GOVERNOR- Samarth Agarwal (BBA.LLB) New Law College ,Pune

Who is a Governor ?

▪ A governor is a person who is the constitutional head of the State .

▪ The Constitution of India , by Article 153, creates the office of Governor.

▪ Article 153-167 deals with the subject of the Governor of the State.▪ First Women Governor -  Sarojini Naidu (Governor of Uttar Pradesh,

1947–49).

INTRODUCTION -

Article 153 – There shall be a governor for each state. [Provided that nothing in this Article shall prevent the appointment of the same person as Governor for two or more states.] 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.

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1- Added by constitution Act , 7th amendment 1956 .

APPOINTMENT-

▪ [ Article 155 ]- The governor of a state is appointed by the President of India.

▪ The Sarkaria Commission has suggested that Article 155 should be amended so as to ensure effective consultation with the state Chief Minister in the matter of appointment of Governor.

▪ He is neither elected by the direct vote of the people nor by an indirect vote by a specially constituted Electoral College as in the case with the president. He is a nominee of the central government.

Case law-

In Hargovind V. Raghukul AIR 1979, it has been held that the office of Governor of a state is not an employment under the Government of India. A member of the state public commission can be appointed as the Governor. The office of Governor is an independent office and is not under the control or subordinate to the Government of India.

QUALIFICATION [ Article 157-159 ]

[Article 157]-

A person to be eligible to be appointed as a Governor must be –(a)Citizen of India

(b)Must have completed the age of 35 Years.

[Article 158 (1)]-

The Governor cannot be a member of house of Parliament, or of the state Legislature of any state. If a member of either house of Parliament or the House of Legislature of any such State is appointed as Governor, he shall be deemed to have vacated his seat in the House on the date on which he enters his office as Governor.

[Article 158(2)]-

The Governor can not hold any other office of Profit.

[Article 158(3)]-

He is entitled to the free use of his official residence and also to such emoluments , allowances and privileges as Parliament may determine by the law. Such emoluments , allowances and privileges are specified in the Second Schedule. [Article 158 ( 3 A )]-

[If the same person is appointed as a 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. ]

[Article 158(4)]-

The emoluments and allowances of a Governor can not be reduced during his term of office.

[Article 159]-

Before entering upon his office a Governor has to make and subscribe , in the presence of Chief Justice of the State High Court , an Oath or affirmation in the prescribed form. In the absence of the Chief Justice the Oath may be taken before the senior most Judge of the High Court available at the time.

Tenure and Removal

[Article 156]-(1) The Governor shall hold the office during the pleasure of the President.(2) The Governor may, by writing under his hand addressed to the President, resign his office.(3) 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.

CASES-

▪ BP. Singhal V. Union Of India ,2010 .▪ Surya Narayan V. Union Of India,1982▪ Nanavati v. State of Bombay ,1961▪ Swaraj Singh V. State of U.P. , 1998▪ Satyapal V. State of Haryana ,2000▪ Bishambar Dayal Chandra Mohan V. State of U.P. ,1982▪ Dr. Ambesh Kumar V. Principal LLRM Medical College Meerut ,

1987

Privileges

The Governor enjoys the same privileges as the President does under Article 361 of The Constitution of India.[Article 361]- Protection of President and Governors and Rajpramukhs .

▪ The President or the Governor or Rajpramukh 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.

Case laws-

G.Vasantha Pai v. C.k.Ramaswamy , AIR 1978 ,The Madras High Court has laid down that a combine reading of Article 154, 163 and 361 (1) would show that immunity against answerability to any court regarding functions exercised by the Governor and those functions in respect of which he acts on the advice of the Council of Ministers or his Discretion.

Pratap Singh Raojirao Rane v. State of Goa AIR 1999 , According to Bombay High court held that, the Governor while taking decision in his sole discretion , enjoys immunity under Article 361 of our Indian Constitution.

A question must be raised in your mind that a Governor can appoint any person for the constitutional office who is not qualified for the purpose and the Governor is nor answerable in the court of Law under article 361 of our Indian Constitution because he has got immunity to it .

Then how can we challenge the authority of the appointee to hold the office ??

Article 361 of our Indian constitution also states that –

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 .

Powers --

Executive -

[Article 154 ]- Executive power of the State –(1) 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) Nothing in this article shall – (a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority ; or (b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.

Pardoning Power -

[Article 161] says that the Governor shall have the powers 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 matters to which the executive power of the state extends.The executive power of the State extends to matter with respect to which the Legislature of the State has power to make laws [Article 161 ] .

Legislative -

▪ The Governor summons the House or each House of the Legislature of the State to meet at such time and place as he thinks fit.

▪ Six months must not lapse between the last sitting in one session and the first in the next session.

▪ He may prorogue the House or either House and dissolve the Legislature Assembly [Art. 174(1) &(2)]. He has right to address to state Legislature.

▪ No Bill can become law without the assent of the President. He has right to serve certain bills for the assent of the President [Art.200] .

ORDINANCE - making power

[Article 213 ] of our Indian Constitution Provides the Ordinance making power ti the Governor .Article 213 , states-▪ Power of Governor to Promulgate ordinance during recess

of Legislature-

If at any time, except when Legislative assembly of a state is in session of a state, or where there is a Legislative council in a state, except when both houses of Legislature are in session, the Governor is satisfied that circumstances exists which render it necessary for him to take immediate action, he may promulgate such ordinance as the circumstances appear .

Validity of the ordinance -

▪ The ordinance shall be laid before legislature of the state and shall cease to operate at the expiration of 6 weeks from the re-assembly of the legislature .

▪ The ordinance may be withdrawn at anytime by the Governor .▪ Governor can only issue Ordinance on the subject on which the

state Legislature is empowered to make laws .

Financial -

▪ A money bill can not be introduced in the Legislative Assembly of the State without the recommendation of the Governor .

▪ No demand of grants can be made except on the recommendation of the Governor [Art.203 (3) ] .

Discretionary Power -

It was felt necessary to confer discretionary powers on the governor for two main reasons:▪ 1)the governor has to serve as an agent of the central

government in the state▪ 2)he is an important link between the centre and the state to

maintain the unity and integrity of the country.

 Under the Constitution, there are several categories of actions which the governor may take in his discretion, viz. :▪ Art 200 requires him to reserve for the President’s consideration any Bill

which in his opinion derogates from the powers of the High Court;▪ to reserve any other bill;▪ to appoint the chief minister of the State;▪ Governor’s report under Art.356;▪ Governor’s responsibility for certain regions such as the Tribal Areas in

Assam and responsibilities placed on the governor’s shoulders under Art 371A, 371C, 371E, 371H.

▪ Dissolving the State Legislature

Thank you