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.
Appointment of the Governor
  • 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.
Who is eligible for the Governor Post?
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.
Conditions of Office
  • The oath of office of the governor is administered by the chief justice of the concerned state’s high court, and in his absence senior-most judge of the High court.
  • A governor holds office for a term of five years from the date on which he enters the office.
  • The governor can resign before the completion of the term, by submitting his resignation to the President of India.
  • The governor has no security of tenure, he can be removed from the office by the President at any time.
  • The constitution does not lay down any grounds for the removal of the governor.
  • The president may transfer a Governor from one state to another for the rest of the term, and a governor whose term has expired can be re-appointed in the same or other state.
  • A governor can hold the office until his successor assumes charge.
  • That person is not appointed as the governor who belongs to the state. He shall be an outsider having no relation with the state he is being appointed to.
  • The chief minister of the concerned state is consulted before appointing a governor.
  • When a governor is responsible for two or more states, the emoluments and allowances payable to him are shared by the states in such proportion as the President may determine.
  • He is given immunity from any criminal proceedings, even in respect of his personal acts
  • Arrest or imprisonment of Governor cannot take place. Only civil proceedings can be initiated for his personal acts that too after giving two months’ of prior notice.

Power and Functions of the Governor
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.
1. Executive Power
  • 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.
3. Financial Power
  • He looks over the state budget being presented in the state legislature.
  • His recommendation is needed for the introduction of money bill in the state legislature.
  • Contingency fund of the state is under him.
  • He constitutes state finance commission after every five years. Judicial Power
  • He has pardoning power of following type: 1.Pardon, 2.Reprieve, 3.Respite, 4.Remit, 5.Commute
  • He is consulted by the president while appointing judges of the High court.
    He appoints persons to the judicial services and state public service commission.
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