A Short Note On Governor’s Special Powers

According to Article 157 of the Indian Constitution of 1949, a person cannot be appointed as Governor unless he is a citizen of India and has reached the age of 35. The Governor is also the State’s top executive and holds the executive powers, and he performs his duties on the advice of the State’s council of ministers. In addition, the Governor has a dual responsibility in that he is also a representative of the federal government. According to Article 157 of the Indian Constitution of 1949, a person cannot be appointed as Governor unless he is a citizen of India and has reached the age of 35.

Appointment of Governor

There shall be a Governor of each State under Article 153, and nothing in this article prevents the appointment of the same individual as Governor of two or more states. The Governor shall have executive power over the State, which he may exercise directly or through officers subordinate to him.

Qualifications according to article 157

The following qualifications are required by the Constitution to be appointed as Governor:

• No one can be named Governor unless he or she is a citizen of India
• He ought to have reached the age of 35
• He should be from outside the State to avoid local politics
• When the same person is appointed as Governor of two or more states, the Governor’s payments and allowances are divided among the states in the manner the President determines by order
• The Governor’s emoluments and allowances shall not be reduced during his term of office

Powers of Governor

The State’s Governor will have legislative, financial, judicial and executive powers. However, he does not have the diplomatic, military, or emergency powers that India’s President possesses.

Executive Powers of Governor

The executive powers, as described above, are those that are exercised by the council of ministers in the name of the Governor. As a result, the Governor is simply a ceremonial head, while the Council of Ministers is the real executive. The Governor appoints the following positions during his term: Advocate General, Chief Minister of the State, and other state ministers on the Chief Minister’s advice. He can recommend that a state be declared a constitutional emergency to the President. As an agent of the President, the Governor has significant executive powers during the President’s administration in a state.

Legislative Powers

This power of the Governor can be divided into two subcategories, namely, writ of bills and respect to the legislature. • When a bill other than a money bill is presented to Governor for his assent, he may either give his consent, withhold his assent, or return the bill to the Houses for reconsideration; however, if the bill is passed again by the state legislature with or without amendments, he must either give his assent or reserve the bill for President’s consideration.On the other hand, the Governor cannot send the money measure back to be reconsidered. The money measure is normally introduced with the Governor’s prior approval. If the money bill requires the President’s consent, the President must say whether he is giving or withholding his assent.

Judicial Powers

When appointing justices to the State High Court, the President talks with the Governor of the State in question. He possesses the pardoning powers listed below for any offences within the scope of state power.

• Pardon entails fully absolving the culprit
• Stay on the execution of the sentence if you get a reprieve
• In some exceptional circumstances, a lower punishment may be granted as a form of respite
• Remission refers to a decrease in the length of a sentence without affecting the offender’s character
• Commutation is the process of replacing one form with another

Discretionary Powers

The Constitution makes it plain that if there is any debate about whether a matter is within the Governor’s discretionary powers, the Governor’s judgement is final. Nothing he does may be questioned since he acted at his discretion.

Conclusion

The federal government structure may be found in India. Between the Center and the States, there is a separation of powers. As a result of this separation, the three branches or organs of government have been established at the federal and state levels, resulting in the Legislative powers, Executive powers, and Judiciary at both the federal and state levels. Because of the growth in its capabilities with implementing the Delegation of Power, the executive has assumed the most dominating role in the country of all these organs. While the President leads the executive branch at the federal level, the Governors lead the executive branch at the state level.