Role of the Governor in Constitution
(In detail & authenticity, please refer the Constitution of India )
Article 153 – Governors of States
There shall be a Governor for each state.
Article 154 – Executive power of State
- 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.
- Nothing in this article shall-a. be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; orb. prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.
Article 155 – Appointment of Governor
The Governor of a State shall be appointed by the President by warrant under his hand and seal.
Article 156 – Term of Office of Governor
- The Governor shall hold office during the pleasure of the President.
- The Governor may, by writing under his hand addressed to the President, resign his office.
- Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office:
Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
Article 157 – Qualification for appointment as Governor
No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.
Article 158 – Conditions of Governor’s Office
- The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.
- The Governor shall not hold any other office of profit.
- The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
[(3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.]
5. The emoluments and allowances of the Governor shall not be diminished during his term of office
Article 159 – Oath or affirmation by Governor
Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the seniormost Judge of that Court available, an oath or affirmation in the following form, that is to say-
“I, A. B., do swear in the name of God/solemnly affirm that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of ………….(name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of …..(name of the State).”
Article 160 – Discharge of the functions of the Governor in certain contingencies
The President may make such a provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in Chapter II of the Constitution.
Article 161 – Power of governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or 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.
Article 162 – Extent of executive power of State.
Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws:
Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof.
Article 163 – Council of Ministers to aid and advice Governor
- 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.
- 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.
- The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.
Article 164 – Other provisions as to Ministers
- The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minster, and the Ministers shall hold office during the pleasure of the Governor:
- The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
- Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
- A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.
- The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.
Article 165 – Advocate General for the State
The Governor appoints the Advocate General for the State.
Article 166 – Conduct of business of the Government of a State
All executive actions, of the Governor of a State shall be expressed to be taken in the name of Governor.
Article 167 – Duties of Chief Minister as respects to the furnishing of information to Governor
It shall be the duty of the Chief Minister of each State
- To communicate to the Governor of the State all decisions of the council of Ministers relating to the administration of the affairs of the State and proposals for legislation;
- To furnish such information relating to the administration of the affairs of the State and proposals for legislation the Governor may call for; and
- If the Governor so requires to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
Article 168 – Constitution of Legislatures in States
For every state there shall be a Legislature which shall consist of the Governor.
Article 174 – Sessions of the State Legislature, prorogation and dissolution
The Governor shall from time to time summon and prorogue the House and dissolve the Legislative Assembly.
Article 175 – Right of Governor to address and send messages to the House or Houses
The Governor may address the Legislative Assembly….; The Governor may send messages to the House.
Article 176 – Special address by the Governor
Special Address to the House by the Governor
Article 188 – Oath or affirmation by members
Every member of Legislative Assembly or the Legislative Council of a State shall , before taking his seat , make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according the form set out for the purpose in third schedule.
Article 192 – Decision on questions as to disqualifications of members
Decision on questions as to disqualifications of members.
Article 200 – Assent to Bills
The Governor assents, withholds assent or reserves for the consideration of the Bill passed by the Legislative Assembly.
Article 201– Bills reserved for consideration
When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent there from;
Provided that, where the bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State ……. the President for his consideration.
Article 202 – Annual financial statement
The Governor shall in respect of every financial year cause to be laid before the House…. a statement of the estimated receipts and expenditure.
Article 203 – Procedure in Legislature with respect to estimate
No demand for a grant shall be made except on the recommendation of the Governor.
Article 205 – Supplementary, additional or excess grant
The Governor shall ……..cause to be laid before the House another statement showing estimated amount of expenditure.
Article 207 – Special provisions as to financial Bills
A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of Article 199 shall not be introduced or moved except on the recommendations of the Governor, and a bill making such provision shall not …… reduction or abolition of any tax.
Article 213 – Power of Governor to promulgate Ordinances during recess of Legislature
If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in State, except when both Houses of the Legislature are in session, the Governor is satisfied ….. promulgate such ordinances as the circumstances appear to him to require:-
Article 217 – Appointment and conditions of the office of a Judge of a High Court
Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment …… the age of sixty-two years;
Article 219 – Oath or affirmation by Judges of High Courts
Every person appointed to be a Judge of a High Court, shall before he enters upon his office, make and subscribe before the Governor of the State, or some person… the purpose in the Third Scheduled.
Article 243(1) – Constitution of Finance Commission to review financial position – Constitution of Finance Commission to review financial position
The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act,1992 and thereafter …… recommendations.
Article 243(2) – Finance Commission
The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.
Article 267(2) – Contingency Fund
The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be entitled ”the Contingency Fund of the State” into which shall be paid ……by the Legislature of the State by law under Art. 205 or Art. 206.
Article 316 – Appointment and term of office of members of the Public Service Commission
The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission by the President, and in the case of a State Commission by the Governor of the State.
Article 317 – Removal and suspension of a member of a Public Service Commission
The Governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under Cl. (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.
Article 333 – Representation of the Anglo-Indian Community
Representation of the Anglo-Indian Community in the Legislative Assemblies of the State.
Article 355 and 356 – President’s Rule
- As a representative of the Centre, the Governor keeps it informed about political and socio-economic developments by sending periodic reports to the President.
- If in the interest of the State, the Governor feels that the Centre should intervene, he is duty bound to say so.
- Under Article 356 the Governor ensures that the State’s administration is run as per the provisions of the Constitution and or advice the President to declare the President’s Rule.
Article 361 – Protection of President and Governors and Rajpramukhs
- The President, or the Governor of a State shall not be answerable to any Court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties;
Provided that the conduct of the President may be brought under review by any Court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under Article 61;
Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Government of India or the Government of a State.
- No criminal proceedings, whatsoever, shall be instituted, or continued against the President, or the Governor of a State, in any Court during his term of office.
- No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any Court during his term of office.