The
Governor is the nominal head of a state. In other words, though he is said to be the Executive Head of a State,
and a part of the State Legislature as well as the administration of the state is carried out in his name, he is not the real head of the state like the Chief Minister.
He is the ceremonial head of a state. The position of the governor in a state is equivalent to the position of the President of India at the Union level.
It is also stated in the Indian Constitution that the Legislature of a state of India shall consist of the Governor and a Legislative Assembly. Also, a
Governor can technically be appointed for more than one state. In the Union Territories as well as in the National Capital Territory of Delhi, the same designation as that of the governor of a state is held by the Lieutenant-Governor.
The qualifications for appointment as a Governor are mentioned below :
- He should be a citizen of India.
- He must have completed the age of 35 years.
- He must not be a member of either Houses of Parliament (Lok Sabha or Rajya Sabha) or of the State Legislative Assembly.
- He must not hold any office of profit.
The
Governor is appointed by the President, for a term of 5 years. However, there is no security of the tenure of the Governor and he can be removed from office by the President, at any time. Though the
Governor is said to be the Executive Head of a state, the people of the state or its representatives have no role to play in the appointment of a Governor. The Indian Constitution does not have any provisions for impeachment of the Governor by the State Legislature.
The powers enjoyed by the Governor can be broadly classified into 3 divisions:
- Executive Powers of the Governor - The Governor is the Executive Head of a state. According to the Constitution of India, the Governor has the right to appoint and remove representatives of the state legislature. He appoints the Chief Minister of a state and the other members of the Council of Ministers, on advice from the Chief Minister. In reality, the CM and the Council of Ministers are in office as long as they are in the majority in the state legislature and enjoy the confidence of the State Legislative Assembly or the Vidhan Sabha. The Governor has no deciding role to play.
The Governor also appoints the Advocate General, the Chairman of the State Public Service Commission as well as the judges of the district courts. The President consults the Governor of a state, in the appointment of the judges of the High Court of that state.
- Legislative Powers of the Governor - The Governor summons and prorogues the State Legislative Assembly and the State Council. He also addresses the two houses of the state legislature after the elections. However, these are formal powers and depend on the Chief Minister, who advises the Governor to summon or prorogue the House. The Governor can dissolve the Vidhan Sabha. But in effect, that only happens when the ruling party gets a no-confidence vote in the Vidhan Sabha.
Any bill passed by the state legislature can become a law only after the Governor signs it. In all cases except a money bill, the Governor can send back the bill to the Vidhan Sabha for reconsideration. When the bill goes to the Governor the second time, even if unchanged, he has to sign the bill and make it a law.
- Discretionary Powers of the Governor - If no party gets an absolute majority in the state legislature, the Governor has to exercise his judgement in the matter of who he should invite as Chief Minister.
During an emergency in the state, the Governor, on advice of the President, becomes the real ruler of the state. He can submit reports to the President regarding the affairs of the state. The Governor can then also reserve some bills for the consideration of the President of India.
List of Governors of India
Last Updated on April 28, 2020