Governor and His Powers

The constitution of India has given provisions for the office of Governor at the state level.

The President of India has the executive power to appoint the Governor to every state of India directly. The Governor of the state works as an agent of the central government. The constitution provides the Governor with various powers to look after his responsibilities in states. The powers of the Governor vary from the executive, judicial, financial, and legislative.

Governor

The framers of the Indian constitution outlined a similar pattern of the government at state levels as it is for the Central government. The Indian constitution in Article 153 of Part VI provides for the office of the Governor for states. In this part of the constitution, the state executives make the provisions.

The President of India appoints the Governor for states, and he acts as chief executive head of the state. Like the President’s office, the Governor works as the nominal head of the state; the Governor is not elected directly by the people but is appointed by the President.

Appointment of the Governor

• Governor for a state is neither directly elected by the people nor in-directly by the state or union executives

• The President appoints the Governor for any state by using his executive power by issuing a warrant for an appointment in his name

• The state governor is nominated by the centre and acts as an agent of the centre in the state

Qualification for Governor

The constitution of India has given only two qualification conditions for the appointment of the Governor; the two conditions are as follows: 

1. The individual to be appointed as Governor should be a citizen of India
2. The individual to be appointed to the office of Governor should have completed the age of at least 35 years

Conditions for the Governors

The constitution has mentioned certain conditions for the office of the Governor and governors are expected to follow these conditions:

1. The individual appointed to the Governor’s office should not be a member of either house of the Parliament or either house of the state legislature. If such a person is appointed the Governor, he is bound to vacate his position.
2. After the appointment as Governor, he is not to hold any other office of profit.
3. The Governor can use Raj Bhawan (official residence) without paying rent.
4. The Governor is entitled to payments and allowances as prescribed and determined by the Parliament of India.
5. If a Governor is given the charge of two or more states, the states share the payments and allowances determined by the President.
6. After the appointment and until the completion of the term, Governor’s payments can not be diminished by the Parliament.  

Powers of the Governor

The Governor of the states possess a variety of powers they vary from executive, legislative, financial, and judicial powers,

Executive Powers

The Governor of states is given the following executive powers.

1. All the executive decisions are taken in the name of the Governor of the respective state.
2. The state government can appoint the chief minister of the respective state and other ministers of the respective state legislature.
3. The Governor of the state appoints the advocate general of the state.
4. The state governor can recommend the President and the central government for the imposition of the President’s Rule in the concerned state. 
5. The Governor of the state acts as the chancellor of the state universities. He is also given the power to appoint vice-chancellors of the state universities.

Legislative Powers 

The Governor of the states are given the following legislative powers,

1. The state governor can summon and expel the respective state’s legislature; he can also dissolve the state legislature.
2. For a pending bill in the state legislature, the Governor can send messages to either house of the legislature.
3. The state governor can address the state legislature on the legislature’s first session.
4. The Governor can appoint any member of the state legislature as the speaker when the speaker and deputy speaker are not available.
5. The Governor can appoint any member of the state legislative council when the chairman and deputy chairman of the council are unavailable.
6. The Governor can appoint with one-sixth nomination members of the state legislative council.
7. The Governor can nominate one member to the state legislature from the Anglo-Indian community residing in the respective state.
8. The Governor is given certain veto powers in respect to a bill passed by the state; the Governor can.
9. The Governor may give his consent or agreement to a bill passed by the state legislature.
10. The state governor may even send the bill passed by the state legislature to the President for his consideration.

Financial Powers 

The Governor of the states are given the following financial powers,

1. He provides for the Annual State Budget in the state legislature.
2. A money bill can not be introduced in the state legislature without the prior recommendations of the Governor of the state.
3. The states’ grants can not be demanded without the Governor’s recommendations.

Judicial Powers

The Governor of the states are given the following judicial powers,

1. The Governor can grant pardon, respites, reprieves, and remissions of punishments. The Governor of the state can also commute the sentence of any person.
2. The President of India must consult the state governor in matters of appointment of judges of the high courts.

Conclusion

The office of the Governor is an important feature of the quasi-federal governance of Indian polity. The Governor is the chief executive head of the state. The office of the Governor comes under Article 153 of the Indian constitution. The Governor possesses various powers and responsibilities, such as the power to appoint C.M and the council of ministers.