The Governor's Powers in India: A Brief Overview
A Governor is an appointed public official who serves as the ceremonial and constitutional head of a state in a federal system of government, such as India or the United States. The Governor is appointed by the President or the monarch (in countries with a monarch as the head of state) and serves as the President's or the monarch's representative. The Governor's role and responsibilities vary depending on the country's Constitution and laws but generally include powers related to the state's legislative, executive, and judiciary branches.
The Constitution of India contains several provisions related to the role and powers of the Governor of a state, including:
- Appointment (Article 155): The President of India appointed the Governor.
- Qualifications (Article 157): The Governor must be a citizen of India and have completed 35 years of age.
- Term (Article 156): The Governor holds office for five years and can be reappointed for another term.
- Oath or affirmation (Article 159): The Governor must take an oath or affirmation before entering the duties of the office.
- Executive powers (Article 163): The Governor has certain executive powers related to the appointment and removal of the CM and other ministers, the administration of the oath of office, the appointment of high court judges, and the promulgation of ordinances.
- Legislative powers (Articles 167, 200, 201, 202, and 207): The Governor has certain legislative powers related to the summoning and prorogation of the state legislature, the addressing of the legislature, the giving of assent to bills passed by the legislature, and the power to reserve bills for the consideration of the President.
- Judicial powers (Articles 214-217): The Governor has certain judicial powers related to the appointment of district judges and the power to grant pardons, reprieves, and commutations of sentences.
- Emergency powers (Article 356): The Governor has certain emergency powers related to the imposition of the President's Rule in the state in case of a breakdown of constitutional machinery.
- Discretionary powers (Articles 163, 174, and 200): The Governor has certain discretionary powers related to appointing the Chief Minister in case of a hung assembly, the dismissal of a government in certain circumstances, and the dissolution of the state legislature.
Overall, the Governor plays a significant role in the functioning of the state government and acts as the representative of the President at the state level.
What is the constitutional power of the State Governor?
Here are some of the constitutional powers of the Governor of a state in India, along with the relevant articles of the Constitution:
- Executive powers:
- The power to appoint the Chief Minister of the state (Article 164(1))
- The power to appoint other ministers on the advice of the Chief Minister (Article 164(1))
- The power to remove any minister on the advice of the Chief Minister (Article 164(3))
- The power to appoint the Advocate General of the state (Article 165)
- The power to appoint the state election commissioner (Article 243K)
- Legislative powers:
- The power to summon, prorogue, and dissolve the state legislative assembly (Article 174)
- The power to address the state legislative assembly (Article 175)
- The power to nominate one-sixth of the members of the state legislative council (Article 171)
- The power to give assent to bills passed by the state legislature (Article 200)
- The power to reserve bills for the consideration of the President (Article 200)
- Judicial powers:
- The power to appoint district judges in consultation with the high court (Article 233)
- The power to grant pardons, reprieves, and commutations of a sentence (Article 161)
- Emergency powers:
- The power to report to the President about the failure of constitutional machinery in the state (Article 356)
- Discretionary powers:
- The power to invite a party or coalition to form the government in case of a hung assembly (Sarkaria Commission guidelines)
- The power to dismiss a government in certain circumstances (S. R. Bommai case guidelines)
- The power to dissolve the state legislative assembly in certain circumstances (Article 174)
These powers may vary depending on the specific provisions of each state's Constitution. The Governor is expected to exercise these powers in consultation with the Council of Ministers and other constitutional authorities.
Limitations of Governor Powers in India:
The Governor is the constitutional head of a state and is appointed by the President of India. The Governor is a significant authority in the state, but there are certain limitations to the Governor's powers. Here are some of the limitations of Governor powers in India:
- Limited Executive Powers: The Governor is not the real executive head of the state, and most executive powers are vested with the Council of Ministers headed by the Chief Minister.
- Constitutional Restrictions: The Constitution of India imposes several restrictions on the Governor's powers. The Governor cannot act independently and must act in accordance with the advice of the Council of Ministers.
- Limited Legislative Powers: The Governor has a limited role in the legislative process. While the Governor can summon and prorogue the State Legislature and give assent to bills passed by the State Legislature, the Governor cannot initiate legislation.
- No Emergency Powers: Unlike the President of India, the Governor has no powers to promulgate ordinances or take extraordinary measures during a state of emergency.
- Limited Role in Judiciary: The Governor has no role in appointing judges to the High Court or the subordinate courts. After consulting with the High Court, the Governor can only appoint judges to the District and Sessions Courts.
- Limited Role in Finance: The Governor has no control over the state's finances. The Finance Commission, an independent body appointed by the President of India, controls the state's finances.
In summary, while the Governor is an important authority in the state, the Governor's powers are limited by the Constitution and by the fact that most executive and legislative powers are vested with the Council of Ministers headed by the Chief Minister.
Landmark judgments on Governor Powers in India:
Over the years, there have been several landmark judgments on the powers of the Governor in India. Here are a few of them:
- Shamsher Singh v. State of Punjab (1974): In this case, the Supreme Court held that the Governor's powers to grant pardons, reprieves, respites, or remissions of punishment are not absolute and are subject to judicial review.
- S.R. Bommai v. Union of India (1994): In this case, the SC held that the Governor's power to dismiss a democratically elected government is not absolute and is subject to judicial review. The court also held that the Governor must have a "reason to believe" that the government has lost its majority in the Legislative Assembly before recommending its dismissal.
- Rameshwar Prasad v. Union of India (2006): In this case, the Supreme Court held that the Governor's power to dissolve the State Assembly before the end of its term is subject to judicial review and can be challenged in a court of law.
- Nabam Rebia & Bamang Felix v. Deputy Speaker (2016): In this case, the SC held that the Governor's power to advance the date of the assembly session is not absolute and is subject to judicial review. The court also held that the Governor's discretion in such matters must be exercised in accordance with the Constitution and the principles of democratic governance.
- State of Uttarakhand v. Union of India (2016): In this case, the SC held that the Governor's power to issue ordinances is not absolute and is subject to judicial review. The court also held that the Governor must satisfy himself that circumstances require the promulgation of an ordinance and that the ordinance must not violate the Constitution.
These are just a few examples of the many landmark judgments on the powers of the Governor in India. These judgments have helped to define and clarify the scope of the Governor's powers and have played an essential role in maintaining the balance of power between the executive, legislative, and judicial branches of government.
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