Governors

Governors

The Governors is the head of the State and holds a high
constitutional office which carries with it important
constitutional functions and duties and he cannot be regarded
as an employee or servant of the Government of India.

Appointment & Removal

• By the President
• Common Governor for 2 or
  more states allowed

Qualification

• Age – 35 years
• Citizen of India

Suggestions to Ensure Independence

• He should be eminent in some walk of life
• He should be a person from outside the State
• He should be a detached figure and not too intimately
  connected with the local politics of the States; and
• He should be a person who has not taken too great a part
  in politics generally and particularly in the recent past.
• Tenure should be fixed: Removal only through a
  procedure (preferably impeachment)

Conditions of Governor’s Office:

• He shall not be MP/MLA/MLC
• He should not hold any other office of profit.
• His emoluments and allowances cannot be diminished
  during his term of office

Article 163

(1) There shall be a Council of Ministers with the Chief
Minister at the head to aid and advise the Governor in the
exercise of his functions, except in so far as he is by or
under this Constitution required to exercise his functions
or any of them in his discretion

(2) If any question arises whether any matter is or is not a
matter as respects which the Governor is by or under this
Constitution required to act in his discretion, the decision
of the Governor in his discretion shall be final, and the
validity of anything done by the Governor shall not be
called in question on the ground that he ought or ought
not to have acted in his discretion.

Appointment of CM in case of Hung
Assembly

1. The party/combination of parties which commands the
   widest support in the Legislative Assembly
2. Pre-poll alliance/coalition, it should be treated as one
   political party and if such coalition obtains a majority
3. In case no party or pre-poll coalition has a clear majority, the
   Governor should select the Chief Minister in the order of
   preference indicated below:
   a) group of parties which had pre-poll alliance with largest number;
   b) largest single party with the support of others;
   c) a post-electoral coalition with all partners joining the government;
   d) a post-electoral alliance with some parties joining the government
   and the remaining including independents supporting the
   government from outside

Powers & Functions

Administrative Powers

• He can recommend the imposition of President’s Rule in a
  state to the President.
• He acts as the chancellor of universities in the state.

Legislative Powers

• He nominates 1/6th of the members of the SLC from
  amongst persons having special knowledge or practical
  experience in literature, science, art, cooperative
  movement and social service.
• Ordinances (Art 213)

Ordinances (Art 213)

• Promulgated by Governor when either House is not in
  session.
• However, following ordinances cannot be promulgated
  without President’s instruction:
  vIf a Bill otherwise requires previous sanction of the President;
  vIf the Governor would have deemed it necessary to reserve a Bill
  for the consideration of the President; or
  vA similar Act by Legislature would have required President’s
  consent to be held valid

Veto Power

• Absolute veto
• Pocket veto
• Suspensive veto
• Referential veto: Can
  reserve the bill for the
  consideration of the
  president

Referential Veto

President can:

• give his assent to the bill, or
• withhold his assent to the bill, or
• return the bill (if it is not a money bill) for
  reconsideration of the state legislature.
• It is not obligatory for the President to give his assent
  even if the bill is again passed by the state legislature
  and sent again to him for his consideration

Referential Veto: Conditions

• Bill derogate from the powers of the High Court as to
  endanger its position
• Bill is ultra vires the Constitution.
• Bill deals with compulsory acquisition of property (Art 31A)
• Bill is opposed to the Directive Principles of State Policy.
• Bill is against the larger interest of the country.
• Bill is of grave national importance

Judicial Powers

• He is consulted by the president while appointing the judges
  of the concerned state high court.
• He makes appointments, postings and promotions of the
  district judges in consultation with the state high court.

Clemency Powers

• He cannot pardon a death sentence.
• He cannot use his clemency powers w.r.t.
  punishment or sentence by a court-martial.

Special responsibility w.r.t. various states:

• Art 371: Maharashtra & Gujarat — Establishment
  of separate development boards for Vidarbha,
  Marathwada, Saurashtra and Kutch
• Art 371A: Nagaland — With respect to law and
  order in the state for so long as the internal
  disturbance in the Naga Hills–Tuensang Area
  continues.
• Schedule VI Areas – Assam, Mizoram, Meghalaya,
  Tripura
• Art 371C: Manipur — Regarding the
  administration of the hill areas in the state.
• Art 371F: Sikkim — For peace and for ensuring
  social and economic advancement of the different
  sections of the population.
• Art 371H: Arunachal Pradesh — With respect to
  law and order in the state
• Art 371J: Karnataka – Establishment of a
  separate development board for HyderabadKarnataka region

Constitutional position: Explicit Powers

• Referential Veto
• While exercising his functions as the administrator of an
  adjoining union territory
• Special responsibility w.r.t. various states
• Art 167: Duty of CM to furnish information

Constitutional position: Implicit Powers

• Sending report under Art 356 to impose President’s Rule
• Selecting CM in hung assembly
• Dismissal of the council of ministers when it cannot prove
  the confidence of the state legislative assembly.
• Dissolution of the state legislative assembly if no party
  can form the government.