Governor:
According to the Constitution, there should be a Governor for each State (Art. 153) and the Executive Power of the State is vested in him (Art. 154). He is the Constitutional Head of the
State and exercises his powers either directly or through officers subordinate to him. He acts according to the advice of the cabinet.Governor article 153 provides the governor for each state one person may be appointed as a governor at two or more states constitution and nominal head of the executive bound by the advice of the minister governer of the states shall be appointed by the president of India warrant under his hand and seal
Appointment: Any Indian Citizen who has completed 35 years of age, may be appointed as the Governor by the President. Though there is a convention to consult the Chief Minister of the State before appointing the Governor of the State, still this is not followed in all cases. On appointment, the Governor takes an oath, before entering on his office.
He is appointed by the President and holds the job during the pleasure of the President. He may be removed or dismissed, and the Presidential “pleasure” or action is not justiciable (SuryaNarain VUnion). Mr. P. Patwari, the Governor ofTamilnadu was dismissed in 1980; Mr. Raghukul Tilak,Governor of Rajastan was dismissed in 1981. These dismissals have been much criticised. Of course, the Governor may resign at any time (e.g. : Mr. Ray, Governor of Punjab).
Powers and Functions:
Executive Powers : All executive actions are taken in the name of the Governor. He acts according to the advice of the Cabinet headed by the Chief Minister. The advice so tendered by the cabinet or ministers cannot be inquired into by any courts. He appoints the Chief Minister, and, on the advice of the Chief Minister, other ministers. The Chief Minister and other ministers hold their office during the pleasure of the Governor.
According to the doctrine of Cabinet responsibility, the chief minister and other ministers hold their office so long as they command the confidence of the Assembly. In practice, however,
the role of the Governors is not uniform :
(i) in 1970, Sri Charan Singh as Chief Minister of UP was not given an opportunity to prove his majority in the Assembly but the Governor asked him to resign. On refusal, he wrote to Mr. Giri, the President to invoke Art. 356, which he did and President’s rule was imposed. This has been much criticized.
(ii) In 1988, the chief minister of Karnataka Sri Bommai was dismissed and President’s rule was imposed. No opportunity to prove majority was given.
(iii) In 1972, when Smt. Nandini Satpathy resigned as chief minister of Orissa, Sri B. Patnaik claimed a majority but instead of giving an opportunity, the Governor recommended President's Rule and dissolved the assembly.
(iv) In Andhra Pradesh, Sri N. T. Rama Rao was dismissed by the Governor, and refused to give permission for 2 days to prove his majority. Sri N.T.R. paraded his supporters before the President at New Delhi. The Governor resigned. The new governor asked Sri Bhaskar Rao to prove his majority, but he failed. Sri N.T.R. proved his majority in 4 days and formed his ministry.
Financial Powers : Money Bills are to be introduced only on the recommendation of the Governor. He has the contingency Fund at his disposal. He causes the Budget to be placed
before the Houses.
Legislative Powers : The Governor has the powers to summon the Houses, to prorogue or to dissolve the assembly. He has a right to address the Houses, to send messages etc
.
In regard to Bills passed by both the Houses and sent to him, he may give his assent, or send to the Legislature for reconsideration. If the Bill is passed again with or without these recommendations, he should give his assent.
Ordinance Making Powers—Art. 213: This is an important legislative power of the Governor, similar to President'spower under Art. 123 of the constitution.Hecanissuean ordinance
(1) when the Houses are not insession;
(2) when he is satisfied that circumstances exist which require him to take immediate action.
However, in cases where the Bill requires the consideration of the President, he cannot issue an ordinance. Every ordinance should be laid before both houses and should be passed, within 6 weeks from the date of re-assembling of the Legislature, otherwise, it ceases to have
effect. Of course, the Governor may withdraw the ordinance at any time before 6 weeks. The ordinance is valid as an Act of Legislature. The leading case is Wadhava V State of Bihar where the Governor had issued 256 Ordinances, including re-promulgations. The Supreme Court held that this was a fraud on the Constitution.
Pardoning Powers : The governor has the powers to pardon, to reprieve, to respite or remit punishment; or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to matter to which the power of the State extends.
The President's power under Art. 72 is extensive and can grant pardon in case of death sentence. The Governor has no such power. He can suspend, remit or commute a sentence of death.
In Nanavati V State of Bombay, N was convicted for murder of Ahuja and was sentenced to life imprisonment by the Bombay High Court. N was in Naval custody. He moved the Special Leave Petition to Supreme Court. On the same day the Governor suspended the sentence to enable him to remain in Naval custody. Held, the Governor has no power to suspend a sentence, when the case in subjudice in the Supreme Court.
Miscellaneous: The Governor has, as per the Constitution, other powers, but has no powers in the following : (1) Emergency Powers; (2) Military Powers; (3) Appointing Powers of Judges, Attorney General etc.
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