The Governor (Article 153 to 167).

Article 153 to 167:

deals with State Executives.

State Executives consist of, The Governor, the Chief Minister, the Council of Ministers and the Advocate General of the State.

👉The Governor is:

1. chief executive head of the state.
2. nominal executive head (constitutional head).
3. acts as the agent of the central government.

The Governor can be for ✌two or more states. (by 7th Constitutional Amendment Act, 1956)

👉Appointment of Governor:

Governor is appointed by the President. But office of Governor is NOT an employment under the Central government. (This is Canadian model)

👉Qualifications of a Governor:

1. Citizen of India.
2. Completed the age of 35 years.

Additionally,

• Governor should NOT belong to the state where he is appointed, so that he is free from local politics.
• President is required to consult the Chief Minister while appointing the Governor of a state.

👉Term of Governor's Office:

• Holds office for a term of 5 years from the date he enters upon his office.
• His term is subject to the Pleasure of the President, means he may be removed by the President at any time {Surya Narayan v Union of India (1982)}. The Constitution does NOT provides any grounds upon which a Governor can be removed.
• The President may transfer a Governor from one state to another state.
• A Governor whose term has expired can be reappointed in the same state or the other.
• In case death of a Governor, chief justice of the concerned state high court can be appointed temporarily to discharge the functions of the Governor.

👉Powers and Functions of Governor:

1. Executive powers.
2. Legislative powers.
3. Financial powers.
4. Judicial powers.

Executive Powers:

• He appoints Chief Minister and other ministers. They hold office during his pleasure.
• There should be Tribal Welfare minister in the states of Chattisgarh, Jharkhand, Madhya Pradesh and Odisha appointed by the Governor.
• He appoints Advocate General of a state. They holds office during the pleasure of the Governor.
• He appoints State Election Commissioner.
• He appoints the Chairman and members of State Public Service Commission. However, they can be removed only by the President NOT by Governor.
• He acts as the chancellor of Universities in the state. He also appoints vice-chancellors of the universities.

Legislative Powers:

• He can summon the state legislature and dissolve the state legislative assembly.
• He can appoint any member of state legislative assembly, when the office of both the Speaker and the Deputy Speaker fall vacant.
• He nominates 1/6th of the members of state legislative council from amongst person having practical experience in literature, science, art, cooperative movement and social service.
• He nominates one member to the state legislative assembly from Anglo-Indian Community.
• When a bill is sent to the Governor after it is passed by the state legislature, he can:
• Give his assent.
• Withhold his assent.
• Return the bill (if its NOT a money bill).
• Reserve the bill of the following nature:
• Ultra-vires, i.e., against the provisions of the Constitution.
• Opposed to the Directive Principles of State Policy.
• Against the larger interest of the country.
• Of grave national importance.
• Dealing with compulsory acquisition of property under Article 31A of the Constitution.
• He can promulgate ordinances when the state legislature is NOT in session. These ordinances must be approved by the state legislature within six weeks from its reassembly. He can also withdraw an ordinance anytime. This is the most important legislative power of the Governor.
• He lays the reports of the State Finance Commission, the State Public Service Commission and the Comptroller and Auditor-General, before the state legislature.

Financial Powers:

• Money bills are introduced only with his prior permission in the state legislature.
• No demand of grant without his recommendation.
• He can make advances out of the Contingency Fund of the state to meet any unforeseen expenditure.

Judicial Powers:

• He is consulted by the President while appointing the judges of the concerned state high court.
• He make appointments, posting and promotions of the District Judges in consultation with the state high court.
• He can grant pardons, reprives, respites and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.

👉Constitutional Position of Governor:

Article 154, 163 and 164.

1. Article 154 => The executive power of the state shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
2. Article 163 => There shall be a council of ministers with the Chief minister as the head to aid and advice the Governor in the exercise of his functions, except in so far as he is required to exercise his functions in his discretion.
3. Article 164 => The council of ministers shall be collectively responsible to the legislative assembly of the state. This provision is the foundation of the Parliamentary system of government in the state.

Hence, the Constitution has assigned a dual role to the office of a Governor in the Indian federal system. He is the constitutional head of the state as well as the representative of the Centre (i.e. President).