Role of Governor

(For More details & authenticity, please refer The Constitution of India)

• Article 153 – Governors of States
  There shall be a Governor for each state.
  [Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.]
• Article 154 – Executive power of State
  1. The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
  2. Nothing in this article shall:
     • be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or
     • prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.
• Article 155 – Appointment of Governor
  The Governor of a State shall be appointed by the President by warrant under his hand and seal.
• Article 156 – Term of Office of Governor
  1. The Governor shall hold office during the pleasure of the President.
  2. The Governor may resign his office by writing addressed to the President.
  3. Subject to the above provisions, a Governor shall hold office for a term of five years from the date he enters office. However, he continues until his successor assumes office.
• Article 157 – Qualification for appointment as Governor
  A person must be:
  • a citizen of India
  • at least 35 years of age
• Article 158 – Conditions of Governor’s Office
  1. The Governor shall not be a member of Parliament or State Legislature. If a member is appointed Governor, the seat is deemed vacant.
  2. The Governor shall not hold any other office of profit.
  3. The Governor shall be entitled to official residence, salary, allowances and privileges determined by Parliament.
  4. The emoluments and allowances cannot be reduced during the term.
• Article 159 – Oath or affirmation by the Governor
  Before entering office, the Governor shall take oath before the Chief Justice of the High Court (or senior-most judge).
• Article 160 – Discharge of Governor’s functions in contingencies
  The President may make provisions for discharge of Governor’s functions in special situations.
• Article 161 – Power of Governor to grant pardons
  The Governor can grant pardons, reprieves, respites, remission, suspension or commutation of sentences for offences under State laws.
• Article 162 – Extent of executive power of State
  The executive power extends to matters on which the State Legislature can make laws.
• Article 163 – Council of Ministers to aid and advise Governor
  1. There shall be a Council of Ministers headed by the Chief Minister to aid and advise the Governor.
  2. If a question arises whether the Governor must act in discretion, his decision is final.
  3. Courts cannot inquire into the advice given by ministers.
• Article 164 – Other provisions as to Ministers
  1. The Chief Minister is appointed by the Governor, and other Ministers are appointed on the advice of the Chief Minister.
  2. Council of Ministers is collectively responsible to the Legislative Assembly.
  3. Ministers take oath of office and secrecy before the Governor.
  4. A Minister must become a member of Legislature within six months or cease to be Minister.
  5. Salaries and allowances are determined by the State Legislature.
• Article 165 – Advocate General for the State
  1. The Governor appoints the Advocate General.
  2. He advises the State Government on legal matters.
  3. He holds office during the pleasure of the Governor.
• Article 166 – Conduct of business of the Government of a State
  1. All executive actions are taken in the name of the Governor.
  2. Orders are authenticated according to rules made by the Governor.
  3. The Governor makes rules for the transaction of State Government business.
• Article 167 – Duties of Chief Minister towards Governor
  1. Communicate decisions of Council of Ministers.
  2. Provide information about administration if requested.
  3. Submit matters to Council if required by Governor.
• Article 168 – Constitution of State Legislature
  1. Legislature consists of the Governor and one or two Houses.
  2. States with two Houses have Legislative Assembly and Legislative Council.
• Article 174 – Sessions of State Legislature
  1. The Governor summons the legislature.
  2. Six months cannot pass between two sessions.
  3. The Governor may prorogue or dissolve the Assembly.
• Article 175 – Governor’s right to address Legislature
  The Governor may address and send messages to the Legislature.
• Article 176 – Special address by Governor
  At the beginning of the first session after elections and the first session each year, the Governor addresses the Legislature.
• Article 188 – Oath by Members of Legislature
  Members must take oath before the Governor or an authorized person.
• Article 192 – Decision on disqualification of members
  The Governor decides disqualification questions after consulting the Election Commission.
• Article 200 – Assent to Bills
  The Governor may:
  • give assent
  • withhold assent
  • return the bill
  • reserve it for the President
• Article 201 – Bills reserved for the President
  The President may assent, withhold assent, or return the bill.
• Article 202 – Annual Financial Statement (State Budget)
  The Governor lays the annual budget before the State Legislature.
• Article 203 – Procedure for estimates
  Legislative Assembly votes on demands for grants.
• Article 205 – Supplementary, additional or excess grants
  Governor may present additional financial statements.
• Article 207 – Special provisions for Financial Bills
  Financial Bills require the Governor’s recommendation.
• Article 213 – Ordinance Making Power of Governor
  Governor can promulgate ordinances when the legislature is not in session.
• Article 361 – Protection of President and Governors
  1. They are not answerable to courts for official acts.
  2. No criminal proceedings during tenure.
  3. No arrest during tenure.
  4. Civil proceedings require two months notice.