Appointment of Governors

Source: News on Air

Subject: Polity

Context: President of India has executed a major administrative reshuffle by appointing and transferring several Governors and Lieutenant Governors across States and Union Territories.

About Appointment of Governors:

What is the Office of the Governor?

• The Governor is the Constitutional Head (Titular Head) of a State and acts as a vital link between the Union Government and the State Government. While the Governor is the executive head of the state, they generally act on the aid and advice of the Council of Ministers headed by the Chief Minister.

Key Articles Associated:

• Article 153: Mandates that there shall be a Governor for each State. However, the 7th Constitutional Amendment Act of 1956 allows for the appointment of the same person as Governor for two or more States.

• Article 154: Vests the executive power of the State in the Governor.

• Article 155: Specifies that the Governor of a State shall be appointed by the President by warrant under his hand and seal.

• Article 156: States that the Governor holds office during the pleasure of the President, typically for a term of 5 years.

• Article 157 & 158: Outline the qualifications (must be a citizen of India and at least 35 years old) and conditions of the office.

Procedure of Appointment:

• The Governor is neither directly nor indirectly elected. Instead, they are nominated by the Central Government and formally appointed by the President. This ensures that the Center can maintain a degree of supervision over the state administration.

• Two major conventions are usually followed (though not legally binding):

• The person should be an outsider (not belonging to the state they are appointed to).

• The President often consults the Chief Minister of the concerned state to ensure smooth functioning.

Functions of the Governor:

Executive Functions:

• Head of State Administration: All executive actions of the State Government are formally taken in the Governor’s name.

• Key Appointments: The Governor appoints the Chief Minister and, on their advice, the other Ministers. They also appoint the Advocate General of the State and the Chairman and members of the State Public Service Commission.

• Constitutional Role: They recommend the imposition of Constitutional Emergency (President’s Rule) in a state to the President under Article 356 if the state machinery breaks down.

Legislative Functions:

• Summoning the House: The Governor has the power to summon or prorogue (end a session) the State Legislature and dissolve the State Legislative Assembly.

• Addressing the Legislature: They address the State Legislature at the commencement of the first session after each general election and at the first session of each year.

• Veto Power over Bills: When a bill is passed by the state legislature, the Governor can: Give assent to the bill. Withhold assent. Return the bill (if it is not a Money Bill) for reconsideration. Reserve the bill for the consideration of the President.

• Give assent to the bill.

• Withhold assent.

• Return the bill (if it is not a Money Bill) for reconsideration.

• Reserve the bill for the consideration of the President.

• Ordinance Making Power: Under Article 213, the Governor can promulgate ordinances when the state legislature is not in session, which have the same force as an act.

Judicial Functions:

• Pardoning Power: Under Article 161, the Governor possesses the power to grant pardons, reprieves, respites, or remissions of punishment for offenses against state laws.

• Consultation on Judges: The Governor is consulted by the President when appointing judges to the State High Court.

• District Courts: Appointments, postings, and promotions of District Judges are made by the Governor in consultation with the State High Court.

Discretionary Functions:

While the Governor generally acts on the advice of the Council of Ministers, the Constitution implies certain situations where they act at their own discretion:

• Selection of Chief Minister: When no single party has a clear majority in the State Assembly.

• Dismissal of Ministry: If the Council of Ministers loses the confidence of the Legislative Assembly but refuses to resign.

• Reservation of Bills: Deciding which bills should be sent to the President for oversight.