A Brief Description of Judicial Powers of the Governor

A state’s Governor is equivalent to a country’s President. Because the President is the head of state, he delegates power to the Prime Minister to govern the country. Governors are supported and assisted in carrying out their management and leadership responsibilities and objectives by department and agency heads, many of whom they have the authority to select.

When a CM loses an election, they usually give their resignation to the Governor. The newly-elected Chief minister also takes an oath in front of the Governor, and the Governor is the one who gives him the powers to the Chief Minister.

Pardoning Powers Against Punishment

The Governor has the authority to give pardons, reprieves, respites, or remissions of penalty, as well as to suspend, remit, or commute the sentence of anybody guilty of breaking any law pertaining to a topic over which the state’s executive jurisdiction extends [Article 161]. In conclusion, they have pardoning powers against punishments.

He has the following pardoning powers when it comes to punishment:

• Pardon 

• Reprieve 

• Respite 

• Commute

• Remit

In collaboration with the state high court and state public service commission. Along with this, he also selects people for judicial positions.

Powers and Functions of Governor

These are the following powers of the Governor:

Governor’s Executive Powers: The executive branch of government is led by the Governor. He can exert this power directly or indirectly through his subordinate officers. The Governor is in charge of the state’s executive functions. One of the Governor’s most important responsibilities is to appoint the Chief Minister of the State. The Governor appoints other ministries based on the Chief Minister’s recommendation. The Governor appoints the ministers, including the Chief Minister, as he sees fit.

Governors’ Legislative Powers: The Governor plays an important role in the State Legislature. However, in some selected states of India, the State Legislature contains one House which is the Legislative Assembly and one governor. Although, in others, the State Legislature contains the two Chambers which are the Legislative Council and the Legislative Assembly, or one governor. He also has the authority to dissolve and manage the Lower House, also known as the Legislative Assembly, prior to its expiry.

Governor’s Financial Powers: The Governor of the legislation has financial authority and responsibilities as well. Without the Governor’s approval, no money bill may be introduced in the State Legislature. Every year, the Governor presents the budget in front of the State Legislature. Without the Governor’s consent, no taxes or spending initiatives may be made.

Governor’s Judicial Power: The Governor has judicial authority as well. Any individual who has been convicted by a court of law is eligible for pardons, reprieves, or remissions of penalty. He also has a significant say in the appointment of judges for the lower courts.

President Consults the Governor While Appointing Judges of the High Court

Judges of the High Court are appointed and have certain responsibilities.

• The appointment of judges is governed by Article 217 of the Indian Constitution, which states that after consultation with the Chief Justice of India and the Governor of the State, the President shall appoint every judge of the high court by releasing warrant, which remains in his hand with seal.

• So, The President will appoint the Chief Justice of the High Court after taking consultation with the Chief Justice of the Supreme Court and the Governor of the State in question. Judges will be appointed in the same way, with the exception that the Chief Justice of the High Court will be consulted. The Supreme Court ruled that before making any recommendation to the President, the Chief Justice of India must consult two of the Supreme Court’s most senior judges.

• The judge can be removed by the President from his in the same manner as a Supreme Court Judge is removed under Article 124, clause (4).

• A judge may resign from their position by handwriting a letter to the President; and

• When the President is appointed to the Supreme Court or transferred to any other High Court which lies in India’s territory, a judge’s position is vacated. 

A person is not eligible for appointment as a High Court Judge unless:

• Is an Indian citizen

• You must be at least 35 years old.

• not be a member of either the House of Commons or the House of State Legislature

• not hold any other lucrative position

If a question about the age of a High Court Judge arises, the President shall consult the Governor while appointing judges of the high court.

Article 234- Appoints Persons to the Judicial Services

Article 234 allows for the recruitment of non-district judges into the judicial service. The Governor of the State, after consulting with the High Court and the State Public Service Commission, exercises jurisdiction in corresponding to such a state, shall appoint persons to the judicial service other than district judges of the state in accordance with rules made by him in that regard.

Conclusion

The Governor of legislation, also called the constitutional ruler, has a fictitious role. In the legislative, executive, and financial domains, the Governor has broad authority. He has the ability to use certain powers of his choice. Regardless of their political affiliation, the Governor contains the authority to advise, encourage, and warn the ministry. The Governor’s office is based on the personality and capabilities of the individual who holds it. Suppose the Governor has a good and powerful personality, he will have a lot of power over his ministry.  Contrary to this, a weak Governor would be affected by the whole ministry.