How is a Governor Appointed?

The Indian President appoints Governor for each state by warrant under his hand and seal.
Central Government is responsible to nominate the governor for each state.
Note:

 Unlike elections of President, there is no direct or indirect election for the post of
Governor.
 The office of a governor is not a part of the union executive and is an independent
constitutional office. The governor doesn’t serve the union government and neither is
subordinate to it.
 The nomination of a governor by the Union and his appointment by the President in India
is based on the Canadian model of government.

What is the term of the Governor’s office?

Since the Governor holds the office under the pleasure of the President, his office has no fixed
term. President can remove the Governor and the grounds upon which he may be removed are
not laid down in the constitution.
Governor may also get transferred from one state to another by the President. He also can be
reappointed.
Note:

 An interregnum is not allowed; following which a Governor may sit in the office beyond 5
years (expiry of the term) till the new governor assumes the charge of the office.
 On President’s discretion, the Chief Justice of the High Court of the concerned state can
also be appointed as the Governor on a temporary basis when and how the President
thinks fit. (Example – On the governor’s death, Chief Justice of HC can be appointed as
the governor.)

Who is qualified to become a Governor?

Unlike Lok Sabha or Rajya Sabha members or even in the case of Prime Minister or President
who have a set of qualifications to meet to hold the office; Governor has to meet only two
qualifications:

1. He should be an Indian Citizen

2. He should be 35 years old or more

Note: There are two conventions that the government follows before nominating a person as a
Governor:

1. That person is not appointed as the governor who belongs to the state. He shall be an
outsider having no relation with the state he is being appointed to.
2. Consultation of the Chief Minister is taken by the President before appointing a governor

It should also be noted that both the above conventions are not absolute and have been ignored
by the union government in many instances.

What are the conditions of his office?

There are a few conditions for a person to be appointed as a Governor:

1. He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of
either of the house, he should vacate the seat on his first day as Governor in the office.
2. He should not hold any office of profit.
3. For his residence, Raj Bhavan is provided to him without the payment of rent.
4. Parliament decides his emoluments, allowances, and privileges.
5. When a governor is responsible for two or more states, the emoluments and allowances
payable to him are shared by the states in such proportion as the President may
determine.
6. Parliament cannot diminish his emoluments and allowances during his term of office.
7. He is given immunity from any criminal proceedings, even in respect of his personal acts
8. Arrest or imprisonment of the Governor cannot take place. Only civil proceedings can be
initiated for his personal acts that too after giving two months’ of prior notice.

What are the powers and functions of the Governor?

Executive Powers of the Governor

The following comes under his executive powers:

1. Every executive action that the state government takes, is to be taken in his name.
2. How an order that has been taken up his name is to be authenticated, the rules for the
same can be specified by the Governor.
3. He may/may not make rules to simplify the transaction of the business of the state
government.
4. Chief Ministers and other ministers of the states are appointed by him.
5. It is his responsibility to appoint Tribal Welfare Minister in the states of:
1. Chattisgarh
2. Jharkhand
3. Madhya Pradesh
4. Odisha
6. He appoints the advocate general of states and determines their remuneration
7. He appoints the following people:
1. State Election Commissioner
2. Chairman and Members of the State Public Service Commission
3. Vice-Chancellors of the universities in the state
8. He seeks information from the state government
9. A constitutional emergency in the state is recommended to the President by him.
10. The governor enjoys extensive executive powers as an agent of the President during
the President’s rule in the state.

Legislative Powers of the Governor

The following are the legislative powers of the governor:

1. It’s in his power to prorogue the state legislature and dissolve the state legislative
assemblies
2. He addresses the state legislature at the first session of every year
3. If any bill is pending in the state legislature, Governor may/may not send a bill to the state
legislature concerning the same
4. If the speaker of the legislative assembly is absent and the same is Deputy Speaker,
then Governor appoints a person to preside over the session
5. As President nominates 12 members in Rajya Sabha, Governor appoints ⅙ of the total
members of the legislative council from the fields of:
 1. Literature
2. Science
3. Art
4. Cooperative Movement
5. Social Service

As on Jan 2020, there are only 6 states which have Legislative Councils and
in 7 states (including Bombay state in 1960) their Legislative Councils are
abolished. Several states that have had their Legislative Council abolished
have subsequently requested its re-establishment. (See Art 168).

6. As President nominates 2 members in the Lok Sabha, Governor nominates 1 member in

state legislative assembly from Anglo-Indian Community. (By Art.334, a temporary
provision, continuously extended by Constitutional amendments no. 8th ,23rd ,
45th ,62nd , 79th and 95th Amendment Acts. Now removed by 104th Amendment brought as
Constitution Amendment Act 2019, passed in January 2020, since the population of
Anglo Indians as per last Census was 296 only.)
7. He can consult Election Commission for the disqualification of members.
8. With respect to the bill introduced in the state legislature, he can:

 Give his assent (Pass)

 Withhold his assent (Absolute Veto)
 Return the bill (Suspensive Veto)
 Reserve the bill for the President’s consideration (In instances where the bill
introduced in the state legislature is of following six types.)
(a) When provisions mentioned in the bill violates the constitution (Ultra-
Vires)
(b) When provisions mentioned in the bill oppose Directive Principles of State
Policy
(c) When provisions mentioned in the bill hinders the larger interests of the
country
(d) When provisions mentioned in the bill concern the national importance
(e) When provisions mentioned in the bill mention the acquisition of property
that is dealt with Article 31A in the constitution.
(f) When it effects the Powers/Functions or Working of High Courts. (Read
more about important articles in the Indian Constitution
a) What are the three types of Veto, in India?

 The three types of Vetoes are:

 Absolute Veto
 Suspensive Veto
 Pocket Veto

 Types of Veto

 Absolut  Suspensive Veto  Pocket

e Veto Veto

 The  The power of the  The

power of President/Govern power of
the or to return the the
Presiden bill to the Presiden
 t Parliament with or t
/Govern without /Govern
or to consideration is or to not
withhold called suspensive act upon
the veto the bill is
assent to termed
the bill is as a
termed pocket
as his veto
absolute
veto

 To know the detailed process of how a bill is passed in the Indian Parliament,
candidates may check the relevant articles.

Note: Governor can reserve the bill for the President’s consideration in the following cases:

 When provisions mentioned in the bill violates the constitution (Ultra-Vires)

 When provisions mentioned in the bill oppose Directive Principles of State Policy
 When provisions mentioned in the bill hinders the larger interests of the country
 When provisions mentioned in the bill concern the national importance
 When provisions mentioned in the bill mention the acquisition of property that is dealt
with Article 31A in the constitution. (Read more about important articles in the Indian
Constitution in the linked article.)
Also,

1. An ordinance can be promulgated by him when either the Legislative Assembly or

Council (Unicameral/Bicameral) are not in session. (Read the Ordinance Making Power
of President & Governor in the linked article.)
2. The following reports are laid by him:
1. State Finance Commission
2. State Public Service Commission
3. Comptroller and Auditor General (Concerning the state finance)

Financial Powers of the Governor

The following are the financial powers and functions of the Governor:

1. He looks over the state budget being laid in the state legislature.
2. His recommendation is a prerequisite for the introduction of money bill in the state
legislature
3. He recommends for the demand for grants which otherwise cannot be given.
4. Contingency Fund of State is under him and he makes advances out that to meet
unforeseen expenditure. (Download the notes on the types of funds in India.)
5. State Finance Commission is constituted every five years by him. (Read about
the Finance Commission of India )

Judicial Powers of the Governor

The following are the judicial powers and functions of the Governor:

1. He has the following pardoning powers against punishment:

1. Pardon
 2. Reprieve
3. Respite
4. Remit
5. Commute
2. President consults the Governor while appointing judges of High Court.
3. In consultation with the state High Court, Governor makes appointments, postings, and
promotions of the district judges.
4. In consultation with the state high court and state public service commission, he also
appoints persons to the judicial services.

Read in detail about the pardoning powers of the Governor.

What is the Constitutional Position of Governor?

The Constitutional Position of the governor can be understood by the following articles:

Constitutional Position of the Governor

Article Provision

Article He is the executive head of the state. All the executive functions will be
154 performed by him or by the officers subordinate to him in accordance with
the Constitution

Article He will be aided and advised by the Chief Minister and Council of
163 Ministers unless he is performing a function at his discretion
Note:

 The power to act at his own discretion is a power that is not given to
the President.
 42nd Amendment Act made the advice of the Council of Ministers’
binding on the President but not on the Governor in state

Article Council of Ministers are collectively responsible to the state legislative

164 assembly
Note: This provision is the foundation of the state parliamentary system
The Constitution has mentioned the authority of the governor to decide the validity of his actions
taken at his own discretion in circumstances where his actions are called into action.

Governor’s Discretionary Powers

The Governor of state, unlike the President of India, is conferred with power to act at his own
discretion. There are two categories of discretion for the governor. One is Constitutional
Discretion and the other is Situational Discretion. Read more about the Constitutional Discretion
of Governor in the linked article.

Important Constitutional Articles related to the Governor

IAS aspirants should know the articles in the constitution that are related to the governor:

Articles Provisions
153 Governors of states

155 Appointment of Governor

156 Term of office of Governor

157 Qualifications for appointment as Governor

158 Conditions of Governor’s office

160 Discharge of the functions of the Governor in certain contingencies

161 Power of the Governor to grant pardons and others

175 Right of the Governor to address and send messages to the house or houses
of the state legislature

176 Special address by the Governor

201 Bills reserved by the Governor for consideration of the President

213 Power of Governor to promulgate ordinances

217 Governor is consulted by the President in the matter of the appointments of

the judges of the High Courts

233 Appointment of district judges by the Governor

234 Appointments of persons (other than district judges) to the judicial service of
the state by the Governor