Governors of States

The Governor is a key figure in Indian state government, acting as the central government’s representative and playing a ceremonial and constitutional role similar to the President. Appointed by the President, the Governor holds a dual role in executive power and legislation within a state, while also having a hand in financial and judicial matters, which shows the importance of role of governor in the state administration. In this article, you will learn about the post of Governor of India, including function, appointment, and powers of governor in India, all of which are very important topic for GS Paper-2 Polity & Governance of UPSC CSE Exam. To explore more interesting UPSC Polity concepts similar to Governor of India, check out other articles of IASToppers. 

Table of Content

• Who is Governor of State in India?
• Appointment of Governor
• Reasons behind adopting the current system of appointment for governor
• Eligibility Criteria for Governor
• Conditions of the Governor’s office
• Removal of State Governor
• Powers of State Governor
• Discretionary powers of governor
• Constitutional Position of Governor
• Immunity given to Government’s position
• Concerns regarding the role of governor
• Suggestions for improving Governor’s office
• Conclusion

Who is Governor of State in India?

• Sections 153 – 167 in Part VI outline the composition of the state’s executive branch.
  • State’s executive branch includes the governor, chief minister, state ministers’ council, and the state’s advocate general.
• Though the governor serves as the state’s principal executive authority, their role is primarily ceremonial or constitutional, similar to the president.
• Governor, an important part of the state legislature, functions as a representative of the central government, giving their position a dual purpose.
• Generally, each state has its own governor, but the 7^th Constitutional Amendment Act of 1956 made it possible for a single individual to be appointed as the governor for multiple states.
• Unlike the central level, where there is a Vice-President, states do not have a vice-governor position.
• Sarojini Naidu was the first woman governor of an Indian state (Uttar Pradesh).
• William Bentinck was first governor general of India in 1833.
• Chakravarti Rajagopalachari was the first and last Governor-General of Independent India from June 1948 to 26^th January 1950. 
• One can find list of all the current chief minister (CM) and governors of all 28 states of India on official website of Indian Government.

Appointment of Governor

• Governor is appointed by the President and holds his office at the pleasure of the President.
• The normal term of office is five years.
• President can reassign a governor from one state to another for the remainder of their term.
• A governor whose term has ended may be reappointed to the same state or a different one.
• If a governor’s five-year term concludes, they may continue in office until their replacement takes over.
• In situations not covered by the Constitution, such as the passing of a sitting governor, the President can make appropriate arrangements for the fulfilment of the governor’s duties.

Reasons behind adopting the current system of appointment for governor

The Draft Constitution proposed that governors be elected directly through universal adult suffrage. However, due to below reasons, the Constituent Assembly decided on the current system where the president appoints the governor:

• Directly electing a governor conflict with the established parliamentary system within the states.
• Direct elections may result in increased tension between the governor and the chief minister.
• As the governor serves mainly as a symbolic head, it is unnecessary to implement complex election procedures and incur significant expenses.
• Governor elections would likely focus on individual matters, making it unwise to involve a large number of voters in the process.
• An elected governor would likely have partisan affiliations, hindering their ability to remain impartial.
• Electing governors could foster separatist sentiments and jeopardize the nation’s political stability and unity.
• The presidential appointment system allows the central government to maintain control over states.
• Directly electing a governor could lead to leadership issues during a state’s general election.
• The chief minister may prefer their own candidate for governorship, resulting in a less qualified individual from the ruling party being elected as governor.

As a result, the Constituent Assembly rejected the American model of direct elections for state governors and embraced the Canadian model, where a province’s (state’s) governor is appointed by the Governor-General (central government).

Eligibility Criteria for Governor

Article 157 and Article 158 of the Constitution of India specify eligibility requirements for the post of governor:

• Must be a citizen of India.
• Must have minimum 35 years of age.

Conditions of the governor’s office

• Must not be a member of the Legislature of the Union or of any other state.
• Must not hold any other office of profit.
• Is entitled without payment of rent to the use of his official residence (the Raj Bhavan).
• Is entitled to such emoluments, allowances and privileges as may be determined by Parliament.
• When the same person is appointed as the governor of two or more states, the emoluments and allowances payable to him are shared by the states in such proportion as determined by the president.
• His emoluments and allowances cannot be diminished during his term of office.

Removal of State Governor

• No provision of impeachment of governor.
• Governor of a state can be removed if he resigns at any point by submitting a resignation letter to the President.
• President can remove a Governor of a state from office without giving him or her any reason, andwithout granting an opportunity to be heard.

Powers of State Governor

The executive, legislative, financial and judicial powers held by a governor encompasses various domains, similar to the Indian President’s capacities. Despite this, the governor does not possess powers related to diplomacy, military, or emergencies.

Legislative (affiliated with ordinance making and State Legislature):

• Can summon, prorogue, defer or dissolve the State Legislative Assembly.
• Has the power to nominate 1/6^th of the State Legislative Council.
• Can nominate a member of the Anglo-Indian community to Legislative Assembly of State.
• Inaugurates the State Legislature at the first session every year.
• Lays reports of State Finance Commission, State Public Service Commission and Comptroller and Auditor General relating to the account of the State in the Legislative Assembly.
• Article 200: Can assent, withhold assent, return for reconsideration, or reserve for President’s consideration any Bill. But if the Vidhan Sabha send back a returned Bill to him the second time, then he has to sign it.
• Article 213: Can promulgate an ordinance when the Legislative Assembly of the State is not in session.
• If Speaker and Deputy Speaker positions are absent, the governor can designate a member from the State Legislative Assembly to oversee its activities.
  • Likewise, when the Chairman and Deputy Chairman roles in the state legislature council are vacant, the governor can appoint a council member to manage its operations.
• In collaboration with the Election Commission, he can determine the eligibility of members within the state legislature, settling any questions related to disqualification.

Executive Powers (affiliated with administrative appointments and discharge):

• Article 154: Executive power of the State is vested with Governor who can exercise them through directly or indirectly through subordinate officers.
• Article 164: He can appoint the Chief Minister of the State, and upon the Chief Minister’s recommendation, the appointment of other ministers.
• Can appoint the Advocate General of the State, State Election Commissioners and the chairman and members of the State Public Service Commission.
  • However, he cannot remove the members of the State Public Service Commission as they can only be removed by an order of the President.
• In States with bicameral legislature, the Governor can further nominate to the Legislative Council persons with special knowledge in matters of literature, art etc.
• Can establish guidelines to facilitate efficient management of state government affairs and to distribute responsibilities among the ministers.
• Can request information on state administration and legislative proposals from the head of government.
• Can advice president to declare a constitutional emergency in the state when necessary.
• Serving as the head of state universities and overseeing the appointment of university vice-chancellors.

Financial Powers (authority over the state budget and money bills):

• Can constitutes the Finance Commission to oversee financial positions of Panchayats and Municipalities.
• In case of unforeseen circumstances, he can make advances out of the State Contingency Fund.
• A prior recommendation of the Governor is necessary before the introduction of any Money Bill or Demands for Grant.
• Ensures that the annual financial statement or State Budget is laid before the State Legislature.
• A demand for a grant can only be made after his recommendation.

Judicial Powers (affiliated with power to grant pardons and respites)

• Article 161: Can grant pardons, reprieves, respites or remission of punishments of those convicted of an offence to which the executive power of the State extends.
• Governor is consulted by the President, as well as the Chief Justice of India, in the appointment of the Chief Justice to the High Court.
• In consultation with the state high court, he can appoint, post and promote district judges.
• Can select individuals for the state’s judicial positions (excluding district judges), in consultation with both the state high court and the State Public Service Commission.

Discretionary powers of governor

• Discretion means freedom to act according to one’s own judgement.

Constitutional discretion (mention in Indian Constitution):

• Recommendation for the imposition of the President’s Rule in the state.
• While acting as the administrator of an adjoining union territory (in case of additional charge).
• Reservation of a bill for the consideration of the President.
• Determining the amount payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration.
• Seeking information from the chief minister with regard to the administrative and legislative matters of the state.

Situational discretion of governor

• When no party gets a clear majority, the governor has discretion to choose a candidate for chief minister who will put together a majority coalition as soon as possible.
• Dismissal of the council of ministers when it cannot prove the confidence of the state legislative assembly.
• Dissolution of the state legislative assembly if the council of ministers has lost its majority.

Further, governor has certain special responsibilities to discharge as per the directions issued by the President. In this context, although the governor has to consult the council of ministers led by the chief minister, he acts finally on his discretion while-

• Establishing separate development boards for Vidarbha and Marathwada in Maharashtra Saurashtra and Kutch in Gujarat and Hyderabad-Karnataka region in Karnataka.
• With respect to law and order in the state for so long as the internal disturbance in the Naga Hills–Tuensang Area continues.
• With respect to the administration of tribal areas of Assam.
• With respect to law-and-order of Arunachala Pradesh.
• Regarding the administration of the hill areas in Manipur.
• For peace and for ensuring social and economic advancement of the different sections of the population in Sikkim.

Constitutional Position of Governor

The role of a governor within the constitution diverges from the president’s role in two key aspects:

• The constitution allows for instances where the governor may exercise their discretion, but there is no equivalent provision for the president.
• Following the 42^nd Constitutional Amendment in 1976, the president is obligated to follow ministerial advice, whereas no such requirement has been established for governors.

Immunity given to Government’s position

• He possesses individual protection against legal accountability for actions taken in his official capacity.
• While serving in his position, he is immune from criminal prosecution, including his actions of a personal nature. He cannot be detained or incarcerated. But civil lawsuits may be initiated against him during his tenure after a 2-month notice.
• The oath of office for the governor is administered by the presiding Chief Justice of the relevant High Court.

Concerns regarding the role of governor

Selection of Governor:

• According to Article 155, a governor should be appointed, rather than elected, from individuals possessing high standing and prominence in the public sphere.
• State governments are not involved in the appointment of governors.
• Successive governments have used this constitutional role to accommodate loyal politicians and cooperative civil servants who are approaching retirement.

Review of bills by the President:

• Under Article 200, the governor can reserve specific bills passed by the State Legislature for the President’s review.
• The President has the authority to approve or request the bill be sent back to the state legislature for reconsideration, with his observations.
• Although this provision intends to maintain central government oversight of legislation for the nation’s best interest, it has been misused for political gain through the governor’s office.

Misapplication of Article 356:

• Article 356 allows for a state emergency or President’s rule when the President deems the state government is not operating according to constitutional provisions, based on a report from the governor or other information.
• Such an emergency can last for six months and be extended.
• Ambedkar, during the Constituent Assembly, stressed that Article 356 should only be used as a last resort, hoping it would remain a “dead letter.”

Unclear constitutional provisions:

• The Constitution fails to outline the basis on which a Governor might refuse to approve a Bill.

Absence of a solution:

• The courts have generally agreed that if the Governor declines to give consent, the Bill will be discarded, rendering the entire legislative process pointless.
• This is inconsistent with the well-established practices in older and more developed democracies.

No established timeframe:

• The Constitution does not set a deadline for the Governor to make a decision on granting consent, allowing for indefinite inaction.

Unspecified communication protocol:

• The Constitution does not outline any guidelines for open engagement between the Governor and the state in situations where differing viewpoints arise.

Governor dismissal:

• Article 156 states that the governor serves at the President’s pleasure for a term of five years.
• The President follows the advice of the Council of Ministers, as outlined in Article 74.
• As a result, the central government controls the appointment and removal of governors.
• Governors often lack job security and a fixed term, as seen by the frequent replacement of state governors when a new central government comes to power.

Appointing and dismissing the Chief Minister:

• The governor is responsible for appointing the Chief Minister, other ministers, Advocate General, and the Chairpersons and members of the State Public Service Commission.
• After state elections, the largest party is typically invited to form a government.
• However, this convention has been disregarded on multiple occasions at the governor’s discretion, such as during the 2018 Karnataka hung assembly elections.

Suggestions for improving Governor’s office

• Administrative Reforms Commission (1969): It suggested that impartial individuals with extensive experience in public life and administration should be appointed as State Governors.
• Sarkaria Commission Report (1988): It advised that Governors has to be unbiased individuals, free from strong political ties or recent political activities. They should not be dismissed before finishing their five-year term unless in exceptional and pressing situations. There should be involvement of State Government in removal process before the end of the. Misuse of Article 356 should be avoided.
• SR Bommai vs. Union of India (1994): This case emphasized the need to restrict the Governor’s power to dissolve state governments under Article 356 of the Constitution. The ruling party’s majority should be assessed solely in the legislative assembly, rather than being influenced by the Governor’s personal opinion.
• Venkatachaliah Commission (2002): It recommended entrusting the selection of Governors to a panel consisting of the prime minister, the home minister, the Lok Sabha speaker, and the relevant state’s chief minister. Before dismissing a Governor prior to their term’s end, the central government should consult with the Chief Minister.
• Rameshwar Prasad Case (2006): The Supreme Court decided that Governors should not base decisions on their own assessments when evaluating the legitimacy of President’s Rule and Assembly dissolution in Bihar in 2005.
• Punchhi Commission (2010): It proposed eliminating the phrase “during the pleasure of the President” from the Constitution, making it so that a Governor can only be removed through a resolution approved by the state legislature. It reiterated the recommendation of the Sarkaria Commission on appointment of Governors and stated that governors should not be given the position of chancellor of universities. Amendments to Article 355 and 356 should be made to enable Government to assume control over specific troubled areas within a state for a limited period, instead of imposing its rule over the entire state.
• BP Singhal vs Union of India (2010): The Supreme Court ruled that the President’s authority to dismiss a Governor without providing reasons should not be exercised in an arbitrary, whimsical, or irrational manner.
• Nabam Rebia Case (2016): Supreme Court held that a Governor cannot employ his ‘discretion’, and should strictly abide by the “aid and advice” of the Cabinet to summon the House.  The judgment, however, also held that if the governor has reasons to believe the council of ministers has lost the confidence of the House, he can ask the chief minister to prove the majority. Here, the governor’s power is only to call for a floor test to determine the majority.

Conclusion

The power and function of the governor of a state in India is a blend of ceremonial, executive, and constitutional roles, bridging the gap between central and state governments. Such responsibilities of state governor are significant in maintaining the balance between the central and state governments.

However, the current system has been subject to controversies and political manipulations. To ensure a more stable and impartial governance system, it is important to implement reforms in the appointment, powers, and removal of governors, based on the recommendations of various commissions and judicial rulings. This will help strengthen India’s federal structure and promote better cooperation between the central and state governments.

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