Role of Governor: Power, Functions, Related Issues, Committees is an important topic under Rajasthan Polity that explains the powers, duties, and constitutional role of the Governor in state governance. It also covers key issues, controversies, and various committees related to the office of the Governor. Understanding this topic helps in analyzing the functioning of the executive and Centre-State relations in India.
Powers and functions of the Governor
- The Governor has executive, legislative, financial, and judicial powers, but unlike the President, he does not have diplomatic, military, or emergency powers.
- Article 163 ofUnderThe powers of the Governor can be divided into two categories –
- The powers which he exercises on the advice of the Chief Minister (or Council of Ministers).
- Those powers which he exercises at his own discretion.
The powers of the Governor can be studied under the following headings –
Executive powers of the Governor
- Article – 154 –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.
- Article – 166 –
- All executive actions of the government of a state are taken in the name of the Governor.
- Any act done by a person authorised by the Governor under rules made by him is deemed to have been done by the Governor.
- The Governor has the right to make rules for the smooth functioning of the state government and for distribution of work among the ministers.
- It is the prerogative of the Chief Minister to distribute departments among the ministers.
- The provisions of Articles 166(1) and (2) are directive, not mandatory. That is, if an order violates these provisions, it will not be invalid merely because it was not personally signed by the Governor. In such disputes, it will only be necessary to prove that the order was passed by the appropriate authority under Article 166(3).
- Under the above provisions, the Governor has established the Rules of Business for the Government of Rajasthan. Under these rules, it is necessary to present certain matters before the Chief Minister as well as the Governor before issuing an order.
The following classes of cases shall also be submitted to the Governor before the order is passed:
- A motion for pardon, reprieve, respite or remission of any punishment or for the suspension, remission or commutation of any sentence in pursuance of Article 161 of the Constitution of India
- (i) Any proposal for the dismissal, removal or compulsory retirement of any officer appointed by the Government.
- (ii) When a review petition is proposed to be dismissed against an order passed after it has been presented to the Governor.
- Cases relating to mercy petitions by or on behalf of persons sentenced to death.
- Matters relating to the personnel establishment of the Governor and Raj Bhavan.
- Proposal for the appointment of the Chairman and Member of the State Public Service Commission.
- Proposals for fixing or varying the salary payable to the Advocate General.
- All matters relating to the summoning and prorogation of the session of the Legislature, dissolution of the Legislative Assembly, removal of disqualifications of voters in the elections to the Legislature, fixing the dates of elections to the Legislature and other connected matters.
- All matters relating to the application of Acts of Parliament or of the State Legislature to the Scheduled Areas and the making of regulations for the maintenance of peace and good governance in those areas.
- Any other matter of administrative importance which the Chief Secretary or the Chief Minister may consider necessary.
- Under Article 164, the Governor appoints the Minister for Tribal Welfare in Chhattisgarh, Madhya Pradesh, Jharkhand and Orissa.
- Note- Chhattisgarh and Jharkhand were added in the 94th Constitutional Amendment Act 2006.
- In S.R. Bombay v. State of Karnataka (1994), it was held that the majority decision should be taken in the Legislative Assembly and not in the Raj Bhavan.
- Under Article 244 of the Constitution, the Governor of the concerned State has certain special powers in the administration and development plans of the tribes declared as ‘Special Areas’.
- He presents the reports of the State Finance Commission, State Public Service Commission and the Comptroller and Auditor General relating to the accounts of the State to the State Legislature.
Appointment powers of the Governor
| Area/Post | Related Articles | Key details |
| Chief Minister and Council of Ministers | Article 164(1) | Appointment of the CM and appointment of other ministers on the advice of the CM. |
| Advocate General | Article 165 | To decide on appointments and remuneration (posts held during the pleasure of the Governor). |
| State Election Commissioner | 243K, 243ZA | Appointment and service conditions (removal procedure similar to that of a High Court judge). |
| State Finance Commission | 243I, 243Y | Appointment of Chairman and members. |
| State Public Service Commission (RPSC) | Article 316 | of the Chairman and membersAppointment(Only the President has the right to remove). |
| Various State Commissions | – | Appointment of Information Commission, Human Rights, Child Rights and Lokayukta. |
| Universities | – | Appointment of Vice-Chancellors (the Chancellor himself serves as the appointing authority).Note: The Chancellor of the National Law University (NLU), Jodhpur, is not the Governor, but rather the Chief Justice of the Rajasthan High Court. |
| District Judge | Article 233 | Appointment of district level judges. |
| Assembly seat vacancy | – | Appointment from amongst the MLAs when the post of Speaker/Deputy Speaker falls vacant. |
| High Court Judge | – | To advise the President regarding appointments. |
| Chairman of the Red Cross Society. | – |
Indian Red Cross Society
- Since 1920, the Indian Red Cross has been working in India by providing humanitarian services through its 700 branches spread across the country.
- It is a leading member of the International Red Cross and Red Cross Movement, the world’s largest independent humanitarian organization.
- World Red Cross Day – May 8
- Its founder was Jean Henry Dunant who was born on this day in 1828.
Red Cross Society Rajasthan
- Established in 1951
- The Honourable Governor of Rajasthan is the President of the Rajasthan State Branch.
- The Honourable Chief Minister is the Vice-President; the Honourable Health Minister is its Chairman.
- Rajasthan State Branch has 33 district branches.
The Governor is the Chairman of the Western Regional Cultural Development Centre (Udaipur) located in the state.
Western Regional Cultural Development Centre (WZCC), Udaipur –
- Establishment: Regional Cultural Centres were established between 1985 and 1987.
- Objective: To promote, develop, and integrate the diverse arts of India’s urban, rural, and tribal regions.
- Jurisdiction: Rajasthan, Gujarat, Maharashtra, and Goa.
- Shilpgram (A Crafts Village): Established by the WZCC in 1989.
- Shilpgram Festival: Held annually during the last week of December.
- Headquarters: Bagore-ki-Haveli, Udaipur.
- India’s first Regional Cultural Centre to establish a Shilpgram.
The Governor is the patron of the Sainik Welfare Board located in the state.
State Military Board
- This committee is working to manage the benefits of ex-servicemen.
- Chairman: Governor
- The Director of the State Military Board is the ex-officio Member Secretary.
- Directorate of Sainik Welfare is a permanent office under the Sainik Welfare Department of the Government of Rajasthan.
- 24 District Sainik Welfare Offices operated.
The Governor is the patron of the Aravalli Management Board.
The Governor of Rajasthan State is the patron of the Bharat Scouts and Guides.
Rajasthan State Bharat Scouts and Guides
- The Bharat Scouts and Guides Society is an organization registered under the Registration Act XXI of 1860. Its headquarters is located in New Delhi.
- The Scout/Guide movement has been active in Rajasthan since the second decade of the twentieth century.
- During the colonial period, its units were established in Jaipur, Jodhpur, Udaipur, Bikaner, Bharatpur, Alwar, and Ajmer.
- With the merger of the Bharat Scouts and Guides on 7 November 1950, the “Rajasthan State Bharat Scouts and Guides” was formed.
Powers relating to removal of office bearers
The following posts are held during the pleasure of the Governor:
- State Government Ministers
- Advocate General
That is, they can be removed from their posts by the Governor at any time without any process and without giving any reason.
Legislative powers
- Under Article 168, the Governor is an integral part of the State Legislature, that is, the Legislature is constituted by the Governor, the Legislative Assembly and the Legislative Council.
- Sessions, prorogation and dissolution of the State Legislature – Article 174
- Article 174 (1) – To convene sessions from time to time at such time and place as it may deem fit, provided that not more than six months shall elapse between the last sitting of one session and the date fixed for the first sitting of the next.
- Article 174(2) – Prorogation and dissolution of the Legislative Assembly
- Note :-The Speaker of the Assembly has the right to adjourn the Assembly.
- Sending Messages to the Legislature — Under Article 175, the Governor is empowered to send messages to the Legislature (whether regarding a bill pending in the Legislature or any other matter) and to deliver addresses.
- Delivering the Inaugural Address — Under Article 176, the Governor delivers a special address at the commencement of the first session of the Legislature each year, as well as at the commencement of the first session following a general election to the Legislative Assembly, and apprises the Legislature of the reasons for its summons.
- Deciding Disputes Regarding the Disqualification of Legislators — Under Article 192, the Governor, in consultation with the National Election Commission, determines the disqualification of any member of the State Legislature; while the Governor’s decision is final, he is bound to act in accordance with the advice tendered by the National Election Commission in this regard.
- Nomination of Members — Under Article 171, the Governor nominates one-sixth (1/6th) of the total membership of the State Legislative Council from among persons possessing special knowledge or practical experience in the fields of literature, science, art, the cooperative movement, and social service.
- Note: Prior to January 26, 2020, under Article 333, if it appeared to the Governor that the Anglo-Indian community was not adequately represented in the State Legislative Assembly, he could nominate one member from the Anglo-Indian community to the Assembly. This provision has been rendered inoperative by the 104th Constitutional Amendment Act. In Rajasthan, an Anglo-Indian member has never been nominated to the Legislative Assembly.
- Article 180. When the offices of Speaker and Deputy Speaker of the Legislative Assembly are vacant, the Governor may appoint a member to perform the duties of the Speaker.
- When the posts of Speaker and Deputy Speaker of the Legislative Assembly are vacant, the Governor can appoint any member of the Legislative Assembly to perform the duties of the Speaker.
- In the absence of the Speaker from any sitting of the Legislative Assembly, the Deputy Speaker, or if he is also absent, such person as may be determined by the rules of procedure of the Legislative Assembly, or if no such person is present, such other person as may be determined by the Legislative Assembly, shall act as Speaker.
- Article 188. Oath or affirmation by members
- Every member of the Legislative Assembly or the Legislative Council of a State shall, before he takes his seat, make and subscribe before the Governor or some person appointed by him in that behalf an oath or affirmation according to the form set out for the purpose in the Third Schedule.
- The Governor appoints one of the senior-most members of the Legislative Assembly as Speaker Pro Tem by administering the oath. The Speaker Pro Tem serves as the Governor’s representative. The Speaker Pro Tem administers the oath to other members of the Legislative Assembly.
- Under Article 200, a Bill passed by the State Legislature becomes law only after receiving the Governor’s assent. When a Bill, having been passed by the Legislature, is presented to the Governor, the Governor has four options regarding the Bill:
- (i) He may grant his assent to the Bill.
- (ii) He may withhold his assent to the Bill. (This is known as an ‘Absolute Veto’.)
- (iii) He may return the Bill (excluding a Money Bill) to the House for reconsideration. (This is known as a ‘Suspensive Veto’.)
- (iv) He may reserve the Bill for the consideration of the President.
Note:
- He can reserve the money bill for the consideration of the President.
- The Governor cannot return a Money Bill for reconsideration because a Money Bill is introduced in the Legislative Assembly only after the Governor’s prior permission.
- Absolute veto is used on non-government bills.
- Pocket veto is only with the President, not with the Governor.
- When an ordinary Bill is reserved by the Governor for the consideration of the President, the President has three options:
- (i) He may give his assent to the Bill, after which it becomes an Act;
- (ii) He may withhold his assent to the Bill, in which case the Bill lapses and does not become an Act;
- (iii) He may return the Bill to the House or Houses of the State Legislature for reconsideration. It is mandatory for the House to reconsider it within six months. If the Bill is sent back to the President for assent—either with or without amendments—the President is not bound to give his assent to it; he may either give his assent or withhold it.
- When a Finance Bill is referred by a Governor to the President for consideration, the President has two options:
- (i) He may give his assent to the Bill, thereby enabling it to become an Act;
- (ii) He may withhold his assent. In such a case, the Bill lapses and cannot become an Act. Thus, the President cannot return a Finance Bill to the State Legislative Assembly for reconsideration.
- Under Article 200, no specific time limit is prescribed within which the Governor must grant assent.
- If a Bill returned by the Governor for reconsideration is subsequently passed by the Legislature, the Governor is bound to give his assent to it.
- When the Governor reserves a Bill for the President’s assent, his role regarding that Bill ceases thereafter; that is to say, the Governor’s assent is no longer required for it.
- Article 200 clarifies that the Governor may, at his own discretion, refer a Bill to the President for assent; however, Article 200 also explicitly stipulates that any Bill affecting the powers of the High Court must mandatorily be referred by the Governor to the President for assent.
- Article 201 deals with the granting of assent by the President to such Bills. The President may:
- (i) Give his assent to them;
- (ii) Withhold his assent;
- (iii) Return them for reconsideration.
- Article 201 explicitly states that if such Bills are returned for reconsideration, the Governor must ensure they are passed by the Legislature within six months and then resubmit them to the President. The President is not bound to give his assent to a Bill that is returned to him subsequent to such reconsideration.
- In this context, the President takes all decisions in consultation with the Union Council of Ministers.
- When a Finance Bill is referred by a Governor to the President for consideration, the President has two options:
Bills sent by the Governor for the President’s assent:
- Any bill that reduces the powers of the High Court.
- A bill which is against the Directive Principles of State Policy of the Constitution.
- A bill that relates to the compulsory acquisition or control of property and falls under Article 31(C).
- A bill which is of national importance.
- Any bill which is contrary to any provision of the Constitution.
- Any bill which is against the overall or national interest of the country.
- Money Bill passed by the State Legislature during a Financial Emergency.
- Issuance of ordinances (Article 213)
- (i) When the legislature is not in session, in case of urgent need for a law, the Governor can issue ordinances only on those subjects on which the state legislature can make laws (State List and Concurrent List).
- (ii)The Governor issues ordinances on the advice of the President/State Council of Ministers, that is, it is not the discretionary power of the Governor.
- (iii) Such an ordinance would be subject to judicial review.
- (iv) It can be withdrawn by the Governor at any time.
- (in)Such an ordinance remains effective for a period of 6 weeks from the commencement of the new session.
- (we)The State Legislature can terminate this ordinance even before this period.
- Article 191 mentions the grounds for termination of membership of the members of the State Legislature.
- Article 192 clearly states that the Governor shall take decisions regarding the termination
- of membership of members of the State Legislature after consulting the Election Commission. The Governor is required to accept this opinion.
- A money bill cannot be introduced in the state assembly without the recommendation of the governor, that is, a money bill can be introduced in the assembly only with the prior approval of the governor.
- The Governor presents the annual budget of the state to the State Legislative Assembly through the State Finance Minister.
- Expenditure from the contingency fund of the state cannot be made without the permission of the Governor.
- Any demand for grants or proposal for taxes is presented in the Assembly with the approval of the Governor.
- It constitutes the State Finance Commission every five years to review the financial conditions of the Panchayats and Municipalities.
- He can reserve a money bill for the President’s consideration. Thus, the Governor cannot return a money bill to the State Legislature for reconsideration.
- He presents the reports of the State Finance Commission, State Public Service Commission and Comptroller and Auditor General etc. relating to the accounts of the state before the State Legislative Assembly.
Financial powers
- Assent of the Governor to the Money Bill: According to Article 200, the Governor has the power to assent to, withhold, or reserve a money bill for the President’s consideration. A money bill cannot be returned to the legislature for reconsideration. Money bills can only be introduced with the Governor’s prior permission.
- Recommendation of the Governor on the demand for grants (Article 205): No demand for grant can be presented before the Legislature without the recommendation of the Governor.
- Contingency Fund of the State (Article 267): The state’s contingency fund is under the Governor’s control. However, this is not the Governor’s sole discretion; money from this fund is spent only on the advice of the Council of Ministers.
- Annual Financial Statement (Article 202): The Governor directs the Finance Minister to present the annual financial statement to the Legislature every financial year.
- Constitution of State Finance Commission (Articles 243I and 243Y): The Governor constitutes the State Finance Commission every five years to review the financial conditions of the Panchayats and Municipalities.
- No bill which provides for the expenditure of money from the Consolidated Fund of the State can be passed without the assent of the Governor.
- Note –The Legislature has control over the Consolidated Fund.
Judicial power
- Power to grant pardon (Article 161)- The Governor has the power to grant pardon.UnderThere are five types of powers:
- Pardon – This entails the removal of both punishment and imprisonment, completely absolving the offender of all penalties, sentences, and disqualifications.
- Commutation – This signifies reducing the severity of a punishment by altering its nature. For instance, commuting a death sentence into rigorous imprisonment, which may further be converted into simple imprisonment.
- Remission – This implies reducing the duration of a punishment without altering its nature. For example, remitting a sentence of two years of rigorous imprisonment to one year of rigorous imprisonment.
- Respite – This refers to reducing a sentence originally awarded to an offender under special circumstances—such as physical disability or, in the case of women, during the period of pregnancy.
- Reprieve – This denotes placing a temporary stay on a punishment (particularly a death sentence). Its objective is to provide the offender with time to seek a pardon or to request a commutation of the sentence.
- Note : This is not the discretion of the Governor; he takes decisions in this regard on the advice of the Council of Ministers.
Comparative powers of the President and the Governor in matters of pardon
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S.No. |
President |
Governor |
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1 |
The President may grant pardon, reprieve, respite, remission, suspension, or commutation of the punishment of a person convicted of an offense under a central law. |
The Governor may pardon, reprieve, respite, remit, suspend, or commute the punishment of a person convicted under state law. |
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2 |
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3 |
The President can pardon, commute, or alter the sentence of a person convicted under a court-martial (military court). |
The Governor possesses no authority regarding the punishment of those convicted under a court-martial. |
- Article 217 states that the President shall consult the Governor of the State concerned in the matter of appointment of Judges of the High Court.
- Under Article 219, the Governor administers the oath to all the judges of the High Court.
- Under Article 233, the Governor, in consultation with the High Court, appoints, posts and promotes District Judges.
- Under Article 234, the Governor appoints judicial officers other than District Judges after consultation with the High Court and the State Public Service Commission.
Discretionary powers and privileges
- Article 163 outlines the discretionary powers of the Governor.
- Under Article 163(1), in addition to the discretionary provisions accorded to the Governor by the Constitution, there shall be a Council of Ministers to aid and advise him, with the Chief Minister as its head.
- Under Article 163(2), it falls within the Governor’s own jurisdiction to determine—in accordance with the Constitution—which actions fall within his discretionary powers and which do not. The Governor exercises his discretionary powers based on his own judgment or personal decision; he is not required to consult the Council of Ministers in this regard.
Related Constitutional Amendment
Following the 42nd Constitutional Amendment of 1976, the President was mandated to consult ministers, although the 44th Amendment of 1978 provided for a one-time return for reconsideration. However, this is not the case with the Governor. Meaning, if any question arises regarding the Governor’s discretion, his decision is final and valid.
These discretionary powers have two forms:
- Discretionary powers given by the Constitution:
- (i) Reserving for the consideration of the President any Bill presented by the State Legislature under Article 200.
- (ii) Recommending President’s rule to the President under Article 356.
- (iii) someSelf-consciousThese powers have been granted to the Governors of Assam, Nagaland, Sikkim, Mizoram, and Arunachal Pradesh. For example, the Governor of Assam has this power.Self-consciousIt has the power to spend the income from minor minerals in Assam for the development of the tribes of Assam.
- (iv) To obtain information from the Chief Minister on matters relating to the State Legislature and administration (Article 167)
- (v) Dissolution of the Legislative Assembly when the State Government is reduced to a minority (Article 174)
- Situational discretionary powers: The Governor uses these powers in the following circumstances:
- (i) In case no single party or alliance gets a clear majority in the Legislative Assembly, the Governor selects the Chief Minister at his discretion.
- (ii) The time limit given to a Chief Minister to prove his majority is determined by the Governor at his discretion.
Governor’s discretion in appointing the Chief Minister:
- Dr. Gurumukh Nihal Singh says that the Governor should use his discretion in appointing the Chief Minister keeping in mind the conventions.
- In September 2001, the Supreme Court clarified that the Governor’s discretionary powers are not unlimited.
- If the Governor appoints a person as Chief Minister who is not qualified to be a member of the Legislative Assembly, that appointment would be unconstitutional under Article 164 of the Constitution.
Dissolution of the Council of Ministers:
- In order to protect the Constitution, the Governor can dissolve the Council of Ministers under special circumstances.
- If a no-confidence motion is passed against the Council of Ministers in the Legislative Assembly and the Council of Ministers does not resign, the Governor can dismiss it.
- If the Governor is convinced that the government does not have a sufficient majority in the Legislative Assembly, and the Chief Minister refuses to summon a session, the Governor can dismiss the Council of Ministers.
- If the Chief Minister is found guilty of corruption or other serious offence and refuses to resign, the Governor can dismiss the Council of Ministers.
Criticism of the Governor’s discretionary powers
- Forceful exercise of discretion:
- The discretionary powers are exercised by the Governor in accordance with the orders of the Central Government or in the interests of the Union.
- These decisions are not independent, but are coercive.
- Biased Behavior:
- The behavior of governors is often biased, raising questions about their impartiality.
- Ajay Mukherjee’s request (1967):
- Former Chief Minister Ajay Mukherjee requested President Zakir Hussain in November 1967 to seek the opinion of the Supreme Court on the Governor’s discretion.
- However, the Union Government rejected this view and did not consider it necessary to take the matter to the Supreme Court.
Special Responsibilities – Governor
| Article | special obligations |
| Article 371 | Special responsibilities of the Governors of Maharashtra and Gujarat:Power to the Governor of Maharashtra to constitute development boards for the development of Vidarbha and Marathwada.Power to the Governor of Gujarat to constitute a Development Board for the development of Kutch and Saurashtra. |
| Article 371(A) | The Governor has the special responsibility to maintain law and order in Nagaland and to constitute a Development Council for the development of Tuensang district. |
| Article 371(B) | Assam – Administrative Setup in Tribal Areas |
| Article 371(C) | Manipur – Administrative system in the hilly areas of the state |
| Article 371(D) | Andhra Pradesh and Telangana |
| Article 371(E) | Andhra Pradesh |
| Article 371(F) | Maintaining law and order in Sikkim is the special responsibility of the Governor. |
| Article 371(G) | Mizoram |
| Article 371(H) | Maintaining law and order in Arunachal Pradesh is the special responsibility of the Governor. |
| Article 371(I) | Goa |
| Article 371(J) | Karnataka and Hyderabad region |
Other functions of the Governor:
- Coordination between the central and state governments
- Submission of reports on state administration to the President
- administration of the state government
- Protecting the interests of the Union
- Protection of national highways and communications
Comparison of the veto power of the President and the Governor
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President |
Governor |
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Relating to general bills |
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After a normal bill is passed by both houses of Parliament, it is sent to the President for his assent. He has three options in this regard:
(A)He can give his assent to the bill and it will then become an Act. (b)He can withhold his assent to the bill, then the bill will lapse and will not become an Act, (c)He may send the bill for reconsideration to the House or Houses of the State Legislature. This House must reconsider it within six months. If the bill is sent back for the President’s assent with or without some modifications, the President is not bound to grant it; he may or may not grant it. |
A typical bill is passed by the house or houses of the state legislature and presented to the governor. The governor has four options in this regard:
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About Money Bills |
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When every Finance Bill passed by the Parliament is sent to the President for assent, the President has two options.
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When any Finance Bill is passed by the State Legislature and sent to the Governor for assent, he has three options
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Thus, the President cannot return a money bill to Parliament for reconsideration. Normally, the President approves the introduction of financial bills in Parliament because they have been presented with his prior permission. When a financial bill is sent to the President for consideration by a Governor, the President has two options:
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Normally, after his prior approval, he approves a Finance Bill introduced by the Legislative Assembly. When the Governor reserves a Finance Bill for the President’s consideration, he no longer has any role in the bill’s functioning. If the President assents to the bill, it becomes an Act. This means that the Governor’s assent is no longer necessary. |
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Power to issue ordinances |
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Can issue ordinances on subjects in the Union and Concurrent Lists (Article 123) |
Can issue ordinances on subjects in the State and Concurrent Lists.(Article 213) |
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The President or the Governor must be satisfied that circumstances exist which render it necessary for him to take immediate action. |
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Governor: Agent of the Central Government or Constitutional Head of the State?
Pros: The Governor is an agent of the Central Government
- Appointment: The Governor is appointed by the President, based on the recommendation of the Central Government.
- Tenure: The Governor holds office during the pleasure of the President.
- Following the instructions of the Centre: The guidelines of the Central Government are implemented through the Governor.
- Reservation of Bills: Reserving the bills in the State List for the President’s assent.
- Recommendation for President’s Rule: Under Article 356, the Governor recommends imposition of President’s rule in the state.
- Administrative Operations: When Article 356 is implemented, the administration of the state is run by the Central Government through the Governor.
- Information on traveling abroad: According to the 2015 order, the Governor has to inform the President and the Prime Minister’s Office (PMO) before travelling abroad.
- Transfer: The Governor is transferred by the President (on the recommendation of the Union Council of Ministers).
Opposition: Governor is the constitutional head of the state/not an agent of the central government
- Constitutional Oath: The Governor takes an oath that he will be the constitutional head of the state and not an agent of the Centre.
- Constitutional powers: The Governor derives his power from the Constitution and not from the Central Government.
- Pay and Allowances: The salary and allowances of the Governor are charged on the Consolidated Fund of the State.
- Supreme Court Judgement (1979): The court clarified that the office of the Governor in the state is an independent constitutional office and is neither subordinate to the Central Government nor is it an employment under the Central Government.
- BP Singhal vs Union of India (2010): The Supreme Court, while explaining the term of office during the pleasure of the President, said that the Governor cannot be removed without any valid reason or on political grounds.
Issues related to the Governor
- Rehabilitation appointments: The post of Governor is being seen as a retirement package for politically loyal leaders.
- Arbitrary deletion: The cases of removal of governors before the end of their tenure have increased in recent times.
- Misuse of Discretionary Powers: The discretionary powers of the Governor are misused in inviting the largest party/coalition to form the government.
- Abuse of position: The post of Governor has been used by the ruling party at the Centre for its own benefit.
- Partisan role: Governors have been accused of working in favour of the ruling party and violating the model code of conduct.
- Abuse of power under Article 356: This power has been misused by the Central Government in imposing President’s rule in the states on the pretext of constitutional crisis.
- A mere rubber stamp or puppet: The aid and advice of the Council of Ministers is binding on the Governor, thereby limiting his independence.
Constitutional position of the Governor
- Article 154 – The executive power of the state shall be vested in the Governor, who shall exercise it either directly or through officers subordinate to him.
- Article 163 – In carrying out his other functions apart from his discretionary functions, the Governor has to take advice from the Council of Ministers headed by the Chief Minister.
- As the head of the executive, the Governor plays a dual role –
- As head of state, and
- As a representative of the Central Government, he acts as a link between the Centre and the State.
- The governor also serves as the federal representative of the state in certain circumstances. In reality, the governor serves as the head of state, not as the federal representative.
- The Supreme Court held in 1979 that the Governor is not an employment under the Central Government, but an independent constitutional office.
Various statements regarding the Governor
- Sarojini Naidu– He is like a bird locked in a golden cage.
- Shri Prakash– He has no authority except to sign in the missing space.
- Smt. Vijayalakshmi Pandit– ‘It is not because of the position but because of the attraction of salary that a person accepts to become a Governor.’
- Dr. Pattabhi Sitaramayya –‘The post of Governor is for hospitality and giving a fortnightly report to the President.
Major committees related to the post of Governor and their recommendations:
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Name of the Committee/Commission |
Formation and Chairmanship |
Key recommendations |
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First Administrative Reforms Commission (1966) |
Formation: January 5, 1966. Initially, it was chaired by Morarji Desai; later, K. Hanumanthaiya became its Chairman. |
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Rajamannar Commission (1969) |
Formation: Constituted by the Government of Tamil Nadu. |
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Bhagwan Sahai Committee (1970) |
Formation: Constituted by the President. |
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Sarkaria Commission (1983) |
Formation: Constituted by the Central Government. |
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- The First Administrative Reforms Commission was established on January 5, 1966. The Commission was initially chaired by Morarji Desai; subsequently, when Desai became the Deputy Prime Minister of India, K. Hanumanthaiya became its Chairman.
- The Second Administrative Reforms Commission (ARC) was constituted as a Commission of Inquiry on August 31, 2005, under the chairmanship of Veerappa Moily.
