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The Governor of a State (Indian Constitution)

I. Constitutional Role and Appointment

• Constitutional Head: The Governor is the constitutional head of a state government (Article 153).
• Appointing Authority: Appointed by the President of India (Article 155).
• Executive Role: The Governor is the head of the State’s Executive Power (Article 154(1)).

II. Term of Office and Tenure

• Term: The normal term of office is five years (Article 156(3)).
• Tenure: The Governor holds office “during the pleasure of the President” (Article 156(1)). This means:
  • They can be dismissed by the President at any time.
  • There is no specific procedure for removal (e.g., impeachment).
  • The state legislature has no power in their removal.
• Continuation: A Governor continues in office until their successor assumes charge.
• Resignation: A Governor can resign by writing to the President.

III. Qualifications and Conditions for Office

• Citizenship: Must be a citizen of India.
• Age: Must have completed the age of 35 years.
• Other Conditions: Must not be a member of either House of Parliament or a State Legislature.
• Oath of Office: Must be administered before entering office (Article 159).
  • Administered by: The Chief Justice of the State High Court or, in their absence, the senior-most judge of that court.

IV. Powers of the Governor

A. Discretionary Powers (Exercised without ministerial advice)

• Sending a report to the President for imposing President’s Rule in the state (under Article 356).
• Reserving certain bills passed by the state legislature for the consideration of the President (Article 200).
• Determining the need to summon the assembly for a floor test to prove majority.
• Dismissing a Chief Minister who has lost the confidence of the legislative assembly.
• Sending a bill back to the legislative assembly for reconsideration (if it is not a Money Bill).

B. Legislative Powers

• Ordinance Making Power: Can promulgate ordinances when the state legislature is not in session (Article 213). These must be approved by the legislature within six weeks of its reassembly.
• Nomination: Has the power to nominate some members to the State Legislative Council (where it exists).
• Assent to Bills: A bill passed by the state legislature becomes law only after the Governor gives assent.

C. Executive Powers

• Appoints the Chief Minister and, on the CM’s advice, other Ministers.
• Appoints the Advocate General of the state.
• Appoints members of the State Public Service Commission.

D. Judicial Powers

• Has the power to pardon, reprieve, or suspend a sentence.
• Limitation: The Governor cannot pardon a death sentence.

V. Limitations on Power

• Does not appoint Judges of the State High Court (this is done by the President, who consults the Governor).
• Has no emergency powers (these are vested with the President).

VI. Privileges and Immunities

• Legal Immunity:
  • No criminal proceedings can be instituted or continued against a Governor in any court during their term of office (Article 361).
  • Civil proceedings can be initiated after a 2-month notice.
• Salary & Allowances:
  • Charged to the Consolidated Fund of the State.
  • Their emoluments and allowances cannot be diminished during their term of office.

VII. Special Scenarios and Context

A. Multi-State Governor

• The same person can be appointed as the Governor for two or more states simultaneously.
• In such a case, the emoluments and allowances are allocated among the states in a proportion determined by the President.

B. Historical and Advisory Context

• The original draft of the Constitution proposed elected Governors, but this was dropped due to concerns about cost, potential conflict with the Chief Minister, and an elected Governor feeling superior.
• The Sarkaria Commission (1983) recommended that the Governor should be an eminent person from outside the state, without intense political links.

C. Special Case (Historical)

• Jammu & Kashmir (Pre-2019): The Governor was appointed by the President of India (reflecting the pre-2019 constitutional status).

VIII. Historical Instances and Firsts

• First Governor Dismissals:
  • Prabhudas Patwari was the first Governor to be dismissed (Tamil Nadu, 1980).
  • Raghukul Tilak was the first Governor of Rajasthan to be dismissed (1981).
• First Women Governors:
  • First Woman Governor in India: Sarojini Naidu (Governor of Uttar Pradesh, 1947-1949).
  • First Woman Governor of West Bengal: Padmaja Naidu (Governor from 1956-1967).
  • National Women’s Day in India is celebrated on February 13th in memory of Sarojini Naidu’s birth.

Know More About The Governor:

• The Governor – Old Year Questions
• The Governor One Liner Questions & Answers