Powers and functions of the Governor: In the Parliamentary executive systems of India, the position of Governor is that of a respectful figure-head, representing the honour and dignity of the people of the states. It has become a fashion to label the Governor as a rubber stamp the impression is that he does nothing but signing the bills brought before him. But there are occasions that offer scope for independent decisions.
When no party enjoys a majority, the power to appoint Chief Minister rests with the governor. In case of sudden demise of the Chief Minister, if the party fails to elect its leader, at the earliest the Governor may appoint a person of his choice as the Chief Minister. Importantly if a government loses majority, and recommends for the dissolution of the house (Vidhana sabha), it is purely left to the governor whether to dissolve or not.
1. The legislative functions are detailed below:
To Summon the session, to Prorogue the session or dissolve the legislature.
The Governor enjoys the power to address the legislature. It is normally done after general elections or the first session of the year. That is called “Governor’* speech”. This inaugural speech outlines the objectives and priorities of the government. Traditionally this speech is prepared by the cabinet but read by the Governor.
In passing the bills, if a lock arises due to non-agreement between two houses of the legislature, the Governor may call for * session of both the houses.
The Governor may address either House of the state legislature or both any time and also may send a message to both the houses to settle an unsettled bill. But, however no Governor so far has neither addressed the house nor sent messages.
In the considered view of the Governor if he is satisfied that the Anglo-Indian community is not adequately represented, he may nominate member to Vidhana sabha.
Governor must seek prior permission of the President while dealing with bills relating to formation of new states, alteration of state boundaries and some special bills like the finance bills.
No bills can become a law without the assent of the Governor. He enjoys the power of withhold a bill. This power is called‘Veto power’. However he can’t refuse his assent for finance bills. But he can withhold assent for non-money bills. But if the same is resubmitted for signature, even without changes, he cannot refuse.
The Governor enjoys the power of issuing Ordinance when the legislature is not in session. It will have the same power and effect similar to that of a law made by the state legislature provided the same is ratified by the legislature within 6 weeks of its passage, otherwise it ceases to be a law and is considered null and void.
2. Executive Functions: The Governor is the administrative head of the state and orders are **** in his name. Article 154 clearly states that “the executive powers of the state must be vested in the hands of the Governor”.
All accords and agreements carried out on behalf of the government of state are done in the name of the Governor.
The Governor has the power to call for any information from the government.
The Governor appoints the Chief Minister and the council of ministers on the recommendation of the Chief Minister.
The member of the State Public Service Commission ( SPSC), Backward Classes Commission (BCC) is appointed by the Governor.
3. Financial powers: The following are the financial functions of the Governor.
It is the constitutional obligation of the Governor to see that the annual income expenditure statement – the budget is placed before state legislature for approval.
Financial bills cannot be presented in state legislature without the consent of the Governor.
The recommendations of the state finance commissions and the planning commission are placed before the legislature on orders of the Governor.
The members of the Finance Commission and Planning Commission are appointed by the Governor.
4. Judicial Powers:
The judicial powers of the Governor extend till the will of the state legislature extends.
The Governor enjoys the power of pardoning the sentence of a person declared an offender by the High Court. He is so powerful that he can reduce change or altogether. cancel the punishment. This power is called Governor’* pardon. This is provided. ensure against any miscarriage of justice. However, the Governor has no power to pardon a person if the case is pending with the Supreme court.
The judges of the High court are appointed by the President in consultation with the Governor and the Chief justice of the high court.
The Governor is entitled to legal advice on matters relating to the constitutional clarity of bills. However, it is not binding on the Governor to accept it.
5. Discretionary Powers: As first citizen of the state, the Governor has the responsibility of conducting the administrative machinery as per the provisions enshrined in the constitution, Article 163 vests the Governor with discretionary power that cannot be questioned in any court of law. Though the powers are discretionary, the constitution expects it to be used with common sense, restraint and a sense of justice.
The discretionary powers of the Governor are as follows:
In appointing the Chief Minister if no party enjoys majority it is left to the discretion of the Governor to call any person to form the government and prove his majority.
On the recommendation of the Chief Minister, Governor can sack a minister (Article 164).
If the Governor believes that the government has lost majority or if the Chief Minister having lost majority does.not resign or if the government is using unethical means for political gains, under these circumstances he can dissolve the Council of ministers. (‘Article 174).
The Governor can return a bill back to legislature for reconsideration.
The Governor can reserve certain bills passed by the state legislature for consideration of the President (Article 200).
Before issuing an ordinance, the Governor can receive directions from the President.
If the Governor is satisfied that a situation has arisen in which the government cannot be run according to provision of the constitution he may request the President to take over the state administration under Article 356. This is called the President’* rule’. The report sent by the Governor to President must be kept confidential from the Council of ministers.
