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The Governor of State

Under Indian Constitution
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There shall be
Governor for each
State
Art-153
Same person can be
appointed as governors
for 2 or more states
m.blessan@gmail.com The Governor is appointed by
the president by warrant under
his hand and seal-Art 155

He holds a term of 5 years from

Appointment the date on which he enters
upon his office.-156(3)
and Term of
office
Continues to hold office until his
successor enters upon his office.-
Art 156(3)

He can be Reappointed
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Must be a citizen of India

Must have completed the age

of 35years
Qualifications-
Art 157,158 He can be an MP or MLA ,but if
appointed governor, he ceases
to be MP or MLA.-Art 158(1)

He cannot Hold any Office of

Profit-Art 158(2)
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Without payment of rent,the use of

his official residences

Entitlements Entitled to such emoluments,

and allowances, privileges as may be
determined by the parliament by law.
Privileges-Art
158 His emoluments and allowances shall
not be diminished during his term of
office.
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Oath or Affirmation
Oath or Affirmation by Governor is taken in the presence of the chief
justice of the High Court-Art 159

In the event of Death of Governor, the chief justice of High court

becomes the acting governor

When there is a contingency, the president may make such provision

as he thinks fit for the discharge of the functions of the governor of a
state in any contingency not provided in this chapter.-ART 160
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Dismissal by president

Removal of Resignation
Governor

The grounds for the removal

by the president are not laid
down in the constitution
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Powers of the Governor

• Executive Powers
• Executive power of the state with governor

154(1) • Can exercise power directly or subordinate

through officers.

• Power conferred on other authorities by the

154(2)
existing law cannot be transferred
• Other functions can be conferred by parliament
or legislature of state on other authorities.
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Art 162

Executive Power of State

• Matters in which legislature of state has power to make laws.

When parliament and state legislature has power to make

laws
• Executive power of state shall be subject to and limited by ,the executive
power expressly limited by the constitution or by any law made by
parliament upon the union or authorities thereof.
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ART 166
166(1) 166(2) 166(3)

• All executive action of • Executive functions • Governor is authorized

government of state is shall be authenticated to make rules for the
expressed to be taken in manner specified in more convenient
in the governor’s name. the rules made by the transaction of the
• An executive order governor. business of
issued in his name • The validity of an order government of state.
cannot be modified or or instrument so • And for its allocation
cancelled. authenticated shall not among ministers .
be called in question
on the ground that it is
not an order from
governor.
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To communicate to the governor of the state all

decisions of the council of ministers relating to
the administration of the affairs of the state and
proposals for legislation;

It shall be the To furnish such information relating to the

administration of the affairs of the state and
duty of the proposals for legislation as the governor may call
for
chief minister
If the governor so requires, to submit for the
consideration of the council of ministers any
matter on which a decision has been taken by a
minister but which has not been considered by
the council
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Executive powers of the governor

• Appoints chief minister and council of ministers on the advice of chief
minister.
• Appoints members of the state public service commission and
Advocate General
• The minister as well as the advocate –general hold office during the
pleasure of the governor. Although appointed by the governor, the
members of the state public service commission cannot be removed by
him
• Powers to nominate members of Anglo-Indian Community to
Legislative assembly of his state ,if they are not adequately represented
in the state.
• Power to nominate members, 1/6 of the total members of the council,
having special knowledge in literature, art, science, cooperative
movement and social service ,to the legislative council of the state.
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Governor is part of the state legislature-

Art 168 (1)

He has the right to address and send

messages.
Legislative
Powers He can summon, prorogue the state
legislature and dissolve the lower house.

All bills passed by the legislature has to

be assented by him
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Governor’s assent of Bill

Withhold assent to the bill

Send it back for reconsideration

If the bill is passed with or without

reconsideration ,governor has to give his assent.
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Governor’s Veto

Governor may reserve a bill for reconsideration by president. This is

mandatory if the bill affects the powers of High Court.-Art 200

On such bills, the president may declare his assent ,withhold his
assent or return is to the state legislature.

The state legislature has to reconsider the bill within 6 months. If

the state legislature passes the bill with or without amendments
,then president is not obligated to signify his assent.
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places the annual financial

statement in the state
legislature.
Financial
powers of the
No money bill or financial
Governor.
bill can be introduced in the
house without the prior
permission of the governor.
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Leading cases- Shamsher Singh v State of

Punjab
Wherever the constitution requires the satisfaction of president or governor, the
satisfaction is not the personal satisfaction of president or governor, it is the satisfaction
of council of ministers on whose aid and advice the president or governor generally
exercises all his powers.
The appointment and removal of persons is an executive action of president or governor
as the constitutional head of the executive to be exercised on the aid and advice of the
ministers.

The 42nd amendment by amending Art.74(1) made explicit what was implicit earlier i.e.
the president shall ,in the exercise of his functions, act in accordance with the advice
tendered by the council of his ministers.
m.blessan@gmail.com The relation between the governor and his council of
ministers is same except that in certain
circumstances the constitution allows governor to
exercise his discretion.
Governor of Assam has special responsibility
Relation regarding the administration of the tribal areas in
between Assam

Governor and There are special responsibilities for governors of

Council of union territories as well.

Ministers
If a bill derogates the power of high court then
governor has to reserve the bill for the president to
reconsider.
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Other Circumstances under which the

Governor may exercise discretion

Dissolution of Advising
Appointment of Dismissal of
Legislative president under
Chief minister ministry
Assembly article 356
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• “On rare occasions where on facts the

bias becomes apparent and /or the
decision of the council of ministers is
M.P. SPECIAL shown to be irrational and based on non-
POLICE consideration of relevant factors, the
ESTABLISHMENT governor would be right ,on the facts of
v STATE OF M.P that case, to act in his own discretion and
grant sanction for prosecution of a
Minister.”
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Governor could exercise his

discretionary powers only if there
was a compelling necessity to do so.

Rameshwar
Prasad v
Union of The governor could not, in exercise of
his discretion or otherwise, do
India anything which was prohibited to be
done. The court has the power to
examine the validity of his action. E.g.
when it is malafide.
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There must consultation between the

chief minister and the central
government before the governor is
Suggestions appointed.
For improving Governor be eminent ,come from the
the outside the state of his appointment,
be not too intimately connected with
Governor’s its politics
Role- Sarkaria A politician of the party governing in
Commission Newdelhi should not be appointed to a
state governed by another party.