The Governor is needed for the Chief Minister not to become unbridled . That is to say that the powers of the Governor are so much that he can stop the Chief Minister from becoming unruly.
The governor acts as the constitutional head of the state and bears the responsibility of upholding and maintaining the constitution within the state.
In this article, we will discuss the powers and functions of the Governor in a simple and easy way and try to understand its various important aspects. so read this article till the end and also read related articles to understand the concept better, links given below;
|Central Council of Ministers||Hindi||English|
|Governor in India||Hindi||English|
|Chief Minister of Indian States||Hindi||English|
|President of India||Hindi||English|
Functions and Powers of Governor
The Governor is a body like the President, so there are many similarities between the two. Similarities in the sense that what the President does at the central level, more or less the same work is done by the Governor at the state level. So let us explore the powers of the Governor.
The Governor enjoys executive, legislative, financial and judicial powers similar to that of the President. However, there are some such powers of the President which are not available to the Governor such as – diplomatic powers, military and emergency powers. Overall, the governor has mainly four types of powers. Let us see it one by one.
| Executive powers of Governor
The executive powers of the Governor are as follows:
1. All executive functions of the State Government are formally vested in the name of the Governor. That is, the governor is the constitutional head of the state. The executive powers of the Governor are described in Article 154.
2. He may make rules as to how acts, orders and other forms of work done in his name shall be certified.
3. He can make rules more convenient for the transaction of the work of the State Government and the allocation of the said work among the ministers.
4. He also appoints the Advocate General of the State including the Chief Minister and other Ministers, all of whom hold office during the pleasure of the Governor.
5. He appoints the State Election Commissioner and fixes his terms and conditions of service. In certain circumstances, the State Election Commissioner can be removed in the same way as a Judge of a High Court. In this way, he also appoints the chairman and members of the State Public Service Commission but he can be removed only by the President and not the Governor.
6. He can get information about administrative matters or any legislative proposal from the Chief Minister. Also, if a minister has taken a decision and the Council of Ministers has not taken cognizance of it, the Governor can ask the Chief Minister to consider the matter.
7. He can recommend to the President for a constitutional emergency in the state. During the President’s rule in the state, his executive powers are expanded as the representative of the President.
8. He is the Chancellor of the State Universities, he appoints the Vice Chancellors of the State Universities.
| Legislative powers of the Governor
The Governor is an integral part of the State Legislative Assembly. As such, it has the following legislative powers and functions:
1. He can summon or prorogue and dissolve the session of the State Legislative Assembly and also he can address the first session after each election to the Legislature and the first session of the year
2. He can send messages to any House or the Houses of the Legislature on bills under consideration or any other matter.
3. When the posts of Speaker and Deputy Speaker of the Legislative Assembly are vacant, he can appoint a member of the Legislative Assembly to ensure the proceedings.
4. In the state where there is a Legislative Council, he can nominate one-sixth of the total members of the Legislative Council of that state. Those who have knowledge or practical experience of literature, science, art, cooperative movement and social service
5.The issue of disqualification of a member of the Legislative Assembly is taken by him after consultation with the Election Commission.
6. Whenever a Bill passed by the State Legislature is referred to the Governor, he may— (1) assent to the Bill, or (2) withhold it for assent, or (3) pass the Bill (if it is not a money bill) to the Legislature for reconsideration. However, if the Bill is passed by the State Legislature again without change, the Governor has to give his assent and (4) can reserve the Bill for the consideration of the President. It is imperative to reserve it in a case where a bill passed by the State Legislature jeopardizes the position of the High Court.
Apart from this, the Governor can reserve the bill even if there are the following circumstances, such as – if the law is against the provisions of the constitution, against the directive principles of state policy, against the larger interest of the country etc.
7. When the state legislature is not in session, it can formally promulgate an ordinance under Article 213 . These bills need to be approved by the state legislature within six weeks. He can also terminate an ordinance at any time.
| Financial powers of the Governor
The financial powers and functions of the Governor are as follows:
1. He ensures that the annual financial statement (also known as budget) is placed before the State Legislature.
2. Money bills can be introduced in the state assembly only after its prior consent.
3. No demand for any kind of grant can be made without the consent of the Governor.
| Judicial powers of the Governor
The judicial powers and functions of the Governor are as follows:
1. The Governor of a State shall have the power to pardon, suspend, or avoid the punishment of a person convicted of an offense against any law in relation to the matter to which the executive power of that State extends. A separate article is available on this, you must read it.
2. The President may consider the appointment of a Judge of the High Court of the State concerned by the Governor.
3. He can appoint, transfer and promote District Judges in consultation with the State Court.
4. He also appoints people associated with the State Judicial Commission (except District Judges). In these appointments, he consults the State High Court and the State Lok Sabha Commission.