GOVERNOR

GOVERNOR

Articles 153 to 167 in Part VI of the Constitution deal with the state executive.

• The state executive consists of the governor, the chief minister, the council of ministers and the advocate general of the state.
• Usually, there is a governor for each state, but the 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as a governor for two or more states.
• He is appointed by the president by warrant under his hand and seal.
• A governor holds office for a term of five years from the date on which he enters upon his office.
• He can resign at any time by addressing a resignation letter to the President.

POWERS AND FUNCTIONS OF GOVERNOR

A. Executive Powers

1. Governor being the head of the state executive, all executive action is expresses to be taken in the name of the Governor.
2. Appointments:
   • The Chief Minister and other ministers with the advice of the Chief Minister. He has to appoint the leader of the party having absolute majority in the legislative assembly as the Chief Minister. However, in case of no party having a clear cut majority in the House, the Governor may use his discretion.
   • Advocate-General
   • Chairman and the members of the State Public Service Commission.
   • Members of the subordinate judiciary (District Judge and below).
   • Vice-Chancellors of state universities.
3. The Governor is the Chancellor of the universities run by the state.
4. Though the Governor has no power to appoint the Judges of the state High Court, he may be consulted by the President in such appointment.

B. Legislative powers

1. The Governor is a part of the legislature (Art. 168). In this capacity he performs the following legislative functions:
   • To summon, prorogue and dissolve the legislative Assembly.
   • Right to address the legislature and to send messages to it.
   • No Bill can become a law unless the Governor gives assent to it. He can give his assent, withhold his assent or use the pocket veto to a state Bill.
   • He nominates one member of the Anglo-Indian community to the state assembly and one-sixth of the members of the legislative council from among persons having special experience in art, science, literature, social service or cooperative movement.

ii. Art. 200: Assent to Bills

1. When a Bill has been passed by the Legislature of a State, it shall be presented to the Governor who may accept or reject the Bill.
2. In the case of Bills other than Money Bills, he may return to the legislature for reconsideration.
3. Governor may also reserve the Bill for consideration of the President.
4. When a Bill is returned to legislature by the Governor, it must be passed again to be accepted by the Governor.
5. In essence as per the Article 200, when a Bill passed by the Legislature of a State is presented to the Governor, he has four option:
   • he assents to the Bill when it becomes an Act
   • he withholds assent
   • he returns the Bill to the Legislature for reconsideration
   • he reserves time Bill for the consideration of the President

iii.  Art. 201 Bills reserved for consideration

1. When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent in case of a Money Bill.
2. In other Bills, he may return the Bill for repassage— the third option for the President.
3. The repassed Bill need not be assented to by the President and he may return it again and again. Thus, it is an absolute veto
4. Also, there is no time limit within which the President should take a decision.
5. There have been instances where Bills have been pending with the President for periods up to six years or more.
6. The most recent Bill to be reserved by the Governor for the Presidential assent is the GUJCOC Bill Gujarat Control of Organised Crime Bill for which the President has expressed the need for three changes and returned it.

Financial Power

1. He causes to be laid before the legislature annual financial statement (Art-202)
2. Money bill cannot be introduced in the State Legislative Assembly without the prior permission of the Governor.
3. The annual and supplementary budgets are introduced in the Assembly in the name of the Governor.
4. No demand for grant can be made except on his recommendation.
5. The Governor has the control over the State Contingency Fund, without his assent the fund cannot be drawn upon.

Judicial Power

1. He is consulted by president while appointing judges to the State High Court.
2. Article 161, The Governor possesses the power to suspend, remit or commute the sentence of any person convicted of any offence against any law to which executive power of state extends. 
3. Pardon: completely absolve offender from all punishments.
4. Reprieves: stay on the execution of the sentence for a temporary period.
5. Respite: awarding lesser punishment on special grounds.
6. Remission: reduction of sentence without changing its character
7. Commutation: Substitution of one form of punishment for another form which is of a lighter character.

Discretionary powers of the Governor

1. 163 - There shall be a Council of Ministers headed by the Chief Minister to aid and advise the Governor and the Governor shall exercise his powers according to such advice except where the Constitution requires him to act in his discretion.
2. There are two types of situations in which the Governor is expected to use his discretion:
   • Those, which are implied by the nature of Parliamentary democracy and the Constitution.
   • Those where the Constitution has expressly imposed special responsibility on the Governor.

SPECIAL RESPONSIBILITY POWERS OF GOVERNOR

1. 371 (1) - Special responsibility of the Governor of Maharashtra and Gujarat for the establishment of development boards for Vidarbha, Marathwada, Saurashtra and Kutch, etc.
2. 371A - Special responsibility of the Governor of Nagaland with respect to law and order so long as internal disturbances occur in some area of the state. To establish a regional council for Tuensang district to arrange for equitable allocation of Money between Tuensang district and the rest of Nagaland.
3. 371 C (1) - Special responsibility of the Governor of Manipur to secure the proper functioning of a committee of the members of the legislative Assembly consisting of the members representing the hill area.
4. 371F (g) - Special responsibility of the Governor of Sikkim for the peace and for an equitable arrangement for ensuring the advancement of different section of the population of Sikkim.
5. 371H (a) - Special responsibility of the Governor of Arunachal Pradesh with respect to law and order.
6. The 6th Schedule provides that the Governor of Assam shall determine the amount payable by the state of Assam to the district council as royalty accruing form licenses for minerals.

PRIME MINISTER

• Article 75 provides that the Prime Minister shall be appointed by the President
• But the President has no choice except to appoint as Prime Minister the leader of the party which has absolute majority in the Lok Sabha.