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The Governor is the constitutional head of a state in India, functioning in a manner similar to the President at the Union level. The office of the Governor plays a pivotal role in maintaining the federal structure and ensuring that the state government acts within the framework of the Constitution.
Constitutional Provisions
Articles 153 to 162 of the Indian Constitution deal with the Governor.
Article 153: There shall be a Governor for each state (one Governor can be appointed for two or more states).
Article 154: Executive power of the state is vested in the Governor.
Article 155: Governor is appointed by the President.
Article 156: Holds office during the pleasure of the President (normally for five years).
Article 158: Specifies the conditions of office (must not be a member of Parliament or State Legislature).
Qualifications
Must be a citizen of India.
Must have completed 35 years of age.
Should not hold any office of profit.
Should not be a member of Parliament or State Legislature.
Oath and Tenure
Administered the oath of office by the Chief Justice of the High Court of the concerned state.
Holds office for five years, but continues until a successor assumes office and can be removed earlier by the President.
Powers and Functions of the Governor
The powers of the Governor can be broadly classified into executive, legislative, judicial, and discretionary powers.
1. Executive Powers
Head of the State Executive: All executive actions are taken in the name of the Governor.
Appointment Powers:
Appoints the Chief Minister and on his advice, other ministers.
Appoints the Advocate General, Chairman and Members of the State Public Service Commission, and the State Election Commissioner.
Administrative Control:
Can seek information from the Chief Minister.
Has the power to recommend President’s Rule under Article 356 if the constitutional machinery fails in the state.
Role in Union-State Relations:
Acts as a link between the Union and the State.
Sends reports to the President regarding constitutional functioning in the state.
2. Legislative Powers
Part of the State Legislature: The Governor is an integral part of the State Legislature.
Summons, Prorogues, and Dissolves the Legislative Assembly.
Address to the Assembly: Gives the opening address at the commencement of the first session after each general election.
Bills:
Can give assent, withhold assent, or reserve a bill for the consideration of the President (Article 200).
Certain bills like those affecting High Court powers, or state boundaries, must be reserved for Presidential consideration.
Ordinance Power (Article 213):
Can promulgate Ordinances when the Legislature is not in session, having the same force as laws made by the Legislature.
3. Financial Powers
Ensures that the Annual Financial Statement (Budget) is laid before the Legislature.
No money bill can be introduced without his prior recommendation.
Constitutes the State Finance Commission every five years.
4. Judicial Powers
Appoints judges of subordinate courts in consultation with the High Court.
Can grant pardons, reprieves, respites, or remissions of punishment (Article 161) for offences against laws relating to matters within the state’s jurisdiction.
5. Discretionary Powers
The Governor exercises certain powers at his discretion, not on the advice of the Council of Ministers:
When no party has a clear majority, he can decide whom to invite to form the government.
Can recommend President’s Rule under Article 356.
Can reserve bills for the consideration of the President.
Can act as an administrator of a Union Territory when directed by the President.
Role and Importance
The Governor acts as a vital link between the Centre and the States, ensuring that constitutional norms are upheld. He serves as a guardian of the Constitution in the state and maintains political stability during crises.
Criticism
The post is often criticized for being politicized, as Governors are appointed by the Centre.
Instances of misuse of Article 356 and arbitrary actions have raised questions about neutrality.
The Sarkaria Commission (1988) and Punchhi Commission (2010) recommended reforms to ensure impartiality and transparency in the Governor’s role.
Conclusion
The Governor’s office embodies the principle of constitutional balance in India’s federal setup. While the post is largely ceremonial, its discretionary powers make it significant in maintaining the rule of law and democratic governance in the states. Ensuring the Governor’s political neutrality and adherence to constitutional values is essential for the smooth functioning of India’s federal democracy.
