Governor: Powers and Functions

Introduction

The Governor is the constitutional head of a state in India, similar to how the President is the constitutional head of the Union. The office of Governor is established under Article 153 of the Indian Constitution. The Governor acts as the representative of the Central government in the state.

Appointment and Term

Key points about the appointment and term of Governor:

• Appointed by the President of India (Article 155)
• Holds office during the pleasure of the President (Article 156)
• Normal term is 5 years, but can be removed earlier
• No fixed tenure - serves at the pleasure of the President
• Can be reappointed in the same or different state
• Qualifications (Article 157):
  • Must be a citizen of India
  • Must have completed 35 years of age

Powers and Functions

1. Executive Powers (Article 154)

• All executive actions of the state government are taken in his name
• Appoints the Chief Minister and other ministers (Article 164)
• Appoints the Advocate General, State Election Commissioner, etc.
• Can recommend President's Rule (Article 356)
• Can reserve bills for President's consideration (Article 200)

2. Legislative Powers

• Summons, prorogues and dissolves the State Legislative Assembly
• Addresses the legislature at the beginning of first session each year
• Can nominate 1 member from Anglo-Indian community (if not adequately represented)
• Gives assent to bills (or withholds assent or reserves for President)
• Can promulgate ordinances when assembly not in session (Article 213)

3. Financial Powers

• Ensures annual financial statement (budget) is laid before legislature
• Money bills can be introduced only on his recommendation
• Constitutes State Finance Commission every 5 years
• Can make advances from Contingency Fund of state

4. Judicial Powers

• Can grant pardons, reprieves for offenses under state law
• Appoints judges of District Courts in consultation with High Court
• Consulted by President while appointing judges of High Court

5. Discretionary Powers

These are particularly important for UPSC preparation:

1. Appointing Chief Minister when no clear majority
2. Dismissing a ministry that has lost majority but refuses to resign
3. Reserving bills for President's consideration
4. Recommending President's Rule under Article 356
5. Determining amount payable by government for tribal areas (6th Schedule)

Role in State Administration

The Governor plays several crucial roles:

• Constitutional Head: All executive actions taken in his name
• Link between Center and State: Acts as the representative of the Central government
• Chancellor of Universities: In most states, Governor serves as Chancellor of state universities
• Crisis Manager: Plays key role during political instability

Controversies and Critical Analysis

The office of Governor has been subject to several controversies:

• Agent of Center: Often accused of acting as agent of central government rather than constitutional head of state
• Misuse of Article 356: Frequent imposition of President's Rule for political reasons (SR Bommai case laid down guidelines)
• Partisan Role: Allegations of favoritism in government formation
• Post-retirement Benefits: Often given lucrative posts after tenure

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