State Executive- Governor

A Governor is appointed by the President under article 155 for five years in a given state or union territory. To be qualified as a Governor, one must be at least 35 years of age and should not be part of the parliament or state legislature. Also, a Governor should not be part of any profit-making venture. They are appointed by the President of India and have a team of state executive members. The executive powers of the governor extend over the state’s functions; however, in the case of the lieutenant Governors appointed to union territories, the leadership of the territory is awarded to them completely.

The Powers of a Governor

A Governor is typically appointed to preserve, protect, and defend India’s constitution and the Indian law system. Every order or recommendation made from the house of the Governor is for upholding the constitutional provisions of the particular state or union territory. There are different levels of powers enjoyed by the Governor, discussed below.

The Executive Powers of the Governor

The responsibility of the administration of the state and the enforcement of the law is vested in the Governor of the state. As a prime function of the executive powers of the Governor, appointing the chief minister of the state is a requirement. The chief minister must belong to the ruling party in that state. The Governor also appoints the executive committee members under the guidance of the appointed chief minister. He then assigns sub-functions to the council members to perform as well. The state legislative assembly members have to work in favour of the ruling party in a majority for the sustenance of the executive council of ministers. If the majority does not support the ruling political party, the executive council can be disbanded.

The Governor also acts as the Senate President. The Governor can coordinate the assessment of each of the colleges and partner universities. The chancellor can set up committees within these institutions to appoint vice-chancellors.  The Governor supports or objects to resolutions passed by the Senate and designates college staff as per the committees’ proposal.

The Legislative Powers of Governor

The Governor’s office is also tasked with law-making in India. The state legislature house can be called upon and dismissed at the Governor’s request. In coincidence with the executive powers of the Governor, these decisions must also be made in discussion with the Council of ministers and the Chief Minister of the state. The Governor addresses the legislative directives of the state after the assembly elections and at the beginning of every year. The governor declares all the state’s new policies and procedures in these addresses, including many bills that the Governor has approved to become a law. The Governor can and, in some cases, must take the advice and guidance of the President when implementing these laws.

A governor can also decide to completely remove a senate house member if the election commission can provide enough evidence to support the notion that the member of the senate’s house is non-compliant with Article 191. The provisions can be outlined as having profit-making motives, being in an unsound state of mind declared by a body of law or even if the member has acquired citizenship of another country.

The Discretionary Powers of Governor

There are some other powers that the Governor enjoys for special circumstances. In the case of the political parties unable to acquire a majority win, the state governor can appoint a Chief Minister to form the coalition government. A Governor can also pass the ruling rights to a state directly to the president, also known as President’s rule. They can also pass their approval on a bill directly to the President.

Other than these powers, the Governor also holds certain financial powers over the state. The Governor is responsible for creating the Financial Committee of the state and is responsible for the state budget. Any advances or exceptions to the state budget in the case of an emergency or state requirement can only be authorised by the Governor of the state.

Conclusion

Governors are elected by the majority government in power at the centre. A Governor can be changed mid-term if the central government changes. Although governors are the leaders of the state, they only maintain discretionary control over the state. All the major affairs of the state are handled by the Chief Minister and the cabinet of ministers only. The Governor majorly acts on request from the central government or the President directly. It is generally considered an act of federalism in India to appoint a Governor on the whims and fancies of the ruling government. A Governor is elected for governance mostly.