2 minConstitutional Provision
Constitutional Provision

Governor

What is Governor?

The constitutional head of a state in India, appointed by the President. The Governor acts as a vital link between the Union and State governments and exercises executive, legislative, financial, and judicial powers, including significant discretionary powers.

Historical Background

The office of the Governor has its roots in the colonial era, where Governors were representatives of the British Crown. Post-independence, the Constituent Assembly debated its role, ultimately retaining it as a nominal head, largely on the lines of the Canadian model, to maintain unity and integrity of the country while preserving federal principles.

Key Points

9 points
  • 1.

    Appointment: Appointed by the President by warrant under his hand and seal (Article 155).

  • 2.

    Qualifications: Must be a citizen of India and have completed 35 years of age (Article 157).

  • 3.

    Term: Holds office during the pleasure of the President (Article 156), typically for 5 years, but can be removed earlier or transferred.

  • 4.

    Executive Powers: Appoints the Chief Minister and other ministers, Advocate General, and members of State Public Service Commission. Acts on the aid and advice of the Council of Ministers (Article 163).

  • 5.

    Legislative Powers: Summons, prorogues, and dissolves the State Legislature. Addresses the first session after general election and every year. Can promulgate ordinances when the legislature is not in session (Article 213).

  • 6.

    Financial Powers: Ensures the Annual Financial Statement (State Budget) is laid before the legislature. No money bill can be introduced without his prior recommendation.

  • 7.

    Judicial Powers: Can grant pardons, reprieves, respites, remissions of punishment, or suspend, remit, or commute the sentence of any person convicted of any offense against any law relating to a matter to which the executive power of the state extends (Article 161).

  • 8.

    Discretionary Powers: Can reserve a bill for the President's consideration (Article 200), recommend President's Rule (Article 356), and determine the amount payable by Assam, Meghalaya, Tripura, and Mizoram to autonomous tribal district councils.

  • 9.

    Dual Role: Acts as the constitutional head of the state and as a representative of the Union government.

Visual Insights

Governor: Role and Responsibilities

Mind map illustrating the key roles and responsibilities of the Governor.

Governor

  • ●Appointment & Tenure
  • ●Constitutional Head
  • ●Discretionary Powers
  • ●Legislative Role

Recent Developments

5 developments
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Frequent debates on the extent and exercise of discretionary powers, particularly in government formation and assent to bills.

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Role of Governor in recommending President's Rule (Article 356) has been a contentious issue, often leading to Supreme Court interventions (e.g., S.R. Bommai case).

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Increased scrutiny over Governors withholding assent to bills passed by state legislatures.

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Discussions on the need for a code of conduct for Governors to ensure impartiality.

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Appointment of Governors often seen through a political lens, impacting Centre-State relations.

Source Topic

Governor's Address: Should the Practice Be Scrapped?

Polity & Governance

UPSC Relevance

A critical topic for UPSC GS Paper 2 (Polity and Governance), frequently tested in both Prelims and Mains. Understanding the Governor's powers, functions, and controversies is essential for analyzing Centre-State relations and the functioning of India's federal structure.

Governor: Role and Responsibilities

Mind map illustrating the key roles and responsibilities of the Governor.

Governor

Appointed by President

5-year term

Acts on aid and advice of Council of Ministers

Government formation

Recommending President's Rule

Addresses State Legislature

Reserves bills for President

Connections
Appointment & Tenure→Constitutional Head
Constitutional Head→Discretionary Powers
Discretionary Powers→Legislative Role