The Governor serves as the constitutional head of a state in India, embodying the state’s executive authority. While the Governor’s role is largely ceremonial, the Constitution of India entrusts the office with significant executive powers, primarily exercised on the advice of the Council of Ministers led by the Chief Minister. These powers are pivotal for the state’s governance and administration.

MEANING, DEFINITION & EXPLANATION

The Governor’s executive powers encompass the authority to execute decisions, make appointments, and oversee the state’s administrative functions. As per Article 154 of the Constitution, the executive power of the state is vested in the Governor and is exercised either directly or through officers subordinate to him, in accordance with the Constitution. This provision establishes the Governor as the nominal executive head, with real executive authority residing with the elected Council of Ministers.

HISTORICAL BACKGROUND / EVOLUTION

The role of the Governor in India has its roots in the colonial era, where Governors acted as representatives of the British Crown, wielding substantial authority. Post-independence, the framers of the Constitution retained the position, redefining it to fit the democratic framework. The Governor was envisioned as a constitutional head, ensuring the state’s governance aligns with constitutional provisions and acting as a liaison between the state and the central government.

LEGAL PROVISIONS / PROCEDURE / SPECIFICATIONS / CRITERIA

Several constitutional articles delineate the Governor’s executive powers:

• Article 154: Vests the state’s executive power in the Governor.
• Article 155: Provides for the appointment of the Governor by the President.
• Article 156: Specifies the term of office and conditions under which the Governor holds office.
• Article 163: Mandates that the Governor act on the aid and advice of the Council of Ministers, except in matters where discretion is permitted.
• Article 166: Stipulates that all executive actions of the state government are to be taken in the Governor’s name and allows the Governor to make rules for the more convenient transaction of the business of the government.

POWERS AND FUNCTIONS OF THE GOVERNOR

1. Appointment Powers:

   • Chief Minister: The Governor appoints the Chief Minister, typically the leader of the majority party in the Legislative Assembly. In situations where no clear majority exists, the Governor’s discretion becomes crucial in appointing a candidate who can potentially command the Assembly’s confidence. This was evident in the case of Mahabir Prasad v. Prafulla Chandra, where the Governor’s discretion in appointing the Chief Minister was upheld.

   • Council of Ministers: On the advice of the Chief Minister, the Governor appoints other ministers. The Council of Ministers is collectively responsible to the Legislative Assembly.

   • Advocate General: The Governor appoints the Advocate General for the state, who provides legal advice to the government.

   • State Election Commissioner: Responsible for overseeing municipal and panchayat elections, the State Election Commissioner is appointed by the Governor.

   • Vice-Chancellors of State Universities: The Governor, often designated as the Chancellor of state universities, appoints Vice-Chancellors, playing a pivotal role in higher education administration.

2. Administrative Powers:

   • Executive Actions: All executive actions of the state are formally taken in the Governor’s name, as stipulated by Article 166 of the Constitution. This includes issuing orders, notifications, and other official documents.

   • Rule-Making Authority: The Governor can make rules for the more convenient transaction of the business of the state government and for the allocation of such business among the ministers.

   • Seeking Information: The Governor has the right to be informed of all decisions of the Council of Ministers relating to the administration and proposals for legislation.

3. Discretionary Powers:

   • Reservation of Bills: The Governor can reserve certain bills passed by the state legislature for the President’s consideration, especially if they conflict with the Constitution or the larger interests of the country.

   • Dissolution of Legislative Assembly: The Governor may dissolve the Legislative Assembly on the advice of the Chief Minister. However, in situations where the government loses majority support, the Governor’s discretion is pivotal in deciding whether to dissolve the Assembly or invite an alternative government formation.

   • Report to the President: Under Article 356, if the Governor believes that the state’s governance cannot be carried out per constitutional provisions, they can report to the President, potentially leading to President’s Rule in the state. The Supreme Court, in the S.R. Bommai v. Union of India case, emphasized that such reports are subject to judicial review to prevent misuse.

CASE LAWS / PRECEDENTS

• S.R. Bommai v. Union of India (1994): This landmark judgment curtailed the arbitrary dismissal of state governments under Article 356. The Supreme Court ruled that the imposition of President’s Rule is subject to judicial review, ensuring that the Governor’s report recommending such action must be based on relevant material and not on whims.

• Rameshwar Prasad v. Union of India (2006): The Court invalidated the dissolution of the Bihar Assembly, stating that the Governor’s recommendation was based on extraneous considerations. This case underscored the principle that the Governor’s actions should align with constitutional morality and not be influenced by political biases.

• Shamsher Singh v. State of Punjab (1974): The Supreme Court held that the Governor, like the President, is bound by the aid and advice of the Council of Ministers, except in situations where the Constitution explicitly provides for discretion.