The powers and responsibilities of a state’s governor regarding state government affairs are akin to those of the president concerning the Union government. However, the president has diplomatic, military and emergency powers which are not available to the Governor.
The governor, while discharging all functions under the constitution, with exception in certain cases, acts on the aid and advice of the council of ministers headed by the Chief Minister.
| Important note
It should be noted that the Constitution (42nd amendment) Act, 1976 which amended the article 74 to make the ministerial advice binding on the president, did not make such a change in the corresponding article 163 in relation to the governor. However, various judgments of the supreme court held that the governor should exercise his/her constitutional functions and powers in accordance with the aid and advice of the council of ministers headed by the CM. |
Powers and functions of the governor are explained below-
Executive Powers and Functions of the Governor
The executive powers and functions of the governor are:
Administrative Powers of the Governor
- Executive actions of state: All executive actions taken by a state’s government are officially performed in the governor’s name.
- Transaction of business: He has the authority to ask the Chief Minister to bring any issue, which a minister has decided upon but that hasn’t been discussed by the council, before the council of ministers for consideration.
- Right to be informed:
- The governor can request information related to state administration and legislative proposals from the Chief Minister.
- He can require the Chief Minister to submit for consideration to the council of ministers any matter on which a decision has been taken by the minister but which has not been considered by the council.
- Recommending constitutional emergency: The governor can recommend the imposition of constitutional emergency (President’s Rule) in a state to the President. During the President’s Rule, the governor enjoys extensive executive powers.
- The governor serves as the Chancellor for state universities.
Appointment related powers: The governor has the power to appoint following key constitutional functionaries in the state-
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- The Chief Minister and other ministers are part of the state government council of ministers. Other ministers are appointed by the governor based on the Chief Minister’s recommendations.
- Advocate General of State
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- State Election Commissioner: The governor also determines his conditions of services and tenure. However, the state election commissioner can be removed only in manner and on grounds as a judge of the high court.
- Chairman and members of the State Public Service Commission: Even though they are appointed by the governor, they can be removed from office by the president in accordance with the provisions of the constitution.
- Vice Chancellors of state universities.
Legislative Powers and Functions of the Governor
The legislative powers and functions of the governor are as follows:
- Session of legislature: The governor possesses the power to call and adjourn sessions of the state legislature. He/she also has the power to dissolve the state legislative assembly before its tenure.
- Governor’s address: The governor delivers an address to the state legislature at the start of the first session following each general election and at the beginning of each year’s first session.
- Disqualification of members: Regarding disqualification of members, the governor decides on such matters after consulting with the Election Commission.
- Messages to state legislature: The governor is permitted to send messages to one or both houses of the state legislature concerning a pending bill or other matters.
- Appointing Presiding officer during vacancy:
- In cases of vacancy, the governor can appoint any member of the state legislative assembly to preside over its proceedings if both the speaker and deputy speaker positions are vacant.
- Additionally, the governor can appoint any member of the state legislative council to oversee its proceedings when both the chairman and deputy chairman positions are unoccupied.
- Nominations to council: The governor nominates one-sixth of the members of the state legislative council from individuals with specialized knowledge or practical experience in literature, art, science, social service, and the cooperative movement.
| Important note:
In 2020, the reserved seats for the Anglo-Indian community in the Parliament and State Legislatures of India were discontinued by the Constitution (104th Amendment) Act. |
- Assent to bills: Concerning a bill sent to the governor after it is passed by the state legislature, he/she can:
- Assent the bill.
- Withhold his/her assent to the bill
- Return the bill (if it is not a money bill) for reconsideration of the state legislature. However, if the bill is passed again by the state legislature with or without amendments, the governor has to give his/her assent to the bill.
- The governor can return a bill (excluding money bills) for reconsideration by the state legislature. However, if the legislature passes the bill again, with or without changes, the governor is required to approve it.
- Reserve the bill for the President’s consideration. It is mandatory for the governor to reserve a bill if it jeopardizes the standing of the state high court. The governor may also reserve a bill for the President’s review if the bill:
- Is ultra vires, meaning it contradicts constitutional provisions.
- Is contrary to the broader interests of the nation.
- Conflicts with the Directive Principles of State Policy.
- Of grave national importance
- Relates to the compulsory acquisition of property under Article 31A of the Constitution.
- Laying of reports: The governor submits the reports of the State Public Service Commission, State Finance Commission, and the Comptroller and Auditor-General concerning state accounts to the state legislature.
- Ordinances: The governor has the authority to issue an ordinance when the state legislature is not in session, which must be ratified by the legislature within six weeks after it reconvenes.
- He/she can also withdraw an ordinance anytime.
Financial Powers and Functions of the Governor
The financial responsibilities and duties of the governor include the following:
- Budget: The Governor ensures that the state budget (Annual Financial Statement) is laid before the state legislature. His/her prior recommendation is required for demand for a grant.
- Money Bills: Governor’s prior recommendation is required for the introduction of money bills in the state legislature.
- State Finance Commission: Every five years, the governor forms a finance commission to evaluate the financial status of panchayats and municipalities.
- Contingency Fund: The governor can make advances out of the Contingency Fund of the state to meet any unforeseen expenditure.
Judicial Powers and Functions of the Governor
The judicial responsibilities and duties of the governor encompass:
- Judicial appointments:
- The President consults the governor while appointing the judges of the concerned state high court.
- Appointing, transferring, and promoting district judges in collaboration with the state high court.
- Appointing individuals to the state’s judicial service (excluding district judges) in consultation with the state high court and the State Public Service Commission.
- Pardoning powers: The governor is empowered to issue pardons, reprieves, respites, and remissions of punishment. He may also suspend, remit, or alter the sentence of any individual convicted under any law relevant to matters within the executive power of the state.
Comparison of Ordinance making power of the President and the Governor
| Parameters | President | Governor |
| When can it be passed? | This occurs when neither or both houses of Parliament are in recess (as a bill can only become law following approval from both houses) and;
He/she should be satisfied that an immediate action is required in a particular situation. |
When neither or both houses of the state legislature are in recess (in a bicameral system) or when the legislative assembly is not in session (in a unicameral system) and;
He/she should be satisfied that an immediate action is required in a particular situation. |
| Approval | The ordinance must receive parliamentary approval within six weeks of reassembly. | It must be approved by the state legislature within six weeks after reconvening. |
| Termination | If Parliament does not pass or disapprove the ordinance after reassembly | If State legislature does not pass or disapprove the ordinance after reassembly |
| Maximum duration | 6 Months 6 weeks | 6 Months 6 weeks |
| Subjects on which ordinance can be passed | The governor can issue an ordinance only on subjects where Parliament has the authority to legislate.
Also, it can not make any provision which is outside the jurisdiction of the legislative power of the Parliament. |
He may also issue an ordinance solely on matters where the state legislature can enact laws.
Also, it cannot make any provision which is outside the jurisdiction of the legislative power of the state legislature. |
| Effect of Passing the ordinance | It carries the same authority and impact as a law made by Parliament. | It holds equivalent force and effect as an act of the state legislature. |
| Withdrawal of the ordinance | Can be withdrawn any time | Can be withdrawn any time |
| Is it a discretionary power? | He/she is permitted to issue an ordinance solely based on the guidance of the Council of Ministers led by the Prime Minister. | He/she is allowed to issue an ordinance solely upon the counsel of the council of ministers led by the Chief Minister. |
| Instructions to make an ordinance | Does not require any instruction for making an ordinance | Requires instructions from the President mandatorily in the following 3 cases-
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