India follows a two-tier administrative system – the higher authoritative body is formed by the President, the Prime Minister, and his cabinet of ministers, while the lower system is at the state level, comprising the Governor, Chief Minister, and his council of ministers. An Indian Governor holds the same rights and powers as the President, the only difference being at the administrative level. Unlike the President, a Governor is the nominated head of state, while the Lieutenant Governor heads the seven Indian union territories. However, the real decisive and legal rules rest only with the Chief Minister. Governors are appointed after every five years. But if the President opines that a person is incapable, he has the power to terminate the office and relieve the concerned person of his Governor duties.

How is a Governor appointed?

A person needs to meet the following criteria to qualify for the Governor’s post:

  • He is at least 35 years of age or more
  • Hasn’t been a member of state legislatures (Vidhansabha and Vidhan Parishad) and the parliament (Lok Sabha and Rajya Sabha)
  • Must not hold any office of profit, either directly or indirectly

Once an individual fulfils these criteria mentioned in Articles 157 and 158 as per the Constitution of India, he can apply for the electoral. According to the amendments done in the articles, most members agree that the nominal head of state must be chosen through appointment. Even though several suggested the election process, it raised numerous concerns, starting with the fact that arranging an election is time-consuming and has no utility because the Governor acts as the nominal head only.

Thus, the President of India has the right to appoint a Governor under his seal and hand. A candidate can be appointed as a governor for his own constituency or any other. 

What are the powers and rights of a governor?

Being a public official, a Governor has five powers and rights that he can use during certain situations only. His roles and rights are explained below as per their categories.

Executive powers

  • As a chief executive officer of the state, a Governor has the right to appoint the Chief Minister and council of ministers for the Vidhan Sabha.
  • He also elects the members of the State Public Service Commission, along with the Chairman.
  • A Governor appoints the state’s Advocate General where he is holding the office.
  • The Governor also appoints the State Election Commissioner
  • The Governor also processes the appointment of judges for district courts.

Legislative powers

  • The Governor has the right to summon the State Legislature, mainly the Vidhan Parishad, or put off a scheduled meeting with the Chief Minister and council of ministers.
  • He has the right to dissolve the State Legislature if he feels that the ministers have failed to meet the expectations.
  • The chief executive officer can appoint about 1/6th of the total members of the Legislative council.
  • The Governor nominates at least one member having an Anglo-Indian background for the Legislature.
  • If the Legislature has issued any bill, the Governor has the sole discretion to permit passing the bill, keep it on hold, or send it back to the house for review.

Financial powers

  • The Governor recommends introducing finance bills from the State Legislature.
  • It is the state Governor’s responsibility to present the annual state budget in the Lok Sabha.

Judicial powers

  • If a state has courts below the High Court, the Governor appoints the judges.
  • The President consults with the state Governor before appointing the regular judges and Chief Justice of the High Court.
  • For any crime convicted by State Laws, the Governor has the right of remission and to grant justice.

Emergency powers

At any point in time, if the Governor feels that the constitutional architecture of the state is not functioning correctly, he can request the President to initiate “President’s Rule”.

For how long can a Governor serve?

A governor might be the nominal head of state, but he holds the office for five years. Once his tenure is over, he can exercise power till the newly appointed Governor takes the oath and resumes office.

On what conditions is a governor removed from his office?

Even though the Governor can hold the office for 5 years, there are two situations where he can be removed. 

  1. In the rarest cases, the President of India can remove the Governor from power and terminate his tenure much before 5 years, without giving any chance of explanation or prior notice.
  2. A Governor can submit a resignation letter under his hand and seal, and send it to the Indian President much before completion of the 5-year tenure.

Conclusion

Even though the state’s primary power lies in the hands of the Chief Minister, the Governor also plays a crucial role as he is the head of state. Governors are elected by the President only and not members of either the Lok Sabha or Vidhan Sabha. Sometimes, a person can be appointed the Governor of another constituency to which he does not belong. This can cause discrepancies because a person who is unaware of another state’s culture may not be able to interact with the locals. Several amendments have been made to the concerned articles to avoid such untoward situations.