Governor (India)

Qualifications

Article 157 and Article 158 of the Constitution of India^[2] specify eligibility requirements for the post of governor. They are as follows:

A governor:

• must be at least 35 years of age.
• should not be a member of the either house of the parliament or house of the state legislature.
• should not hold any office of profit.

Traditionally, governors are not appointed to lead the states where they reside, although this is not stipulated in the constitution.

Appointment

The President of India appoints the governor of each State.^[3] The factors based on which the candidates are evaluated is not mentioned in the Constitution.^[3]

A same person can be appointed as the governor of two or more States.^[4]

Term of office

A governor shall stay appointed during the pleasure of the President.^[5] This alternative assumption is that they are appointed after the 'council of ministers' advise the President for such appointment. Hence, it is the Central Government that appoints them.^[6] They shall remain in office until the expiration of five years from the date on which they were appointed.^[5] They shall continue to remain in office even after the expiration of 5 years, until a governor is appointed by the President.^[5]

Executive powers

• The Constitution vests in the governor all the executive powers of the state government.^[9]
• The governor appoints the chief minister,^[10] who enjoys the support of the majority in the State Legislative Assembly. The governor also appoints the other members of the Council of Ministers and distributes portfolios to them on the advice of the chief minister.^[10]
• The Council of Ministers remain in power during the 'pleasure' of the governor.^[10] However, if the governor reports a constitutional breakdown in a State to the President, and that report confirms the statement that a State Government is not following the principles of the Constitution, the President can proclaim the emergency provisions in such State.^[11] This will dismiss the council of ministers as such in that State.^[12]
• The governor appoints the chief minister of a state,^[10] the advocate general^[13] and the chairman and members of the State Public Service Commission.^[14]
• A state election commissioner is also appointed by the governor (though removed by the president).^[15]
• When requested by the Election Commission or Regional Commissioner, the governor or the President shall make available to them the required staff for their proper functioning.^[16]
• All executive actions in a State are carried on the governor's name.^[17]
• The governor of the state by virtue of their office is also the chancellor of most of the universities in the state.^[18][19] The dignity and impartiality of the office of the chancellor puts the governor in a unique position with regard to protecting the autonomy of the universities and saving them from undue political interference. The governor as chancellor of universities also acts as president of the Senate. The governor has the power to direct inspection of every component of the universities and affiliated colleges, required due action on the result of inquiry. The chancellor appoints search committee for appointments of vice chancellor. The governor accords consent of warrant of degrees and withdraws degree or distinctions both at the recommendations of the Senate. The governor approves or disapproves statutes passed by the Senate and appoints teachers at the university based on the recommendation of the respective committees.^[19]
• The Governor can make rules regulating the recruitment, and the conditions of service of persons appointed as the secretarial staff of the Assembly or the Council after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council.^[20] However, Governor can appoint such people if the State Legislature has not prescribed any laws regulating the above recruitment.^[20]
• A governor can nominate one member^[21] of the Anglo-Indian community to their State's Legislative Assembly, if he/she is of the opinion that they are not represented properly in the Assembly.^[22]
• A governor has the power to nominate 1/6 of the total no. of members to the Legislative Council of a State having special knowledge or practical experience in respect of Literature, science, art, co-operative movement and social service.^[23]

Legislative powers

• The governor has the right to address and send message,^[24] summon, prorogue and dissolve^[25] the State Legislature. These powers are formal, and the governor's use of these powers must comply with the advice of the Council of Ministers headed by the chief minister.^[1]
• He/She also has the power to either himself/herself or through other lay down the Annual Financial Statement before the Houses of the State Legislature^[26] and make demands for grants and recommending Money Bills.^[27]
• The governor inaugurates (to dedicate) the state legislature by addressing it after the assembly elections and also at the beginning of the first session every year.
• The governor's address on these occasions generally outlines new policies of the state government. A bill that the state legislature has passed, can become a law only after the governor gives assent. The governor can return a bill to the state legislature, if it is not a money bill, for reconsideration. However, if the state legislature sends it back to the governor for the second time, the Governor shall not withhold their assent therefrom.^[28] This has rarely happened in the history of any of the states. Tamil Nadu, for example, resent its NEET Exemption Bill to its governor for the first and only time ever, in 2022, since the state's formation in 1950.^[29]
• The governor also has the power to reserve certain bills for the president.^[30]
• When the state legislature is not in session and the governor considers it necessary to have a law, then the governor can promulgate ordinances. These ordinances are submitted to the state legislature at its next session. They remain valid for no more than six weeks from the date the state legislature is reconvened unless approved by it earlier.
• A Governor can disqualify a member of the State legislature when the election commission recommends that such member is no longer complying with provisions of Article 191.^[31]
• The governor can ask the advocate general to attend the proceedings of both houses of the state legislature and report to them any unlawful functioning if any.^[13][32]

Judicial powers

• The Governor has the power to grant pardons, respites, reprieves or remission of punishments or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which executive power of a State extends.^[33]
• The President appoints the judges of the High Courts on the recommendation of the governor.^[34]
• He/She also has the power to appoint the judges of the district courts after consulting the High Court of that State.^[35]

Discretionary powers

• When no party gets a clear majority, the governor has discretion to choose a candidate for chief minister who will put together a majority coalition as soon as possible.
• They can impose president's rule.
• They submit reports on their own to the president or on the direction of the president regarding the affairs of the state.
• They can withhold their assent to a bill and send it to the president for approval.
• During emergency rule as per Article 353 , the governor can override the advice of the council of ministers if specifically permitted by the president.

Emergency powers

The governor has no role or powers in an emergency situation to meet with the external aggression or armed rebellion as the President^[36] unless specifically permitted by the president under articles 160, 356 and 357.^[37][11][38]