governor shyam institute

Governor's Discretionary Powers

A) Appointment of Chief Minister:

• In the appointment of the Chief Minister, the Constitution does not prescribe any guidelines for the Governor.
• In a situation where no political party secures an absolute majority in the Legislative Assembly to form a government, the Governor uses his discretion.
• In 1952, after the first general elections, when no party secured an absolute majority in Madras, the "Sri Prakasa tradition" was established by appointing the leader of the largest party as Chief Minister, even without an absolute majority. This tradition is also being followed by the President at the center. However, some governors are violating this tradition.
• In a situation where no party/coalition gets an absolute majority in the Legislative Assembly, the Governor has discretionary power in the appointment of the Chief Minister.

Example: In the Jharkhand Legislative Assembly elections, as no party secured an absolute majority, Governor Syed Sibtey Razi did not give an opportunity to Arjun Munda, who got more seats, and gave the Chief Minister's post to Shibu Soren.

B) Dissolution of the Council of Ministers:

• If the Governor believes that the Council of Ministers has lost confidence in the Legislative Assembly, the Governor can dissolve the Council of Ministers with his discretion. This is entirely based on the Governor's discretion.
• The Governor can order the state government to prove its majority in the Legislative Assembly.

Example: In 1985, Governor Ramlal dismissed the N.T.R. government, which was in power, and appointed Nadendla Bhaskara Rao as Chief Minister. Governor Ramlal dismissed the Council of Ministers without giving N.T.R. an opportunity to prove his majority as Chief Minister.

C) Dissolution of the Legislative Assembly:

• The Governor has powers in the matter of dissolving the Legislative Assembly prematurely.
• When governments in power are frequently falling, and there are no possibilities of forming an alternative government, the Governor can dissolve the Legislative Assembly even before the expiry of the term of the Legislative Assembly.
• The Governor can reject the Chief Minister's advice to dissolve the Legislative Assembly.

Example: In 1994, Governor Krishna Kant rejected N.T.R.'s advice.

D) Recommendation for President's Rule under Article 356:

• It is the Governor's discretion to recommend to the President to impose President's rule in the state when law and order have broken down and the constitutional machinery has failed in the state.

E) Regarding Bills Passed by the State Legislature:

• The Governor can take any decision on the bills passed by the Legislature. That is, he may approve them, or reject them, or send them back for reconsideration.
• The Governor can reserve the bills passed by the State Legislature for the consideration of the President.

Note:

• The Governor can send a bill passed by the State Legislature to the President as per Article 201.
• The President may suggest amendments to the bill sent for presidential assent.
• The State Legislature may or may not consider the amendments suggested by the President.
• However, within six months, the State Legislature must report back to the President.
• When the bills are sent for the second time, the President can take any decision. There is no condition that approval must be given.
• Only in the case of central bills, approval must be given compulsorily if sent for the second time.

Constitutional Provisions Specifying Governor's Special Responsibilities:

• Article 371(A):
  • In Nagaland, the Governor of Nagaland has the power to suppress Naga violent revolts.
  • The Governor can take special measures for the economic development of Nagaland. (These were added through the 13th Constitutional Amendment Act of 1962).
• Article 371(C):
  • The Governors of Assam have discretionary powers over the administration of the tribal areas of those states. (This was added through the 22nd Constitutional Amendment Act of 1969).
• Article 371(G):
  • The President may direct the Governor of Manipur to take special measures related to the development of the hill areas of Manipur. (This was added through the 27th Constitutional Amendment Act of 1971).
• Article 371(D):

  Note:

  Regarding Andhra Pradesh, special provisions for the development of the Telangana region are to be formulated, and the President may instruct the Governor to do so.

  This was added through the 32nd Constitutional Amendment Act of 1974 to implement the 6-point program in the Telangana region and to provide special facilities in education and employment.

• Article 371(E):
  • It is mentioned that a Central University should be established in Telangana for the educational development of Telangana (in 1974). (32nd Constitutional Amendment Act of 1974).
• Article 371(F):
  • The Center has placed special responsibilities on the Governor of Sikkim for the protection of peace and order in Sikkim, for the socio-economic advancement of various communities, and for ensuring equality. (This was added through the 36th Constitutional Amendment Act of 1975).
• Article 371(G):
  • Special provisions related to the state of Mizoram (53rd Constitutional Amendment Act of 1986).
• Article 371(H):
  • Protection of law and order in Arunachal Pradesh is a special responsibility of the Governor (55th Constitutional Amendment Act of 1987).
• Article 371(I):
  • Special provisions related to the state of Goa (56th Constitutional Amendment Act of 1987).
• Article 371(J):
  • The Center has entrusted special responsibilities to the Governor of Karnataka to take special measures for the development of the areas merged into Karnataka state from Hyderabad State. (98th Constitutional Amendment Act of 2012).
  • The Governor of Maharashtra has the power to establish special boards for the development of backward regions in Maharashtra like Vidarbha and Marathwada.
  • The Governor of Gujarat may take special measures for the development of Kutch and Saurashtra regions in Gujarat state.

Cases Related to Governor:

1. S.R. Bommai Case (1994): In its judgment, the Supreme Court ruled that a Council of Ministers must prove its confidence in the Legislative Assembly itself. It is not the personal opinion of the Governor (or) the President.
2. B.P. Singhal Vs Union of India Case: In its judgment, the Supreme Court ruled that a person appointed as Governor should work with dedication and constitutionally, and should be a protector of the constitution and not belong to any political party. It further clarified that the Governor is not an agent or employee of the Central Government, and the Governor should be removed only in very special circumstances.
3. Bihar Assembly (Rabri Devi Government) Dissolution Case (2006): In its judgment, the Supreme Court ruled that the Governor's actions are not completely immune from judicial review. If the Governor acts mala fide in the performance of duties, the courts can invalidate such actions.
4. Regarding Governor's Discretionary Powers: Considering the discretionary powers of the Governor, former Chief Justice of the Supreme Court, Koka Subba Rao, suggested that clear conventions should be formulated regarding the exercise of the Governor's discretionary powers.

Other Aspects:

• The person who served as Governor for the longest period in the country - D.P.C. Alexander.
• The first woman Governor in India - Smt. Sarojini Naidu.
• The first Governor of Andhra Pradesh - C.M. Trivedi.
• The first woman Governor of Andhra Pradesh - Smt. Sharada Mukherjee.

Opinions of Prominent People on Governor System:

• "The Governor system should be directly elected by the people" - B.N. Rau
• "The Governor is the protector of the Constitution and the person who connects the state with the center and protects the unity of the Indian Constitution" - K.M. Munshi
• "There is no need to choose Governors who have no prominence. The method of appointment is the best" - Ambedkar
• "The Governor system, i.e., herself, described as a parrot in a golden cage" - Smt. Sarojini Naidu.
• "If the method of electing the Governor is introduced, there is a danger of creating a crisis by forming two centers of power in the state: the Chief Minister and his Council of Ministers, and the Governor system" - H.V. Kamath
• "Until 1967, due to the dominance of a single party in the center and states, criticisms of the role of Governors were not significant. But after 1967, with the rise of regional party coalitions in various states coming to power, the central government's use of Governor's authority for its own interests to undermine them led to criticisms."
• "Governor's Raj Bhavans are like guest houses that arrange lunch and dinner for visitors" - Bhogaraju Pattabhi Sitaramayya.

Differences between Ordinances Issued by President and Governor:

President	Governor
1) Article 123 specifies it.	1) Article 213 specifies it.
2) When both houses of Parliament are not in session, the President issues ordinances. (Or) Even when one house of Parliament is not in session, the President issues ordinances.	2) When the Assembly is not in session (or) when both houses are not in session (in the case of bicameral legislature), the Governor issues ordinances.
3) Ordinances are issued when the President believes that there is an urgent need to legislate.	3) Ordinances are issued when the Governor believes that there is an urgent need to legislate.
4) The President issues ordinances related to matters under the legislative powers of the Parliament.	4) The Governor issues ordinances related to matters under the legislative powers of the State Legislature.
5) Ordinances can be repealed at any time.	5) Ordinances can be repealed at any time.
6) The President's power to issue ordinances is not discretionary. Ordinances are issued on the advice of the Council of Ministers.	6) The Governor's power to issue ordinances is not discretionary. Ordinances are issued on the advice of the Council of Ministers.
7) Whenever Parliament reconvenes, the ordinances issued by him must be introduced before both houses.	7) Whenever the State Legislature reconvenes, the ordinances issued by him must be introduced before the Legislative Assembly or both houses (in case of bicameral legislature).
8) Ordinances are valid for a period of 6 weeks.	8) Ordinances are valid for a period of 6 weeks.
9) Ordinances can be repealed earlier by a resolution of Parliament.	9) Ordinances can be repealed earlier by a resolution of the Legislature.
10) The President does not need any prior sanction to issue an ordinance.	10) The Governor seeks prior sanctions from the President in the following circumstances to issue an ordinance: Regarding legislations that require the President's permission. Regarding legislations related to bills that need to be reserved for the President. Regarding legislations that require the President's approval.

Powers of President and Governor Regarding Ordinary Bills:

President	Governor
1) Article 111 specifies the President's approval process regarding ordinary bills.	1) Article 200 specifies the Governor's approval process regarding ordinary bills.
2) Every ordinary bill is passed by both houses of Parliament separately or through a joint sitting of both houses and is sent for the President's assent. Then the President can implement any one of the following three alternatives: The President may assent to the bill (The moment the President gives assent, it becomes law). The President may withhold assent to the bill (If the President does not assent, it is not a law). The President may send the bill back to Parliament for reconsideration. When both houses of Parliament amend or pass the bill as it is and send it back to the President, the President must assent to that bill. (This is called Suspensive Veto).	2) Every ordinary bill is passed by the State Legislature/both houses and is sent for the Governor's assent. Then the Governor can implement any one of the following four alternatives: The Governor may assent to the bill. (The moment the Governor gives assent, it becomes law). The Governor may withhold assent to the bill. (If the Governor does not assent, it is not a law). Example: Madhya Pradesh Governor H.V. Pataskar withheld his assent to the Land Revenue Rationalization Bill. The Governor may send the bill back to the Legislature (both houses if bicameral) for reconsideration. When the Legislature amends or passes the bill as it is and sends it back to the Governor, the Governor must assent to that bill. (This is called Suspensive Veto). Example 1: In 2012, the then Governor of Karnataka, H.R. Bharadwaj, returned the Karnataka Land Revenue (Amendment) Bill for reconsideration by both houses. Example 2: Governor returned the Gujarat Private Universities (Amendment) Bill - 2011. The Governor may reserve the bill for the President's consideration. Example: Governor Krishna Kant reserved the bill intended to establish the AP Women's Commission for the President's consideration on April 29, 1997. When President K.R. Narayanan approved it on March 9, 1998, it was published in the Andhra Pradesh Gazette on March 19, 1998, in the form of "AP Women's Commission Act - 1998".
3) According to Article 201, when bills are received from the Governors for the President's consideration, the President has the following three alternatives: The President may assent to that bill (Then it becomes law). The President may withhold assent to that bill (Then it is not a law). The President may send the bill back for consideration to the concerned State Legislature. The State Legislature may amend or pass the bill as it is and directly send it to the President within 6 months. In such a case, the President may or may not assent to that bill. (If the President assents, it becomes law. If not, it is not a law).	3) When the Governor reserves any bill for the President, the Governor no longer has any authority over that bill. According to Article 201, the President may send the bill back for reconsideration to the concerned State Legislature. That Legislature may amend or pass the bill within those months, whether amended or not, and send it directly to the President for approval. (Then Governor's approval is not required). If the President assents to that bill, it becomes law. If not assented, it is not a law. Note: The Constitution does not specify how long the President should approve or reject it.

Powers of President and Governor Regarding Money Bills

President	Governor
4) Money bills are sent for the President's assent after being passed by the Parliament. Then the President has the following two alternatives: The President may assent to the money bill (If the President assents, it becomes law). The President may withhold assent to the money bill. (If the President does not assent, it is not a law). But the President cannot send money bills back to Parliament for reconsideration. Because money bills are introduced in Lok Sabha only with the prior permission of the President. [Article 117(1)]	ii) Money bills are sent for the Governor's assent after being passed by the Legislative Assembly. Then the Governor has the following three alternatives: The Governor may assent to the money bill (If the Governor assents, it becomes law). The Governor may withhold assent. (If the Governor does not assent, the bill is not a law). The Governor may reserve the money bill for the President's consideration, but the Governor cannot send money bills back to the Legislature for reconsideration. Because money bills are introduced in the Legislature only with the prior consent of the Governor. [Article 207(1)]
2) When money bills are received from Governors for the President's consideration, the President has the following two alternatives: The President may assent to the State bill (If the President assents, it becomes law). The President may withhold assent. (If the President does not assent, it is not a law). But the President cannot send state money bills back to the State Legislature for reconsideration.	2) When the Governor sends money bills for the President's consideration, Governors no longer have any authority over those bills. (If the President gives assent, it becomes law, otherwise not). Governor's assent is not required.

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