State Government
* The Constitution of India established a parliamentary system in the states as well, just like at the Center.
* In India, state governments are shadows of the central government.
* Like the President at the Center, the Governor in the state is also a nominal head (Constitution head in name only).
* That is why the President and Governor are treated as de jure sovereigns, while the Prime Minister and Chief Minister are treated as de facto sovereigns (real authorities).
* The Governor in the states plays the same role as the President at the Center.
* Part 6 of the Indian Constitution, Articles 152 to 237, contains provisions related to the legislative, executive and judicial branches of the State Government.
Note. Article 152 defines the definition of states.
* Articles 153 to 167 explain about the Governor's office, appointment, qualifications, removal, powers, and functions.
- → Governor is the first citizen of the state
- → Constitutional head in the state
- → Head of the executive of the state government
- Governor acts as an agent of the central government.
* Article - 153: There shall be a Governor for each state. They act as representatives of the President.
* : By the 7th Constitutional Amendment of 1956, it is possible to appoint one Governor for two or more states at a time.
* Article - 154: All executive powers related to state administration are vested in the Governor. The Governor may exercise state administration either directly or through officers subordinate to them.
* Article - 155: According to the provision, the Governors of the states are appointed by the President. India adopted the method of appointing the Governor from the "Canadian Constitution".
Special Explanation:
* The Draft Constitution originally contained a provision for electing the Governor directly by universal adult suffrage.
* But in the discussions held in the Constituent Assembly, the method of appointing the Governor was appreciated by Dr. B.R. Ambedkar, while B.N. Rau appreciated the method of electing the Governor, but the Constituent Assembly prioritized the present method of appointment by the President.
Reasons for this are-
- Direct election of the Governor is contrary to the parliamentary system established in the states.
- If the Governor is elected separately by the people, he may consider himself superior to the Chief Minister. Because the Chief Minister is directly elected by the people from only one constituency.
- Disputes may arise between the Chief Minister and the Governor.
- The Chief Minister may try to get a person of his choice nominated as Governor and get him to contest for this post. Then a second-tier leader in the ruling party may be elected as Governor.
- If the Governor and the Chief Minister belong to different political parties, disputes may arise between them.
Some Traditions in Governor Appointment:
* A person should not be appointed as Governor of his own state. However, H.C. Mukherjee was appointed as Governor of his own state, West Bengal.
Colonel Shibar belonging to Punjab, Ujjal Singh belonging to Punjab, and Ujjal Singh belonging to West Bengal were not appointed as Governors of their respective states.
* The Chief Minister of the concerned state should be consulted at the time of appointing the Governor.
* When "Nityananda Kanungo" of Bihar was appointed as Governor of Bihar state, the state government was not consulted.
When Bezwada Gopala Reddy belonging to AP was appointed as Governor of Uttar Pradesh, the Center did not consult any state government.
Note: 1. Sarkaria Commission recommended that the state government should be mandatorily consulted at the time of Governor's appointment.
2. A person should not have active politics for at least 2 years prior to being appointed as Governor.
* Article - 156 - Explains about the term of office.
* Article - 156 (1) - The Governor may continue in office until the pleasure of the President.
* Article - 156 (2) - The Governor submits his resignation letter to the President.
* Article - 156 (3) - The Governor shall hold office for a term of 5 years from the date on which he enters upon his office. However, this 5-year term is at the pleasure of the President.
The President may transfer Governors from one state to another. The President may extend the term of office of the Governor.
Governor's Removal:
* The Governor is removed by the President. (On the advice of the Union Council of Ministers)
* The Constitution does not mention any reasons for removing the Governor.
* The Governor cannot be removed by the State Legislature through a no-confidence motion.
* Governor's term of office is not secure.
* Governor holds office at the pleasure of the President.
In 2010, the Supreme Court held in B.P. Singhal vs. Union of India case that removing the Governor without proper reasons even if the Governor's conduct is improper and involved in any irregularities is unconstitutional.
Governor, Attorney General, Union Ministers continue in office as long as the President pleases.
Note: In some unforeseen circumstances mentioned in the Constitution, the President may make such arrangements as are necessary for the discharge of the functions of the Governor.
Ex: When the Governor dies while holding office, the Chief Justice of the State High Court may temporarily perform the functions of the Governor.
Article - 157:
A person to be appointed as Governor must have the following qualifications:
- Must be a citizen of India
- Must have completed 35 years of age.
Article - 158: Conditions
Article - 158(1):
A person to be appointed as Governor should not be a member of either House of Parliament or the State Legislature. If such a person is appointed Governor, his membership in the said House shall be deemed to have been vacated from the date of his appointment.
Article - 158(2):
The Governor should not hold any office of profit.
Article - 158(3):
The Governor's salaries and allowances are determined by Parliament by law. Their salaries and allowances are paid as per the Second Schedule until they are changed.
Article - 158 (3A):
This was inserted in the Constitution by the 7th Constitutional Amendment Act (1956). In the case of a person appointed as Governor for two or more states at the same time, the decision of the President is final on the salaries and allowances to be paid jointly by the respective states.
Article - 158(4):
The Governor's emoluments and allowances shall not be diminished during his term of office.
- Governor's salaries and allowances shall not be reduced.
- Currently Governor's salary - ₹3,50,000 (per month)
- Governor's salaries and allowances are paid from the Consolidated Fund of the State.
- The official residence of the Governor is called 'Raj Bhavan'.
Article - 159:
* Governors take oath of office in the presence of the Chief Justice of the State High Court. If they are not present, the oath is administered in the presence of the acting Chief Justice.
* A person taking oath as Governor swears in the name of God that he will faithfully discharge his duties as Governor, to the best of his ability to preserve, protect and defend the Constitution and the law, and to devote himself to the service and well-being of the people of the State.
Governor's Powers: -
Governor's powers can be broadly classified into 2 types.
- Ordinary Powers
- Discretionary Powers
Note: Governor does not have diplomatic and military powers that the President has.
Ordinary Powers: -
* Article- 154. Article 154 deals with the executive powers of the Governor. He exercises these powers either directly or through subordinate officers.
Mainly, all appointments in the state are made in the name of the Governor.
Article - 164(1):
- * The Chief Minister is appointed by the Governor. And on the advice of the Chief Minister, the Governor appoints other ministers.
- * In the states of Madhya Pradesh, Jharkhand, Chhattisgarh, Odisha, it is mandatory to create a Tribal Welfare Ministry. However, according to the 94th Constitutional Amendment (2006), Chhattisgarh and Jharkhand were added instead of Bihar.
Article - 165:
Governor is the one who appoints the State Advocate General.
Article - (243 K): Governor appoints the State Election Commission.
Article - 243(I): Governor appoints the State Finance Commission.
Article - 316(1): Governor appoints the Chairman and members of the State Public Service Commission.
Article - 233:
- * District Sessions Court Judges are appointed by the Governor.
- * In this matter, the Governor takes a decision in consultation with the State High Court.
Other Matters:-
* Governor acts as Chancellor of State Universities. And appoints Vice-Chancellors to Universities.
* State Human Rights Commission - Chairman and members are appointed by the Governor.
* Governor appoints Chairpersons and members to State SC, ST, BC, Minority Commission, Women's Commission.
* Governor appoints Lokayukta to inquire into corruption allegations against senior officials in the state government.
Legislative Powers: -
Article - 168: Article 168 explains about the State Legislature. State Legislative Council, Legislative Assembly and Governor together are referred to as Legislature. Governor is an integral part of the State Legislature but not a member of the Legislature.
Article – 200:
A bill passed by the State Legislature does not become law without the Governor's assent. Article 200 explains about the Governor's assent.
Article - 171(5):
The Governor nominates ⅙ of the members to the Legislative Council from persons having special knowledge in the fields of arts, literature, science, social service, co-operative sector and nominates them to the Legislative Council.
Article - 333:
He nominates one Anglo-Indian to the Legislative Assembly. This reservation for them has been extended up to 2020 through the 95th Constitutional Amendment.
Note: The 104th Constitutional Amendment Act, 2009 abolished the practice of nominating Anglo-Indians.
Article - 174:
The Governor has the power to convene the sessions of the State Legislature, prorogue and dissolve the State Legislative Assembly.
Article - 175:
The Governor has the power to convene and address either House of the Legislature or both Houses together.
Article – 176: Article 176 explains about the Governor's special address in the Legislature.
* Governor addresses the first session of the new Legislature formed after general elections and the first session held every year.
Article - 188:
Legislators must take oath in the presence of the Governor. Or take oath in the presence of an officer appointed by them.
Article - 192.
* The Governor has the power to declare members of the Legislature disqualified. Governor disqualifies legislators on grounds of office of profit or when courts find legislators guilty or for other personal reasons.
Consultation with the Central Election Commission is mandatory in this regard. The Governor must necessarily follow the recommendation made by the Election Commission in this regard.
Ordinance Issuing Power (Declaration (213) •
* When the Legislature is not in session, the Governor issues ordinances due to administrative exigencies.
* These ordinances have the same value as ordinary laws.
* Ordinances promulgated by the Governor must be approved by the State Legislature within 6 weeks of the Legislature reassembling. Otherwise, the ordinance expires.
* Therefore, the maximum period of validity of an ordinance is 6 months and 6 weeks (7½ months / 222 days)
* Governor may withdraw/repeal the ordinance in the middle of its term.
* Even if the Legislative Council does not approve the ordinance, if the Legislative Assembly approves, it becomes law.
* When the bills passed by the State Legislature go to the Governor, the Governor may take the following actions.
- a) May give his assent to the bill.
- b) May send the bill back for reconsideration (except money bills)
- c) May withhold the bill with himself.
- d) The Governor may send the bill for the President's assent. However, if the Assembly passes the bill again, with or without amendments, the State Governor must necessarily assent to that bill.
* In the following circumstances, the State Governor must send the bills to the President for consideration. Those are
- a) Matters related to the State High Court
- b) If it is against the Directive Principles
- c) If it is in violation of the Constitution and constitutional laws
- d) If it is of national importance for the benefit of the country
e) In the above circumstances, as per Article 31 (A), the President may assent to the bills or reconsider (or) reject them.
-x The State Finance Commission, the State Public Service Commission and the CAG reports of Raju accounts are sent by the Governor to the State Legislature.
Note: In case of disagreement between the two Houses in the matter of Bills, the Governor has no power to convene a joint sitting of both Houses.
Financial Powers:
Article - 202(1):
The State Budget has to be introduced in the Legislative Assembly with the permission of the Governor.
Article - 207:
Money Bill shall be introduced in the Legislative Assembly only with the permission of the Governor
Article - 267:
The State Contingency Fund shall be under the control of the Governor.
Article -203:
- * No demand for grants shall be made except on the recommendation of the Governor.
- * No new taxes shall be levied without the permission of the Governor. Neither reduced nor changed.
- * The State Finance Commission may be appointed once every 5 years
- * CAG Audit Report relating to the accounts of State Government expenditure, if submitted to the Governor, the Governor shall lay it before the Legislature.
Judicial Powers:
Article - 161:
- * Governor has judicial powers to grant pardon.
- * What type of pardon power does the Governor have?
- 1) Pardon - Pardon
- 2) Commutation - Change in sentence, Death sentence to life imprisonment
- 3) Remission – Changing the sentence period
- 4) Respite - Temporary relief (from sentence)
- 5) Reprieve - Postponement of execution of sentence
* Governor has no power to grant pardon in case of death sentence.
* There is no opportunity to grant pardon in case of sentences imposed by military courts.
* Governor's judicial powers are limited to the territory of that state.
* Governor cannot exercise judicial power in case of sentences imposed for violating central government laws and administrative matters.
* Governor exercises his judicial powers in accordance with the advice of the State Council of Ministers
* The judiciary has the power to judicially review the Governor's judicial powers.
Article - 217(1):
* The President consults the Governor when appointing High Court judges.
* High Court judges take oath in the presence of the Governor.
Other Powers: -
Article-361:
- * Governors have some special exemptions.
- * No criminal cases should be filed against the Governor while in office
- * Governor shall not be arrested while in office.
- * Even if any civil cases are to be registered, notice must be given at least 2 months in advance.
- * Decisions taken by the Governor during his tenure cannot be challenged before any court in the subsequent period.
- * Governor sends a report to the President once every 15 days on matters relating to state administration.
- * Governor may act as President of the Red Cross Society in the state.
* It is mandatory for the President of India to consult the Governor of the concerned state before declaring any area as a Scheduled Area.
Article- 258:
The Center consults the Governor of that state in advance when entrusting any constructional administrative functions to the states.
Article – 342:
Before declaring the list and definition of Scheduled Tribes and Castes, the President consults the Governors of the concerned states.
* Governor and Attorney General work on the doctrine of presidential pleasure.
* Governors cannot be removed by the State Legislatures through a no-confidence motion.
* Governor's permission may be granted for setting up special commissions to inquire into corruption allegations against the Chief Minister or the State Government.
*After 1967, the Governor system became controversial.
* The President presides over the Governors' Conference held in the country.
* Recently, the 48th Governors' Conference in Delhi was organized under the chairmanship of the President (2017)
Note :- In the case between Mahendra Singh VS State of Punjab, the Supreme Court ruled that in the context of the Governor granting pardon, judicial review by the High Court is limited because in cases where reasonable grounds and grounds are not shown and similarly in cases of abuse of power, the Supreme Court stated in its judgment that the Supreme Court will review the Governor's pardon decision.
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