The Governor - Powers and Functions - Class VII

In some cases, the Governor exercises his discretionary powers as the bills passed in the state legislatures affect the primary conditions as drawn out in the Constitution of India. He sends such bills for the consideration of the President using his discretionary powers. 

Judges in a High Court are appointed by the President of India in consultation with the Chief Justice of India and the governor of the state. High Courts are headed by a Chief Justice.

The term of governor's office is normally 5 years but it can be terminated earlier by:

1. Dismissal by the president which happens usually on the advice of the prime minister of the country at whose pleasure the governor holds office. Dismissal of Governors without valid reason is not permitted. However, it is the duty of the President to dismiss a Governor whose acts are upheld by courts as unconstitutional and malafide.
2. Resignation by the governor

There is no provision for impeachment, as it happens for the president.

Governor is generally outsider and does not belong to the state in which he holds the office. This is a convention not constitutional requirement. Its objective is to keep governor free from local politics. Since it’s not an eligibility condition, a person can be appointed as Governor in home state if the president {centre} wants to do so.

There is a Governor for each state who is appointed by the President. Governor is the Head of the State and the executive power of the State is vested in him. The Council of Ministers with the Chief Minister as its head advises the Governor in the discharge of the executive functions.

• The Governor cannot be a member of either of the Houses or the state legislature after he is appointed as a Governor. He is deemed to vacated his earlier office on being appointed as Governor. 
  
• The 7th Constitutional Amendment Act, 1956 allows for the provision that the same person can be appointed as a Governor of 2 or more states. The Governor should not hold any office of profit, the Governor has personal immunity from any liabilities regarding his official acts.
  

The governor has no role or powers in a contingency situation such as president's rule unless specifically permitted by the president under articles 160, 356 and 357.

Governor may give his assent to a bill or withhold it or he may reserve it for the consideration of the president.

The Governor has no power to appoint the Judge of State High Court. High Court judge appointments are under President power. 

The Governor has no powers to appoint the judges of the State High Court, but it is provided by the Article 217 that he will be consulted by the president before such an appointment is made.

Every bill passed by the state legislature must receive the governor's assent before it can become a law.

On the request of Chief Minister and if needed, the Governor has the power to dissolve the Legislative Assembly.

As state managers, governors are responsible for implementing state laws and overseeing the operation of the state executive branch.

Article 157 and Article 158 of the Constitution of India specify eligibility requirements for the post of governor. They are as follows: A governor must be a citizen of India. He/she must be at least 35 years old and must not be a member of either house of the parliament or house of the state legislature.

A person is qualified to be a state governor if he meets the following conditions. He/she must:

• be a citizen of India
• be 35 years of age at the minimum
• not be a member of the state legislature
• not hold any other office of profit.

Post elections to the state legislative assembly, the Governor usually invites the party (or coalition) with a majority of seats to form the government. The Governor appoints and swears in the Chief Minister, whose council of ministers are collectively responsible to the assembly.

The President appoints judges in a high court. The President appoints them in consultation with the Chief Justice of India and the Governor of the state. High courts are headed by a Chief Justice.

The term of governor's office is normally 5 years but it can be terminated earlier by:

1. Dismissal by the president (usually on the advice of the prime minister of the country) at whose pleasure the governor holds office. Dismissal of Governors without valid reason is not permitted. However, it is the duty of the President to dismiss a Governor whose acts are upheld by courts as unconstitutional and malafide. 
2. Resignation by the governor there is no provision for impeachment, as it happens for the president.

Governor is not permitted to take any decision on his own without state cabinet advise when an elected government is in charge under the provisions of Part VI of the constitution.

Article 202 of the Constitution of India states that the Governor of a State shall give permission for presenting before the House or Houses of the Legislature of the State a Statement of the estimated receipts and expenditure of the State for a financial year. This estimated statement of receipt and expenditure for a financial year, named in the Constitution as the "Annual Financial Statement," is commonly known as "Budget".

The State Advocate General is the first law officer of the State Government. He/She advises the state government upon legal matters and performs legal duties as assigned to him/her by the Governor. The State Advocate General is appointed by the Governor.

Various emoluments, allowances and privileges available to a governor are determined by the Governors (Emoluments, Allowances and Privileges) Act, 1982.

The qualifications of a person to be the governor are that He/she:

• must be a citizen of India
• must at least be 35 years of age
• must not be a member of either house of the parliament or house of the state legislature
• must not hold any other office of profit.

Under the Indian Constitution, the Governor enjoys immunity from legal proceedings for acts done in the exercise of their official powers.

Before entering upon his office, the governor has to make and subscribe to an oath or affirmation. 

The first dismissal of a Governor was in October 1980, when Tamil Nadu Governor Prabhudas Patwari was dismissed by the President during the rule of the Indira Gandhi government. Prime Minister Indira Gandhi did not give Patwari, known as a Gandhian in the Raj Bhavan, the option to resign. The dismissal of Patwari without any valid reason was an instance of political abuse of Article 156(1) of the Constitution, which states that a Governor "shall hold office during the pleasure of the President".

According to Article 165 of the Indian Constitution, the Advocate-General for each State is appointed by the Governor of that State.

The Advocate-General holds office during the pleasure of the Governor, meaning they can be removed by the Governor at any time.

The primary duty of the Advocate-General is to provide legal advice to the State Government on matters referred to them by the Governor.

The governor summons the sessions of both houses of the state legislature and prorogues them. The governor can even dissolve the Vidhan Sabha. These powers are formal and the governor while using these powers must act according to the advice of the Council of Ministers headed by the chief minister.

Under Article 361 of the constitution, governor can not be summoned for questioning  except on his voluntary willingness to testify in the court in support of his controversial deeds though the unconstitutional decisions taken by the governor would be declared invalid by the courts.