Governor of State in India
The Governor of the State of India has similar powers and functions at the state level as those of the President of India. The is also called Rajyapal.
He/She is the titular head of the state and the agent of the centre as the Union government nominates of Governor in each state.
Article 163
There shall be Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion.
- The executive power of the state is vested Governor and all executive action in the state taken in the name of the governor.
- But he has to act as the nominal head of the state due to parliamentary system.
- As per article 153, there shall be governor for each state.
- But an amendment of 1956 makes it appointed of the governor for two or more states.
- The governor is not elected but appointed by the President and hold office at the pleasure of the president.
Here’s a table explaining Article 163 of the Indian Constitution:
| Aspect | Details |
|---|---|
| Article Number | 163 |
| Title | Council of Ministers to aid and advise the Governor |
| Key Provisions | – There shall be a Council of Ministers, headed by the Chief Minister, to aid and advise the Governor. – The Governor must act in accordance with the advice provided by the Council of Ministers, except in matters where the Constitution requires the Governor to act at their own discretion. |
| Governor’s Discretion | – The Governor has discretionary powers in certain situations, such as the selection of a Chief Minister in a hung assembly or sending a report to the President under Article 356. |
| Scope of Application | Applicable to all states in India. |
| Significance | – Ensures that the Governor, though the nominal head, acts on the advice of the elected Council of Ministers. – Maintains the principle of parliamentary democracy at the state level. |
| Judicial Interpretation | – The discretionary powers of the Governor under Article 163 have been debated in several court cases, such as Samsher Singh v. State of Punjab (1974), which clarified that the Governor’s discretion is limited. |
Eligibility of Governor
| Aspect | Details | Relevant Article |
|---|---|---|
| Citizenship | Must be a citizen of India. | Article 157 |
| Age | Must have completed 35 years of age. | Article 157 |
| Office of Profit | Should not hold any office of profit under the Government of India, any state government, or any local authority. | Article 158(2) |
| Dual Governorship | A Governor can be appointed for more than one state simultaneously. | Article 153 |
| Membership of Legislature | Should not be a member of either House of Parliament or a State Legislature at the time of appointment. If they are, they must vacate the seat upon appointment. | Article 158(1) |
| Other Restrictions | – Cannot hold any other office. – Cannot perform professional practices such as being part of a trade or business. | Article 158(2) |
| Term of Office | Holds office for a term of five years but can continue in office until a successor is appointed. | Article 156 |
| Conditions of Office | – Entitled to an official residence without paying rent. – Salary and allowances are determined by Parliament and charged to the Consolidated Fund of India. | Article 158(3) |
Term of Governor
- The normal term of governor’s office shall be five years.
- Governor continues in office till his successor joins the office.
- Governor may lose his office by resignation or the dismissal by the president.
- Governor gets his salary from the Consolidated Fund of the state which is non-votable in the State Legislature.
- No Fixed Removal Process: The Governor does not have a fixed removal process like impeachment but serves at the President’s discretion.
- Tenure Flexibility: While the term is specified as five years, it is not rigid due to the “pleasure of the President” clause.
- Multiple States: A Governor can be appointed for more than one state simultaneously (Article 153).
| Aspect | Details | Relevant Article |
|---|---|---|
| Tenure | The Governor holds office for a term of five years from the date of assuming office. | Article 156(3) |
| Continuance Beyond Term | The Governor continues to hold office beyond the five-year term until a successor is appointed. | Article 156(3) |
| At the Pleasure of the President | The Governor serves at the pleasure of the President of India and can be removed at any time without reason. | Article 156(1) |
| Resignation | The Governor can resign at any time by submitting a written resignation to the President. | Article 156(2) |
| Reappointment | A Governor is eligible for reappointment or appointment as Governor of another state. | Convention |
Power and Functions of the Governor
- The Governor is the head of the state executive and has enormous powers.
- In the exercise of functions and powers, the Governors, except in some case is to be guided by a council of ministers headed by Chief Minister under Article 163.
- The powers of the governor are divided into six, that are Executive, Legislative, Financial, Judicial, Discretionary and Miscellaneous Powers.
Executive Powers of Governor
- All executive actions of the state government are formally taken in the name of the governor.
- Governor appoints the Chief Minister and other ministers. They also hold office during his pleasure.
- Governor appoints the Advocate-General of the state and determines his remuneration. The advocate general holds his office during the pleasure of the governor.
- Governor appoints the State Election Commissioner and determines his condition of service and tenure of office.
- Governor appoints the Chairman and Members of the State Public Service Commission. But they can be removed only by the President and not by the Governor.
- Governor can seek any information relating to the affairs of the state and the proposals for legislation from the Chief Minister.
- Governor can require the Chief Minister to submit for the consideration of the council of ministers on any matter.
- Governor cam make rules specifying the manner in which the orders and other instruments made and executed in governors name, shall be authenticated.
- Governor can make rules for the more convenient transaction of the business of the government and for the allocation among the ministers of the said business
- Governor can recommend for the imposition of President’s rule in the state to the President under Article 356. During such rule, the governor enjoys extensive executive powers as an agent of the President.
Legislative Powers of Governor
- Governor is an integral part of the state legislature. But he is not a member in either house of the legislature.
- In this capacity the governor enjoys the following legislative powers:
- Governor has the right to summon or prorogue the state legislature and dissolve the State Legislative Assembly.
- Governor can address the state legislature at the commencement of the first session after each general election and the first session of each year.
- the governor can send messages to the house of the state legislature relating to a bill pending in the legislature.
FAQ
1.Who is rajyapal in India?
- Rajyapal in India are the governors of state, who is titular head of the state.