What is Role of the Governor?
Historical Background
Key Points
9 points- 1.
Appointment: Appointed by the President (Article 155) and holds office during the pleasure of the President (Article 156).
- 2.
Qualifications: Must be a citizen of India and have completed 35 years of age (Article 157).
- 3.
Executive Powers: Head of the state executive (Article 154), appoints the Chief Minister and other ministers, Advocate General, State Election Commissioner, and Chairman/members of the State Public Service Commission.
- 4.
Legislative Powers: Summons, prorogues, and dissolves the state legislature (Article 174); addresses the first session after each general election and the first session of every year (Article 176); can send messages to the legislature; assents to bills (Article 200) or reserves them for the President's consideration; promulgates ordinances (Article 213) when the legislature is not in session.
- 5.
Financial Powers: Ensures the Annual Financial Statement (state budget) is laid before the legislature; money bills require prior recommendation.
- 6.
Judicial Powers: Possesses pardoning powers (Article 161) for offenses against state laws; consulted by the President in the appointment of High Court judges.
- 7.
Discretionary Powers: Significant in situations like appointing a Chief Minister when no clear majority exists, dismissing a ministry that has lost confidence, reserving bills for the President's consideration, seeking information from the Chief Minister, and recommending President's Rule (Article 356).
- 8.
Acts as the Chancellor of state universities, playing a role in their administration.
- 9.
Serves as a guardian of the Constitution in the state.
Visual Insights
Powers of the Governor: Executive, Legislative, Discretionary
Comparison table outlining the executive, legislative, and discretionary powers of the Governor.
| Executive Powers | Legislative Powers | Discretionary Powers |
|---|---|---|
| Appointment of CM and other ministers | Summoning, proroguing, and dissolving the State Legislature | Reserving bills for President's consideration |
| Allocation of portfolios to ministers | Addressing the State Legislature | Dismissing the Council of Ministers when they lose majority |
| Making rules for transaction of business of the State Government | Promulgating ordinances when the State Legislature is not in session | Determining the eligibility of a member of the State Legislature |
Recent Developments
4 developmentsFrequent debates and controversies regarding the extent and exercise of the Governor's discretionary powers, especially in government formation and assent to state bills.
Supreme Court judgments (e.g., S.R. Bommai case, Nabam Rebia case) have clarified and, at times, limited the scope of the Governor's powers.
Recommendations by various commissions (Sarkaria Commission, Punchhi Commission) on the Governor's role and appointment process.
Instances of Governors clashing with elected state governments over policy matters, legislative actions, or administrative decisions, leading to federal tensions.