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Powers, Functions and Roles of the Governor Onvdqr, Etmbshnmr `mc Qnkdr ne sgd Fnudqmnq 2 Edited by Shubhendu Anand Research Fellow Dr. Syama Prasad Mookerjee Research Foundation Bnudq Cdrhfm & K`xnts Pravin Abhishek Cq. Rx`l` Oq`r`c Lnnjdqidd Qdrd`qbg Entmc`shnm 9, @rgnj` Qn`c, Mdv Cdkgh- 110001 Vda: vvv.rolqe.nqf, D-l`hk: neehbd~rolqe.nqf, Ognmd: 011-23005850 Onvdqr, Etmbshnmr `mc Qnkdr ne sgd Fnudqmnq 3 Powers, Functions and Roles of the Governor he post of governor of a state is of General of India was granted the power to issue immense importance in our political ordinances and veto any Bill. The overriding system. It is considered as one of the powers of the Governor General of India with pSivotal parts of “checks and balances” that our respect to legislature continued even after the democracy is proud of. Powers and functions enactment of the Government of India Act, 1935, bestowed upon the governors and which provided for a provincial executive lieutenant-governors of the states and union consisting of the Governor and Council of territories of India are similar in nature to that Ministers to advise him. of the President of India at Union level. Being de • jure head of the state government, all its The Governor of a province was executive actions are taken in the governor's provided with 3 types of powers: name. While the President of India is ‘elected’, 1. Discretionary the governor is ‘selected’ by the existing central government via imperative processes. 2. Powers exercised in his individual judgment and @ knnj `s sgd ghrsnqx ne sgd nqhfhm 3. Powers to be exercised on the advice ne sgd neehbd ne Fnudqmnq hm Hmch` of the Ministers • The origin of the office of the Governor • With the enactment of the Indian in India, as we know it today, can be traced to Independence Act, 1947, India was divided into the advent of the “East India Company” to India. two independent dominions. Both the two The word “Governor” is historically also Dominions were to have a Governor General associated to the Portuguese “Afonso de each who was to be appointed by the King of Albuqerque” who held the position of Governor England as his representative. and Captain General in India in the year 1509. • Originally, the Provincial Constitution • Further, with the issuance of the charter Committee of the Constituent assembly had of 1601 by Queen Elizabeth –I, Governor was recommended that the governor should be bestowed with the legislative powers to make, directly elected by the people of the state. The ordain and constitute such laws, orders and proposal of an elected governor was criticized ordinances as required for the Governance of on the ground that the presence of two persons the East India Company. in the government namely the Governor and the chief minister, each deriving his mandate from • With the transfer of power from the the people, might lead to friction. East India Company to the British Crown through the Government of India Act, 1858 as • While the Constitution was being enacted by the British Parliament, the Governor framed and discussed upon, Sardar Patel sought vvv.rolqe.nqf Onvdqr, Etmbshnmr `mc Qnkdr ne sgd Fnudqmnq 4 to make it explicit that “special powers” States endowed upon the Governor would not create • dissonance between him and the ministry. He Article 164(1) of the Constitution of India stressed that there would be no “invasion of the empowers the Governor to appoint the Chief field of ministerial responsibility”. The “special Minister. However, like the discretion of the powers” would primarily be limited to sending president in the appointment of the Prime a report to the Union President when “a grave Minister, the Governor’s discretion in the emergency arose, threatening menace to peace appointment of Chief Minister is conditioned by and tranquillity”. At one point there was also an an essential form of Parliamentary form of argument put forward that the governor should Government that the Council of Ministers shall be elected directly by the people of that province, be collectively responsible to the State legislative but it did not find assent. Jawaharlal Nehru had assembly. This means that the leader of a party emphasized that this post could be utilized to which commands majority in the legislative bring distinguished people from eclectic assembly is eligible for appointment as Chief backgrounds as well as academics into the field Minister, and the Governor is bound to request of public service, as they might not have him to form the Government. If there is no party necessary expertise or zest for winning an commanding a clear majority in the legislative election. assembly, the Governor may exercise his discretion in the appointment of Chief Minister according to his personal assessment of the Qnkd, Etmbshnmr `mc Onvdqr ne sgd situation at that time. Fnudqmnq `r dmrgqhmdc hm sgd • Article 72 of the Constitution of India Bnmrshstshnm ne Hmch` could be reconciled with Article 161 by limiting the power of the Governor to grant pardons to • As provided by Articles 155 and 156 of the cases not covered by Article 72. If so read, the existing Constitution of India, Governors of the President alone has the exclusive powers to States are appointed by the President of India grant pardons, reprieves, and respites in all and are answerable to him and hold their offices cases where the sentence is a sentence of death during the pleasure of the President of India and both the President and the Governor have • The Governor, thus, is an appointee of concurrent powers in respect of Pardon, the Central Government in the State, and, in so Suspension, remission and commutation of a far as he acts in his discretion, he shall be sentence other than that of death. In other answerable to the Union Government. matters, that is in respect of offences against any law relating to a matter to which the • Except in matters in which the executive power of the State extends, the Governor is required by or under the Governor has all the powers enumerated in Constitution to exercise his function in his Article 161 of the Constitution of India including discretion, the Governor is the Constitutional or the power to grant pardons, reprieves and formal head of the State and he exercises all his respites. powers and functions on the aid and advice of his council of Ministers. This is so because our • To put it briefly, the Power of Governor Constitution embodies generally the to grant pardons, reprieves and respites in all Parliamentary or Cabinet system of Government cases where the sentence is not a sentence of of the British Model both at the Union and the death, and to suspend, remit or commute the sentence of any person, is co – extensive with vvv.rolqe.nqf Onvdqr, Etmbshnmr `mc Qnkdr ne sgd Fnudqmnq 5 the executive power of the State. It, therefore, powers but the Governor has certain follows that the Governor has the power to grant discretionary powers under Article 163(2) of the a pardon or remit the sentence of a person who Constitution of India. is transported for life. • In contrast to Article 74, even though • In a 5 Judge Bench, the Supreme Court Article 163 similarly provides that the Governor of India has held in BP Singhal v. Union of India of a State is to exercise his functions in ((2010) 6 SCC 331) that the role of the Governor consonance with the aid and advice tendered to of a State is to function as a vital link or bridge him by the council of Ministers with the Chief between the Union Government and the State Minister as the head, yet Article 163(2) confers Government. He is required to discharge the discretionary powers with the Governor when it functions relate to his different roles is so expressly mandated by or under the harmoniously, assessing the scope and ambit of Constitution. each role properly. • To a limited extent Article 163(2) • A Governor of a State has dual role. The authorizes Governor to act in his own discretion first is that of a Constitutional head of the State and in that sense there is a clear distinction bound by the advice of his Council of Ministers. between the power vested in the President and The second is to function as vital link between the power vested in the Governor. the Union Government and the State • Government. In certain special or emergent Governor should act as per the will or situations, he may also act as a special advice of the majority party only when the same representative of the Union Government. is in accord with the Constitution and the laws. (B.R. Kapur v. State of T.N. & Another (2001 7 SCC • The Governor of a State is neither an 231)) employee of the Union Government nor the agent of the party in power nor required to act Onvdqr `mc etmbshnmr ne sgd under the dictates of political parties. His office is not subordinate or subservient to the Fnudqmnq Government of India. The Governor of the State, like the President, • He is constitutionally the head of the is entitled to specific powers. They are- State in whom is vested the executive power of • Legislative – affiliated with ordinance- the State and without whose assent there can be making and State Legislature; no legislation in exercise of the legislative power of the State. The fact that the Governor holds • Executive – affiliated with office during the pleasure of the President does administrative appointments and discharge; not make the Government of India an employer • Judicial – affiliated with power to grant of the Governor.
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