Governor of an Indian State – part 2

Governor of a State – Terms of Office, Powers, and Functions
1. Term of Office
Duration: 5 years from assumption of office (Article 156).
Resignation: Can resign anytime by submitting a letter to the President.
Transfer: The President can transfer a Governor to another state or extend tenure until a successor takes charge.
Exceptional Cases: If the Governor dies or is unable to perform duties, the Chief Justice of the State High Court may temporarily act as Governor.
Removal: The Governor holds office at the pleasure of the President, with no specified grounds for removal.

---

2. Powers and Functions
A. Executive Powers
Appoints Chief Minister, Ministers, Advocate General, State Election Commissioner, and members of the State Public Service Commission.
Oversees state executive actions taken in the Governor’s name.
Can create rules for state business and seek information from the Chief Minister.
Acts as Chancellor of state universities.
Can recommend President’s Rule to the President.
Acts as President’s representative during President’s Rule.
B. Legislative Powers
Summons, prorogues, and dissolves the state legislature.
Addresses the state legislature sessions.
Appoints presiding officers and nominated members.
Can exercise veto powers on bills:
Give assent
Withhold assent
Return bills for reconsideration
Reserve bills for President’s consideration
C. Financial Powers
Oversees state budget and money bills.
Approves grants and advances from the Contingency Fund.
Constitutes a Finance Commission every 5 years for Panchayats and Municipalities.
D. Judicial Powers
Grants pardons, reprieves, respites, and commutations for state offenses.
Consulted by the President on High Court judge appointments.
Appoints district judges in consultation with High Court; other judicial officers with High Court and State PSC.

---

3. Constitutional Position
Articles 154, 163, 164 define the Governor’s role:
Article 154: Executive power vested in Governor, exercised directly or via subordinates.
Article 163: Council of Ministers advises Governor except in discretionary matters.
Article 164: Council of Ministers is collectively responsible to the state legislative assembly.
Governor vs President:
Governor may act in discretion, whereas President must follow ministerial advice (post-42nd Amendment).
Governor’s discretion includes reserving bills for President; President cannot act independently here.

---

4. Discretionary Powers
A. Constitutional Discretion
Final authority in deciding whether a matter falls under discretion.
Key cases:
Reserving bills for President
Recommending President’s Rule
Administrator of a Union Territory
Determining royalties payable to Tribal District Councils
Seeking information from Chief Minister
B. Situational (Political) Discretion
Appointing a Chief Minister when no party has a clear majority.
Dismissing the Council of Ministers if they lose majority.
Dissolving State Legislative Assembly under certain circumstances.
Acts at discretion while consulting the CM-led council of ministers but ultimately ensures constitutional propriety.

---

5. Special Responsibilities
Acts as an agent of the President, implementing directions from the Union Government.
Plays a critical role in Centre-State relations.
Ensures constitutional stability during political uncertainty in the state.