CONCEPT - ROLE OF STATE GOVERNORS IN INDIA

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 CONCEPT - ROLE OF STATE GOVERNORS IN INDIA

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• The Governor is the head of a state. He is the Chief Executive in the state. He enjoys the same position in the state as the President enjoys in the Centre. However, in a way his position is slightly better. Whereas the President as the nominal executive of the Union can rarely use any discretion in the exercise of his powers, the Constitution grants some discretionary powers to the Governor.
• Method of Appointment:

1. Constitution of India lays down for the office the Governor of each State.” However, one person can also function as a Governor of two or more states. The President of India appoints the Governor of each state and while doing so he acts upon the advice of the Prime Minister.

• Two important practices regarding the appointment of a Governor:

1. The first practice is that the person being appointed as the Governor is mostly not a resident of the state for which he is appointed.
2. Secondly, before appointing a Governor, the Union Governments consults the concerned State Government particularly the Chief Minister of that State. It is now a respected rule.
3. Along with these two healthy practices, an unhealthy practice has also developed. Sometimes ‘defeated’ or very old political leaders are appointed as Governors. Further, sometimes the unhealthy practice of wholesale transfers or removals of Governors takes place after a change of government at the Centre.

• Qualifications for the Office of the Governor:
• The following qualifications are essential for the office of the Governor of a State:

1. He is to be a citizen of India.
2. He has to be above the age of 35 years.
3. He is not to be a member of either House of Parliament or of the Legislature of any state.
4. He is not to be holding any office of profit in the Government.
5. He is not to be a declared bankrupt by any court of law.

• Tenure:  The Governor is appointed for a period of five years. However, he holds office during the pleasure of the President. The President can remove or transfer him at any time.
• Oath or Affirmation by the Governor: Every person appointed as Governor has to take the oath of his office. It has to be taken in the presence of the Chief Justice of the concerned State High Court.
• Mostly persons of repute and eminence in public life or senior politicians or retired civil and military officers are appointed as Governors.
• Powers and Functions of the Governor:

1. Executive Powers: Governor is the head of the State. The Constitution gives executive powers of the state to the Governor. He appoints the Chief Minister and other ministers on the advice of the Chief Minister. Ministers hold office during the pleasure of the Governor. 
1. The Governor can remove the Chief Minister of the province in case he feels that his government does not enjoy the confidence of the majority in the State Legislative Assembly or is not working according to the provisions of the Constitution. 
2. All major appointments (Advocate General, Chairman and Members of Public Service Commission, Vice-Chancellors) in the state are made by the Governor. But in doing so, the Governor depends upon the advice of the State Chief Minister and the State Council of Ministers. 
3. The Chief Minister of the State has to keep the Governor informed about the state administration and the decisions taken by his ministry. Governor can seek from the Chief Minister any information about the state administration. He may call upon the Chief Minister to place the decision of an individual minister before the Council of Ministers for consideration. The President consults the Governor while appointing the judges of the State High Court. The Governor acts as the Chancellor of the state universities.
4. Normally, the Governor exercises all his executive powers in accordance with the advice of the State Council of Ministers and the Chief Minister. The ministers are responsible for all the acts of the Governor. But during a constitutional emergency in the states the Governor becomes a real executive head of the state uses all executive powers with the help of some advisors.
2. Legislative Powers: The Governor is not a member of the state legislature and yet he is a part of it. All bills passed by the state legislature become laws only after the signatures of the Governor. He can withhold his assent or can return a bill (other than a money bill) to the legislature for reconsideration. But if the bill is passed a second time, he cannot withhold his assent from that bill. Several legislative measures can be reserved by him for Presidential assent.
1. The Governor summons and prorogues the sessions of the state legislature. He can dissolve the state legislative assembly. He nominates 1/6 members of the Legislative Council from amongst persons having distinguished careers in the field of science, art, literature or social service, normally all these functions are performed by the Governor under the advice of the State Chief Minister.
2. When the state legislature is not in session, the Governor can issue ordinances. Any ordinance so issued by the Governor has the same force as the law of the legislature. It, however, ceases to operate after six weeks from the date on which the state legislature comes into session. It also ceases to operate when a resolution is passed by the state legislature disapproving the ordinance. The Governor issues ordinances only on the advice of the state Chief Minister and his Council of Ministers.
3. Financial Powers: A money bill can be introduced in the state legislature only with the prior permission of the Governor. He orders that the annual budget be placed before the state legislature. The contingency fund of the state is at his disposal and he can order expenditure out of it to meet any unforeseen expenditure. In reality these powers are also exercised by him under the advice of the CM and his State Council of Ministers.
4. Judicial Powers: The Governor of the state has some judicial powers. He can influence the appointments, postings and promotions of the district judges and other judicial officials. He has the power to grant pardon, reprieve or remission of punishment or to suspend, remit or commute the sentences of any person, convicted of any offence against any law. While appointing the Chief Justice and other judges of the State High Court, the President of India consults the Governor of the Concerned State.

• Position of the Governor: A review of the powers of the Governor brings out the view that he has got wide powers and is not a constitutional ruler. However, being the head of a state which has a parliamentary system, the Governor normally acts as a constitutional or nominal executive head the state. He carries out all his functions on the advice of the Chief Minister and his Council of Ministers.
• The Areas in which the Governor can act in his Discretion: Despite being a nominal head, the Governor has some discretionary powers. These are exercised by him without the advice of the State Council of Ministers.
• These are:

1. When no political party is having a clear majority in the State Legislative Assembly, the Governor can play an active and decisive role in the appointment of the Chief Minister.
2. The Governor can use his discretion in dismissing a ministry when the party in power loses majority or is likely to lose majority in the state Legislative Assembly.
3. The Governor can act in his discretion in ordering or recommending to the President for a dissolution of the state assembly. The Governor can refuse to accept the advice of a Chief Minister for dissolving the state legislative assembly in case he feels that an alternative state government can be formed.
4. The Governor depends upon his discretion in advising the President for the promulgation of an emergency in the state. He has the power to judge as to whether there has been a break-down of constitutional machinery in the state or not.Governor is not merely a Golden Zero: The Governor of a state is not merely a figure head. He can exercise some powers in his discretion, and independent of the recommendations made by the state Chief Minister. Governor is not a superfluous highness. The Constitution, as such, makes the Governor of a state an important factor in the state administration. Even in normal times, when he acts as the nominal executive head of the state, he can use some discretionary powers.

• Governor as a link between the Centre and the State: The Governor acts as the link between the Union and the state. He acts as the agent of the President in the state both when he acts as the nominal and constitutional head of the state in normal times as well as when he acts as the real head of the state during the period of President’s rule in the state.
• It has been because of this role that at times, the Governor becomes a controversial person. He has to simultaneously act as the agent of the Centre as well as the head of the state administration. He can also exercise some powers in his discretion. Some State Governors have been, at times, at the centre of some controversies.
• Several reports of the committees constituted to define the exact role of the Governor of a state have suggested several practical steps for guiding his multi­dimensional role. However till today, the office of the Governor continues to operate as before.

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