There is a head of the family, there is a head of the Nation. Is there a head of the State as well? Connecting the dots, we are going to discuss the Governor, the Executive Head of the State under Indian Constitution. The Constitutional position of the Governor is described under Chapter 2 of the Constitution of India – Articles 153 to 162. While we may point towards the extent of powers and functions of a Governor, the practical picture is a bit different. Political appointments of Governors has led to discussions over the position of the State Executive becoming a laughing stock. More or less, it has become a practice that with change of Governments, Governors of the State are also replaced with the leaders from the ruling party. To understand that, let’s dive into what the Constitution holds for the State Executive.
Governor – Executive Head of the State under Indian Constitution
Article 153 of the Constitution of India provides that “There shall be a Governor for each State”. The proviso to the said Article also lays that the said Governor could be appointed as the Governor/State Executive of two or more States.
Who can be appointed as a Governor?
Article 157 of the Constitution lays the qualification for the Governor of the State. It states that a person should be a Citizen of India and should have completed the age of 35 years to be appointed as a Governor. Any person appointed or discharging the functions of Governor has to make and subscribe an oath or affirmation in the format provided.
Further requirements under Article 158 reflect that the Governor should not be a member of the Legislature or the Parliament, thus, those having the membership have to resign from their posts to be appointed as a Governor. In addition, a person to be appointed as a Governor cannot hold any office of profit.
Who appoints the Governor of the State?
As laid under Article 155 of the Indian Constitution, the State Executive – Governor is appointed by the President under Constitution of India. The provision states that the appointment is made by the President ‘by warrant under his hand and seal’, the same is made on recommendation of the Central Government.
What are the powers and functions of the Governor?
Article 154 of the Constitution vests the Governor of State with the executive powers. The said powers may be exercised by the Governor either directly, or through subordinate officers as per the Constitution. All executive actions of the Governor are expressed to be taken in the name of Governor only.
Also read – Article 14 of Indian Constitution
Powers of Governor
- All Executive actions of the State Government are expressed to be taken in the name of the Governor.
- The Governor is also empowered to grant pardons, reprieves, etc. as per Article 161 of the Constitution.
- The Governor appoints the Chief Minister, other Ministers and the Advocate General for the State.
- The District Judges and other Judges of Subordinate Judges Courts in the State are appointed by the Governor in consultation with the High Court so concerned.
Functions of Governor
- The Governor being part of the Executive Head of the State under the Indian Constitution, acts as a representative of the Union in the State.
- The Governor may exercise his functions with the aid and advice of the Council of Ministers with the Chief Minister of the State. There is an exception in cases when the Governor is by or under the Constitution required to exercise certain functions on his discretion.
- The Governor shall summon and prorogue the House and dissolve the Legislative Assembly from time to time. He may also address the Legislative Assembly and send messages.
- The Governor may assent to, withhold or reserve for consideration of the Bill passed by the Legislative Assembly. He/She may also promulgate the ordinances under specific circumstances.
- Demands of grant for the State are only made on the recommendation of the Governor.
- The Chairman and other members of the State Public Service Commission (SPSC) are appointed by the Governor of the State.
- The Governor has to make rules for more convenient transactions of business of the State Government and allocation among Ministers of said business so far as it is not a business w.r.t. which the Governor is required to act in his discretion as per the Constitution.
- Article 160 of the Constitution empowers the President to make requisite provisions for discharge of functions of the Governor of State in case of any contingency.
Terms of office of the Governor
The Governor holds the office for a term of 5 years from the date on which he enters the office. He/She may continue to hold the office until his successor enters upon his office. As per Article 156 of the Constitution, the Governor holds the office during the pleasure of the President. He/She may also resign from the office of Governor by writing, addressed to the President.
