Role of Governor in Indian Constitution: Powers, Functions & Controversies

[music] >> Let's now look at the role of the governor, which is there in articles 153

to 162 in the Indian Constitution. The executive power of the state is vested in the governor, but is exercised

by the Council of Ministers. So, the governor is the constitutional or the nominal head of the state

appointed by the President of India by article 155 acts as a link between the Union and the

state and holds office during the pleasure of the President, article 156.

Let's look at now the role and the powers of the governor. First is the executive role.

The governor appoints the Chief Minister other ministers on the CM's advice, the Advocate General

the State Election Commissioner the State Information Commissioner as per law.

It is the governor who administers the state in the name of the governor and receives reports from the Chief

Minister. In practice, these powers are formal, exercised on ministerial advice.

Secondly, let's look at the legislative role. It is the governor who summons,

prorogues, and dissolves the state legislature. He or she addresses the first session of

the legislature after the elections nominates members to the Legislative Council where it's applicable.

He or she also gives assent to bills can give assent, can withhold assent can return the bill except for money bill,

and can also reserve the bill for President's consideration. Thirdly, let's look at the financial

role. The state budget is presented in the name of the governor.

Money bills can be introduced only with the governor's recommendation. The governor operates the contingency

fund of the state. Fourth, let's look at the judicial role. The governor appoints the judges of

district courts in consultation with the high court. Has the power to grant pardons,

reprieves, respite, and remissions for offenses against state laws. Article 161.

Fifthly, the governor also has discretionary powers. The governor can act without ministerial advice in

certain situations. Like the appointment of a CM in the hung assembly, the recommendation of

president's rule, Article 356, reserving certain bills for the president when no party commands a clear

majority. These powers, mind you, are the most controversial.

Let's also look at the role of the governor during a constitutional crisis. The governor acts as a constitutional

sentinel. He or she sends reports to the president on the breakdown of the constitutional machinery, and this can

trigger central intervention. Now, we can ask that is the governor a nominal head or a real power?

In normal times, the governor is a nominal head, acts on advice. But in exceptional times, the governor

exercises discretion. The Supreme Court has clarified that discretion must be limited,

reasoned, and not arbitrary. Certain important Supreme Court judgments in this area are

Shamsher Singh versus the state of Punjab, 1974, which put down that the governor must act on aid and advice of

the Council of Ministers. S.R. Bommai versus the Union of India 1994, which said that the misuse of

Article 356 should be curbed and the Governor's report needs to be subject to judicial review.

Nabam Rebia versus Deputy Speaker 2016, which put down that the Governor cannot act independently in legislative matters

except where the Constitution permits. Now, there has also been criticism of the Governor's role

because there are allegations of political bias, Center's interference in state affairs.

The Governor's role can lead to misuse of discretionary powers, the lack of security of tenure.

And so, the suggested reforms in the Governor's office are fixed tenure, appointment in consultation with the

state, clearer definition of discretionary powers, and code of conduct for the

Governors. Nonetheless, we can conclude that the Governor is envisaged in the

Indian Constitution as a neutral constitutional head who ensures smooth functioning of state

governance. But controversies arise when discretionary powers are perceived to

undermine federal principles. >> [music]