Appointment of the Governor: Eligibility, Power and Functions

• The constitution of India provides the same pattern of government in the states as well as in the center.
• Part VI of the Indian constitution deals with the state government.
• The state executive is made up by the Governor, Chief Minister, Council of Ministers and Advocate-General of State.
• Governor heads the state government. Article 153-167 in the Indian Constitution deals with the state executive.
• The governor is the chief executive head of the state, like the president, he is nominal executive head. The governor acts as an agent of the central government, making it a post of dual role.

Note: According to the 7th constitutional amendment Act of 1956, one person can act as a governor of two or more states at the same time.

 

• The Indian President appoints the Governor for each state by warrant under his hand and seal. The Central Government is responsible to nominate the governor for each state.
• The office of the Governor is an independent constitutional office and is not under the control of the central government.

Following are the condition for the appointment of the governor:
1. He should not be a member of either house of the Parliament or a House of the state legislature.
2. He should not hold any other office of profit.
3. He should be minimum 35 years of age.
4. He should be an Indian citizen.

 

The governor holds executive, legislative, financial, and judicial powers, but he does not
hold any diplomatic, emergency, and military powers like the President of India.

 

• All executive actions in the state are taken in the name of Governor.
• An order that has been taken up his name, is to be authenticated, the rules for the same can be specified by the Governor himself.
• He can make rules for convenient transaction of the business of a state government.
• He appoints the Chief Minister and other ministers. They all hold office during his pleasure.
• He appoints Tribal welfare minister in the state of :
  1. Chhattisgarh
  2. Jharkhand
  3. Madhya Pradesh
  4. Odisha
  Note: Bihar was excluded from the list after 94th amendment 2006.
• He appoints the advocate general, State election commissioner, chairman and members of the state Public service commissions and vice-chancellors of the universities in the state.
• The state election commissioner can be removed only in like manner and on the like grounds as a judge of the High court. The members of State Public service commission can be removed by the President only.
• He can seek information from the state government.
• A constitutional emergency in the state is recommended by the governor to the president.
• He works as an agent of the President during the state emergency.

2. Legislative Power

•  It is in his power to prorogue the state legislative assemblies and dissolve the state legislative assemblies.
• He can address the state legislature at the commencement of the first session.
• If the speaker and deputy speaker is absent in the assembly, governor can appoint a person to preside over the session.
• Governor appoints 1/6th of the total members of the legislative council of the state from the field of : 1. Literature, 2. Science, 3. Art, 4. Social service, 5. Cooperative movement
• Governor can appoint one member in the state legislative assembly from Anglo- Indian.
• Governor can consult the Election commission for the disqualification of members.
• He has following powers in respect of a bill:
  1. Give his assent
  2. Withhold his assent
  3. Return the bill
  4. Reserve the bill for the President’s consideration.

• He can promulgate ordinances when the state legislature is not in the session. The ordinance must be approved by the state legislature within 6 weeks from its reassembly.
• The governor can withdraw an ordinance at any time.
• He lays the report of state PSC, CAG relating to the accounts of state, State finance commission, before the state legislature.