DEPARTMENT OF SOUTH AND CENTRAL ASIAN

STUDIES

TERM PAPER
TOPIC: GOVERNOR,S POSITION IN THE
CONSTITUTION.
PAPER: Indian Government and Politics (POL.551)

SUBMITTED TO SUBMITTED BY

DR. BAWA SINGH KOTUB UDDIN AHMED

ASSOCIATE PROFESSOR & Hod 19MAPLSC14

The post of governor of a state is of immense importance in our political

system. It is considered as one of the pivotal parts of “checks and balances” that
our democracy is proud of. Powers and functions bestowed upon the governors
and lieutenant-governors of the states and union territories of India are similar
in nature to that of the President of India at Union level. Being de jure head of
the state government, all its executive actions are taken in the governor's name.
While the President of India is ‘elected’, the governor is ‘selected’ by the
existing central government via imperative processes.

ORIGIN OF THE GOVORNOR POST IN INDIA

 The origin of the office of the Governor in India, as we know it today,

can be traced to the advent of the “East India Company” to India. The
word “Governor” is historically also associated to the Portuguese
“Afonso de Albuqerque” who held the position of Governor and Captain
General in India in the year 1509.
 Further, with the issuance of the charter of 1601 by Queen Elizabeth –I,
Governor was bestowed with the legislative powers to make, ordain and
constitute such laws, orders and ordinances as required for the
Governance of the East India Company.
 With the transfer of power from the East India Company to the British
Crown through the Government of India Act, 1858 as enacted by the
British Parliament, the Governor General of India was granted the power
to issue ordinances and veto any Bill. The overriding powers of the
Governor General of India with respect to legislature continued even after
the enactment of the Government of India Act, 1935, which provided for
a provincial executive consisting of the Governor and Council of
Ministers to advise him.
 The Governor of a province was provided with 3 types of powers:
1. Discretionary
2. Powers exercised in his individual judgment and
3. Powers to be exercised on the advice of the Ministers
 With the enactment of the Indian Independence Act, 1947, India
was divided into two independent dominions. Both the two
Dominions were to have a Governor General each who was to be
appointed by the King of England as his representative.
  Originally, the Provincial Constitution Committee of the Constituent
assembly had recommended that the governor should be directly elected
by the people of the state. The proposal of an elected governor was
criticize on the ground that the presence of two persons in the government
namely the Governor and the chief minister, each deriving his mandate
from the people, might lead to friction.
 While the Constitution was being framed and discussed upon, Sardar
Patel sought to make it explicit that “special powers” endowed upon the
Governor would not create dissonance between him and the ministry. He
stressed that there would be no “invasion of the field of ministerial
responsibility”. The “special powers” would primarily be limited to
sending a report to the Union President when “a grave emergency arose,
threatening menace to peace and tranquillity”. At one point there was also
an argument put forward that the governor should be elected directly by
the people of that province, but it did not find assent. Jawaharlal Nehru
had emphasized that this post could be utilized to bring distinguished
people from eclectic backgrounds as well as academics into the field of
public service, as they might not have necessary expertise or zest for
winning an election.
ROLE, FUNCTION AND POWERS OF THE GOVERNOR AS
ENSHRINED IN THE CONSTITUTION OF INDIA
 As provided by Articles 155 and 156 of the existing Constitution of India,
Governors of the States are appointed by the President of India and are
answerable to him and hold their offices during the pleasure of the
President of India
 The Governor, thus, is an appointee of the Central Government in the
State, and, in so far as he acts in his discretion, he shall be answerable to
the Union Government.
 Except in matters in which the Governor is required by or under the
Constitution to exercise his function in his discretion, the Governor is the
Constitutional or formal head of the State and he exercises all his powers
and functions on the aid and advice of his council of Ministers. This is so
because our Constitution embodies generally the Parliamentary or
Cabinet system of Government of the British Model both at the Union
and the States
 Article 164(1) of the Constitution of India empowers the Governor to
appoint the Chief Minister. However, like the discretion of the president
in the appointment of the Prime Minister, the Governor’s discretion in the
appointment of Chief Minister is conditioned by an essential form of
Parliamentary form of Government that the Council of Ministers shall be
collectively responsible to the State legislative assembly. This means that
the leader of a party which commands majority in the legislative
 assembly is eligible for appointment as Chief Minister, and the Governor
is bound to request him to form the Government. If there is no party
commanding a clear majority in the legislative assembly, the Governor
may exercise his discretion in the appointment of Chief Minister
according to his personal assessment of the situation at that time.
 Article 72 of the Constitution of India could be reconciled with Article
161 by limiting the power of the Governor to grant pardons to cases not
covered by Article 72. If so read, the President alone has the exclusive
powers to grant pardons, reprieves, and respites in all cases where the
sentence is a sentence of death and both the President and the Governor
have concurrent powers in respect of Pardon, Suspension, remission and
commutation of a sentence other than that of death. In other matters, that
is in respect of offences against any law relating to a matter to which the
executive power of the State extends, the Governor has all the powers
enumerated in Article 161 of the Constitution of India including the
power to grant pardons, reprieves and respites.
 To put it briefly, the Power of Governor to grant pardons, reprieves and
respites in all cases where the sentence is not a sentence of death, and to
suspend, remit or commute the sentence of any person, is co – extensive
with the executive power of the State. It, therefore, follows that the
Governor has the power to grant a pardon or remit the sentence of a
person who is transported for life.
 In a 5 Judge Bench, the Supreme Court of India has held in BP Singhal v.
Union of India ((2010) 6 SCC 331) that the role of the Governor of a
State is to function as a vital link or bridge between the Union
Government and the State Government. He is required to discharge the
Functions relate to his different roles harmoniously, assessing the scope
and ambit of each role properly.
 A Governor of a State has dual role. The first is that of a Constitutional
head of the State bound by the advice of his Council of Ministers. The
second is to function as vital link between the Union Government and the
State Government. In certain special or emergent situations, he may also
act as a special representative of the Union Government.
 The Governor of a State is neither an employee of the Union Government
nor the agent of the party in power nor required to act under the dictates
of political parties. His office is not subordinate or subservient to the
Government of India.
 He is constitutionally the head of the State in whom is vested the
executive power of the State and without whose assent there can be no
legislation in exercise of the legislative power of the State. The fact that
the Governor holds office during the pleasure of the President does not
make the Government of India an employer of the Governor.
  There is a distinction between the powers of the President under Article
74 and the Governor under Article 163 of the Constitution. There is some
qualitative difference between the position of the President and the
Governor. The President under Article 74 has no discretionary powers but
the Governor has certain discretionary powers under Article 163(2) of the
Constitution of India.
 In contrast to Article 74, even though Article 163 similarly provides that
the Governor of a State is to exercise his functions in consonance with the
aid and advice tendered to him by the council of Ministers with the Chief
Minister as the head, yet Article 163(2) confers discretionary powers with
the Governor when it is so expressly mandated by or under the
Constitution.
 To a limited extent Article 163(2) authorizes Governor to act in his own
discretion and in that sense there is a clear distinction between the power
vested in the President and the power vested in the Governor.
 Governor should act as per the will or advice of the majority party only
when the same is in accord with the Constitution and the laws. (B.R.
Kapur v. State of T.N. & Another (2001 7 SCC 231))
POWERS AND FUNCTIONS OF GOVERNOR
The Governor of the State, like the President, is entitled to specific powers.
They are-
 Legislative – affiliated with ordinance making and State Legislature;
 Executive – affiliated with administrative appointments and discharge;
 Judicial – affiliated with power to grant pardons and respites;
 Financial – authority over the state budget and money bills;
 Discretionary – to be exercised at the discretion of the Governor;
To, as stipulated under Article 159, preserve, protect and defend the
Constitution and the law. Unlike the President, however, the Governor does not
possess any diplomatic or military powers.
EXECUTIVE POWERS
 As per Article 154, the Constitution states that the executive power of the
State shall be vested in the Governor who can exercise them through
directly or indirectly through subordinate officers
 The State Government undertakes all executive action in the name of the
Governor
 As per Article 164, the Governor has the power to appoint the Chief
Minister of the State, and upon the Chief Minister’s recommendation, the
appointment of other ministers.
 The Governor appoints the Advocate General of the State, State Election
Commsioners and the chairman and members of the State Public Service
Commission. However, the Governor cannot remove the members of the
State Public Service Commission as they can only be removed by an
order of the President.
  In States with bicameral legislature, the Governor can further nominate to
the Legislative Council persons with special knowledge or practical
experience in matters of literature, art, science, cooperative movement
and social service.
LEGISLATIVE POWERS
 The Governor can summon, prorogue, defer or dissolve the State
Legislative Assembly, his decisions often taken in counsel with the
Chief Minister and the Council of Ministers.
 The Governor has the power to nominate 1/6th of the State Legislative
Council.
 The Governor can nominate a member of the Anglo-Indian
community to the Legislative Assembly of the State, should he feel
the community is under-represented in Vidhan Sabha.
 As per Article 200, the Constitution confers the Governor with the
power to assent, withhold assent, return for reconsideration, or reserve
for President’s consideration any Bill. But should the Vidhan Sabha
send back a returned Bill to the Governor the second time, and then he
has to sign it.
 As per Article 213 the Constitution of India confers the Governor the
power to promulgate an ordinance when the Legislative Assembly of
the State is not in session. Notwithstanding the immediate effect of the
law, it must be presented in the next session in the State Legislature,
and unless approved, remains active for a six-week period.
 The Governor lays reports of State Finance Commission, State Public
Service Commission and Comptroller and Auditor-General relating to
the account of the State in the Legislative Assembly.
 The Governor inaugurates the State Legislature, outlining new
administrative policies of ruling government at the first session every
year.
FINANCIAL POWERS
 The Governor constitutes the Finance Commission to oversee financial
positions of Panchayats and Municipalities, and, in the case of any
unforeseen circumstances, holds the power to make advances out of the
State Contingency Fund
 A prior recommendation of the Governor is necessary before the
introduction of any Money Bills or Demands for Grant
 The Governor ensures that the annual financial statement or State Budget
is laid before the State Legislature
JUDICIAL POWERS
 As per Article 161, the Governor can grant pardons, reprieves, respites or
remission of punishments, or suspensions, remittances or commutes of
sentences of those convicted of an offence to which the executive power
of the State extends
  The Governor is consulted by the President, as well as the Chief Justice
of India, in the appointment of the Chief Justice to the High Court, judges
of the High and District Courts, their postings and promotions.
DISCRETIONARY POWERS
 The Governor may recommend an imposition of the President’s Rule on
the President’s behalf, and in such circumstances, override the Council of
Ministers and directly handle the workings of the State.
 The Governor may exercise his function as the administrator of adjoining
Union Territory
 The Governor holds the power to select the Chief Minister should no
political party win a majority in the Vidhan Sabha of the state, or in the
Chief Minister’s demise without any obvious successor
MISUSE OF OFFICE OF THE GOVERNOR
Article 155 of the Constitution of India warrants the President of India to
designate the Governor of a State under his hand and seal and Article 156
provides that he shall hold office during the pleasure of the President. There
have been few occasions over the past 65 years when Governors undermined
the people’s mandate, leading to misuse of the office at the behest of the ruling
party.
In defiance of its clear majority in the Legislative Assembly in 1959, PM
Nehru led Central Government dismissed E.M.S. Namboodiripad’s first
democratically elected Left Government in Kerala. On Governor Burgula
Ramakrishna Rao's counsel Jawaharlal Nehru dismissed the government. The
Governor acted in conceptual contrast to the spirit of authority bestowed on it
under Article 356 of the Indian Constitution.
The office of the Governor was further devalued during the Prime Ministership
of Indira Gandhi(1966-77 and again from 1980-84). In 1967, with the
instructions from the Centre, the Government in West Bengal was dismissed
within eight months of its formation. The dismissal was enacted in contentious
circumstances by the then-Governor Dharma Vira. Without even giving Ajoy
Mukherjee a prospect to prove his majority on the floor of the Assembly, in
1967 the Governor dismissed the United Front Ministry and commissioned P.C.
Ghose as the new Chief Minister. Because of his reputation as “Indira Gandhi’s
Man”, Dharma. Vira’s appointment had been opposed by the Left. After
deliberation with the Prime Minister, in November 1967, the Governor refused
to agree to the majority claims of the Front, even though they had not actually
been tested. President's Rule was promulgated on the state.
In another instance, without determining whether the Ministry headed by
Choudhary Charan Singh enjoyed the support of the majority MLAs in the
House, the then Governor of Uttar Pradesh Bezawada Gopala Reddy dismissed
it in October 1970.
In 1984, the then Governor of Andhra Pradesh, Ram Lal Thakur also went
beyond his brief following the instructions from the Centre. Despite N.T. Rama
Rao’s Telugu Desam Party government enjoying the majority in Andhra
Pradesh in 1984, it was terminated, thus, subverting people’s mandate. It
boomeranged on the Centre and dented the personal image of Prime Minister
Indira Gandhi. Ram Lal did not give NTR an opportunity to prove his majority
on the floor of the Assembly. This led to nation-wide protests and triggered
angry debates in Parliament and Ram Lal had to resign in disgrace for his
indefensible action.
In 1977, when the Janata Party government took over, all Governors appointed
by Indira Gandhi were asked to demit office. The new regime argued that those
Governors blatantly used the Raj Bhawan as a platform to manage Indira
Gandhi's nefarious programmes during the Emergency.
Congress' Sushilkumar Shinde, who served as Andhra Pradesh Governor
between 4 November, 2004 and 29 January, 2006, had left his post to be made a
Cabinet minister in the UPA government.
In July 2004, the then President A.P.J. Abdul Kalam impeached the Governors
of Uttar Pradesh, Gujarat, Haryana and Goa on the advice of the newly elected
UPA government. NDA appointed Governors such as Vishnu Kant Shastri,
Kailashpati Mishra, Babu Parmanand and Kidar Nath Sahani were given the
marching because of their RSS background. In response, former BJP MP, B.P.
Singhal filed a writ petition in the Supreme Court.
In A.O. Rhmfg`k u. Tmhnm ne Hmch`, (2010) 6 RBB 331, Supreme Court of
India held:
44. In such a scenario of myriad policies, ideologies, agendas in the shifting
sands of political coalitions, there is no question of the Union Government
having Governors who are in sync with its mandate and policies. Governors
are not expected or required to implement the policies of the Government or
popular mandates. Their constitutional role is clearly defined and bears very
limited political overtones. We have already noted that the Governor is not the
agent or the employee of the Union Government. As the constitutional head of
the State, many a time he may be expressing views of the State Government,
which may be neither his own nor that of the Centre (for example, when he
delivers the special address under Article 176 of the Constitution).
45. Reputed elder statesmen, able administrators and eminent personalities, with
maturity and experience are expected to be appointed as Governors. While some
of them may come from a political background, once they are appointed as
Governors, they owe their allegiance and loyalty to the Constitution and not to
any political party and are required to preserve, protect and defend the
Constitution (see the terms of oath or affirmation by the Governor, under
Article 159 of the Constitution). Like the President, Governors are expected to
be apolitical, discharging purely constitutional functions, irrespective of their
earlier political background. Governors cannot be politically active.
46. We therefore reject the contention of the respondents that Governors should
be in “sync” with the policies of the Union Government or should subscribe to
the ideology of the party in power at the Centre. As the Governor is neither
the employee nor the agent of the Union Government, we also reject the
contention that a Governor can be removed if the Union Government or party in
power loses “confidence” in him.
70. We have however already rejected the contention that the Governor should
be in sync with the ideologies of the Union Government. Therefore, a Governor
cannot be removed on the ground that he is not in sync or refuses to act as
an agent of the party in power at the Centre. Though Governors, Ministers and
the Attorney General, all hold office during the pleasure of the President, there
is an intrinsic difference between the office of a Governor and the offices of
Ministers and the Attorney General. The Governor is the constitutional head of
the State. He is not an employee or an agent of the Union Government nor a
part of any political team...
The Supreme Court, in its judgment in the BP Singhal vs Union of India (2010)
case, clearly said that the power to remove Governors should only be exercised
in rare and exceptional circumstances for valid and compelling reasons. This
power cannot be exercised in an arbitrary, capricious or unreasonable manner.
BIBLIOGRAPHY
https://jntua.ac.in/gate-online-
classes/registration/downloads/material/a159033080078.pdf
https://www.spmrf.org/wp-content/uploads/2017/11/Powers-of-Governor.pdf
Deshta, Sunil, President's Rule in the States: Constitutional Provisions and
Practices, (Deep and Deep Publications: New Delhi, 1993).
Gani, H.A., Centre-State Relations and Sarkaria Commission, New Delhi: Deep
& Deep Publications, 1990).
Gehlot, N.S., The Office of the Governor, Constitutional, (New Delhi: Image
and Reality, 1977).
Ghosh, P.K., The Constitution of India: How it has been Framed (Calcutta: The
World Press. 1966).
Goswami, Suchitra, Role of Governor: A Constitutional and Legal Study (New
Delhi: Indian Institute of Public Administration, 1997-98).
Goyal, O.P., India Government and Politics, (New Delhi: Life and Light
Publishers,
1979).