Powers and Functions of Governor

Just as the executive power of the Center is vested in the President, similarly the executive power of the State is vested in the Governor. Following are the powers and functions of the Governor:-

            1. Executive Powers

            2. Legislative Powers

            3. Power to issue ordinances

            4. Financial Rights

            5. Judicial Powers

            6. Privilege

1. Executive Powers:- According to Article 154, the executive powers with the Governor are as follows:-

    a) The governor is the head of the administration of the state government and exercises the executive power of the state through officers subordinate to him. He makes rules regarding the functioning of the government and divides the work among the ministers.

    b) How the Governor appoints the Chief Minister and the members of his Council of Ministers and administers them the oath of office and secrecy.

    c) The Governor appoints the high officials of the State such as the Advocate General, the Chairman and members of the State Public Service Commission and advises the President regarding the appointment of the Judges of the High Court of the State.

    d) It is the right of the Governor to obtain information from the Chief Minister regarding the administration of the State.

    e) When the administration of the state cannot be carried out according to the constitutional machinery, the Governor recommends to the President the imposition of President's rule in the state. When President's rule is imposed in the state, the governor runs the administration of the state as the superintendent of the central government.

    f) The Governor is the Chancellor of the State Universities and also appoints the Deputy Chancellors.

2. Legislative Powers:- Article 174 gives legislative powers to the Governor. The Governor is an integral part of the State Legislature and has the following powers in relation to the Legislature:-

    a) He can summon, adjourn the session of the State Legislature and dissolve the State Legislative Assembly.

    b) If a question of the qualification of a member of the State Legislative Assembly arises, the dispute regarding qualification shall be determined by the Governor in consultation with the Election Commission.

    c) He addresses the first session of the Legislature beginning after the general general election and the first of every year and can send his message to the Houses.

    d) He signs a bill passed by the State Legislature and after the Governor's signature, the Bill enters into force as an Act.

    e) A Money Bill can be introduced in the State Legislative Assembly only when the Governor has given his assent to introduce the Bill.

    f) The Governor can send a Bill other than a Money Bill to the State Legislature for reconsideration and he is bound to give his assent to the Bill when the State Legislature passes it.

    g) The annual reports of various commissions, higher and autonomous institutions are submitted to the Governor and he presents them before the State Legislative Assembly for consideration.

    h) The Governor may reserve certain types of MLAs for the consideration of the President, such as:- i) Bills relating to compulsory acquisition of personal property,

            ii) the Bill relating to the reduction of the jurisdiction of the High Court,

            iii) a Bill relating to the taxation of a commodity declared essential under a law made by Parliament,

            iv) Bills relating to subjects mentioned in the Concurrent List (when there is a possibility of conflict with a law made by Parliament)

            v) any other Bill likely to cause dispute with the Central Government or the Government of other States

3. Power to issue ordinances: - According to Article 213, when the State Legislature or the State Legislative Assembly is not in session and it is necessary to make laws on any of the matters mentioned in the State List contained in the Seventh Schedule of the Constitution, the Governor on the advice of the Council of Ministers can issue an ordinance.

The Ordinance so issued remains effective only for 6 months and if the State Legislature or State Legislature is in session before the expiry of the period of 6 months, the Ordinance must be approved by the Legislature or Vidhan Sabha within 6 weeks and if If not approved within 6 weeks, the ordinance will become ineffective.

4. Financial Powers:- The following powers have been provided to the Governor by the Constitution

        a) According to Article 161(1), a Money Bill cannot be introduced in the State Legislative Assembly without the recommendation of the Governor.

        b) According to Article 203(3), expenditure from the Contingency Fund of the State cannot be done without the permission of the Governor.

        c) According to Article 202, the Governor through the Finance Minister of the State presents the annual budget of the State in the State Legislative Assembly.

        d) Any kind of demand for grants or proposal for taxes is introduced in the Legislative Assembly only with the approval of the Governor.

5. Judicial Powers:- The following are the judicial powers of the Governor--

        a) According to Article 233, the Governor decides on matters relating to the appointment, transfer and promotion of District Judges and other judicial officers. (The Governor exercises this power in consultation with the High Court)

        b) According to Article 161, the Governor has the power to pardon or suspend or delay the offenses convicted by the Court. (but this power may be exercised by him to the extent to which the executive power of the State extends)

6. Privileges:- The following special powers have been given to the Governor by the Constitution--

    a) Appointment of Chief Minister :- According to Article 161 the Chief Minister is appointed by the Governor.

Generally, the Governor appoints the Chief Minister who is the leader of the majority party in the Legislative Assembly or who has the support of several parties to get the majority.

    b) Appointment of the Council of Ministers:- The Governor also appoints other members of the Council of Ministers on the advice of the Chief Minister.

    c) Dissolution of the Council of Ministers:- The Governor has the power to dissolve the Council of Ministers. The Governor can dissolve the Council of Ministers in the following situations------

            i) When the Governor is convinced that the Council of Ministers no longer has a majority in the Legislative Assembly

            ii) When the Assembly passes a no-confidence motion against the Council of Ministers and the Council of Ministers does not resign

            iii) When the Council of Ministers is not functioning as per the provisions of the Constitution or the policies of the Council of Ministers are likely to cause harm to the nation or there is a possibility of conflict with the Center

            iv) When an independent tribunal has found the Chief Minister to be indulging in corruption after an inquiry

    d) Calling a session of the Legislative Assembly:- The Governor calls the meeting of the Legislative Assembly on the advice of the Chief Minister, but if extraordinary circumstances arise, the Governor can forget the special session of the Legislative Assembly.

    e) Dissolution of the Legislative Assembly:- Normally the Governor dissolves the Assembly only on the advice of the Chief Minister, but in some special circumstances he can dissolve the Assembly without the advice of the Chief Minister.

    f) Permitting Chief Minister to be prosecuted:- The Governor may allow legal proceedings to be taken against a serving or former Chief Minister if he is involved in corruption or in any conspiracy or criminal act.