governor
What is the role of a governor in India?
How is a governor appointed in India?
What are the qualifications required to be a governor in India?
What powers does a governor have in India?
governor, the constitutional head of a state in India. Although a governor is appointed by the president of India, effectively on the advice of the central government, the governor’s office is an independent constitutional post. As the nominal head of a state executive, a governor is obliged to act on the advice of the state’s council of ministers, led by the chief minister, except under narrowly defined circumstances in which the Constitution of India permits discretion.
History
During the rule of the British East India Company in India (1757–1858), its territories in the subcontinent were divided into the Bengal, Madras, and Bombay presidencies, where administrative powers were entrusted to governors. During the British raj (1858–1947), the governor-general (also known as the viceroy) was the chief authority on behalf of the British crown. India was divided into provinces, some of which were headed by governors, as representatives of the British government under the broad supervision of the governor-general. The Government of India Act of 1935 gave provinces greater autonomy, establishing elected legislatures and ministries in the provinces. Under the act, governors were generally expected to act on the advice of these elected ministers, but they retained significant discretionary powers and special responsibilities, which the Indian National Congress opposed on grounds of interference.
After Indian independence in 1947, the Constituent Assembly, the body tasked with framing a constitution, extensively deliberated over the position, powers, and appointment of the governor. It decided against holding elections for governors, opting instead for appointment by the president, who effectively acts on the advice of the central government. This was to avoid a conflict of power between a popularly elected governor and an elected chief minister in a state. The Constituent Assembly also mulled the degree of discretionary powers given to a governor. Although explicit discretionary powers were weakened in several articles of the Constitution, some were kept intact despite strong opposition from a few members.
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Constitutional role of the governor
The governor’s position at the state level corresponds to the president’s role at the national level. Under India’s parliamentary system, real executive power lies with a democratically elected council of ministers, headed by the chief minister in a state, which is answerable to the legislature. The governor is only the nominal or ceremonial head of the state, bound to exercise most powers on the recommendation of the state’s council of ministers, except in a few narrowly defined instances where the Constitution allows the governor discretion.
Appointment and term
Unlike the president of India, a governor is not elected, either directly by the people or indirectly by an electoral college. Instead, the governor is appointed by the president.
Eligibility
To be appointed as the governor of a state, a person must be a citizen of India and at least 35 years old. Besides these qualifications, the Constitution outlines the following conditions that apply when a person holds the office of governor:
- The governor cannot be a member of either house of the state legislature or Parliament. If already a member, the person must resign from the legislature on being sworn in as governor.
- The governor must not hold an office of profit (any government-linked position that comes with financial benefits).
- The governor is entitled to stay at the official residence, called the Raj Bhavan, rent-free and receive a salary and other benefits as specified by Parliament. If the same person becomes governor of more than one state, each state will contribute in paying the salary and allowances.
- The governor’s salary and benefits cannot be reduced during a term.
There is no restriction on the number of times a person may be appointed governor, and the same person may be appointed governor of two different states at the same time. By convention, governors are usually appointed from outside the state to help ensure impartiality. The governor serves a dual role as the constitutional head of a state and as a vital link between the central and state governments, ideally facilitating communication and helping in the resolution of conflicts.
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Term
Governors are appointed for a term of five years from the day they take office. However, they may hold their position only as long as they enjoy the confidence of the president (in effect, the central government). Although the Constitution allows the president to dismiss a governor without cause, the Supreme Court of India in a 2010 ruling held that these powers cannot be used arbitrarily for political reasons. The governor may be transferred to another state on the orders of the president. The president can also reappoint a governor at the conclusion of a term. A governor can remain in office even after the completion of the prescribed tenure, until the incoming successor formally takes over; the post of governor cannot be left vacant at any time. If a situation not covered by the Constitution arises—such as the death of a sitting governor—the president can make arrangements for the duties of the governor to be temporarily carried out by another official, such as the chief justice of the high court (the highest court in a state). While in office, governors cannot be taken to court for actions done in exercise of their powers and duties. The governor enjoys personal immunity from arrest and criminal proceedings during the term of office. In civil matters, however, the governor may be sued for personal acts following two months’ notice.
Powers of the governor
While the Constitution does not categorize most powers of governors, they are commonly classified by scholars as executive, legislative, financial, and judiciary. It is important to note that governors exercise their power based on the advice of the chief minister and the council of ministers in the vast majority of cases. Some of the powers under these categories allow governors to exercise discretion in a limited capacity within the bounds of the Constitution.
Executive powers
The executive powers of the governor include the following:
- A state government carries out all executive actions in the name of its governor.
- The governor can decide how government orders signed and executed in the governor’s name will be authenticated. In other words, government orders signed in the governor’s name by authorized officials are legally valid and binding and do not require the governor’s personal involvement.
- On the advice of the chief minister and council of ministers, the governor sets up rules for how government business is conducted and the allocation of subjects to ministers.
- The governor appoints the democratically elected chief minister and other ministers of the state. The governor also makes other appointments, including the advocate general, election commissioner, and officials of the state public commission.
- The governor may ask the chief minister about how the state is being run and any proposed laws. If a minister makes a decision without consulting the council of ministers, the governor may call on the chief minister to bring the matter before the council for review.
- A governor who thinks that a state cannot function according to the Constitution may recommend a constitutional emergency and the enforcement of president’s rule. Under president’s rule, the governor, acting on behalf of the president, has wide executive powers.
- In most states the governor is also the chancellor (ceremonial head) of state universities. In that capacity the governor appoints vice-chancellors of universities.
Legislative powers
The legislative powers of the governor include the following:
- The governor can summon or discontinue the state legislature and dissolve the state legislative assembly.
- At the start of the first session of the state legislature every year and immediately after a general election, the governor addresses the meeting.
- The governor can send messages to the legislature regarding pending bills or other matters.
- In case the posts of speaker and deputy speaker (in the state assembly) or chair and deputy chair (in the legislative council) are vacant, the governor can appoint members to preside over proceedings.
- The governor nominates one-sixth of the members of the legislative council from people with special knowledge or expertise in fields such as literature, science, art, cooperative movement, or social service.
- The governor decides questions of disqualification of legislators based on the advice of the election commission.
- When the legislature passes a bill, the governor may approve it or withhold assent. The governor may return a bill for reconsideration (unless it is a money bill), but if it is passed again, the governor must approve it. The governor also has the right to reserve a bill for the president’s consideration—any decisions thereafter are made by the president. This power is also used in cases where the bill affects the powers of a high court, violates the Constitution, conflicts with directive principles, goes against national interest, is of grave national importance, or relates to compulsory acquisition of property.
- When the legislature is not in session, the governor may issue ordinances with the force of law. These must be approved by the legislature within six weeks of reassembly. The governor can also withdraw an ordinance anytime.
- The governor places reports of the state finance commission, the state public service commission, and the comptroller and auditor-general (CAG) regarding state accounts before the legislature.
Judicial powers
The judicial powers of the governor include the following:
- The governor may pardon, reduce, or commute punishments for legal offenses under any laws that fall under the state’s executive power. Death sentences cannot be pardoned by the governor.
- When appointing judges of a state’s high court, the president consults the governor.
- The governor carries out the appointment, posting, and transfer of district judges in consultation with the high court. The governor appoints other state judicial officers (below the rank of district judge) in consultation with the high court and the state public service commission.
Financial powers
The financial powers of the governor include the following:
- The governor ensures the state’s budget for a financial year is tabled before the state legislature.
- Money bills can only be introduced in the legislature with the prior approval of the governor.
- The governor must give assent before a request for government funds can be made.
- The governor may allow funds to be drawn from the state’s contingency fund to cover unexpected expenses.
- Every five years, the governor sets up a state finance commission to review the finances of panchayats and municipalities.
Use of discretion
The Constitution allows the governor to exercise discretionary powers in the following ways:
- The governor may reserve any bill passed by the state legislature for the president’s consideration.
- The governor may recommend the imposition of president’s rule upon being satisfied that the state cannot function in accordance with the Constitution.
- The governor appoints a chief minister when no political party has a clear majority in the state assembly or when a chief minister dies suddenly and no clear successor is available.
- The governor dismisses the council of ministers if it fails to prove its majority in the state assembly.
- The governor dissolves the state assembly if the council of ministers loses its majority.
- The governor may act independently of the state’s council of ministers when appointed as the administrator of a neighboring union territory under additional charge.
A governor, in a mostly ceremonial role, is the constitutional head of a state and bound to act on the advice of the state’s council of ministers except in certain situations where discretion is allowed. A lieutenant governor, by contrast, administers a union territory on behalf of the president and is generally understood to wield greater authority. Five of India’s eight union territories have a lieutenant governor: Delhi, Puducherry, Jammu and Kashmir, Ladakh, and the Andaman and Nicobar Islands. In Delhi the lieutenant governor has wide discretionary powers and can refer disagreements with the elected local government to the president, whose decision is final.
Debates around the role of governors
“A Governor naturally must support his Government. Nevertheless, he can support it as a person above parties and groups.”
—Jawaharlal Nehru, India’s first prime minister, on the draft constitution
The dual role of a governor as the constitutional head of a state and simultaneously the president’s representative sometimes leads to allegations of partisanship against the governor. Critics contend that some governors use these powers selectively, usually in favor of the ruling party in the central government, which they say undermines the country’s federal structure. The governor’s discretionary powers—including those used during the appointment of a chief minister in a hung assembly, recommending president’s rule, or reserving bills for the president—have repeatedly sparked disputes between the state and central governments. In the past governors have been used by the central government to dismiss democratically elected governments in states without allowing them to prove their majority in the assembly—often a politically motivated practice, now deemed illegal by courts. For instance, when the Janata Party came to power in 1977, it used the governor’s emergency powers to recommend president’s rule to dismiss state governments formed by the Indian National Congress in nine states; Prime Minister Indira Gandhi responded by dismissing nine opposition-led state governments through the same method when the Indian National Congress returned to power in 1980.
Various commissions, including those headed by Rajinder Singh Sarkaria (established 1983) and Madan Mohan Punchhi (established 2007), have suggested reforms that would more clearly define the governor’s role and minimize interference with the decisions taken by ministers of a state. These recommendations include mandating consultation with the chief minister of a state in the appointment of a governor, prescribing limits on how long a governor can take to consider a bill, instituting a procedure for deciding the order in which a governor invites parties or coalitions to form the government, and ensuring that the governor has no political biases or incentives before or after appointment. However, many key recommendations have yet to be implemented.
A number of court judgments have also helped clarify and limit the governor’s discretionary powers. For example, the Supreme Court of India ruled in a landmark 1994 verdict that the governor should recommend president’s rule in a state only under extreme circumstances where the constitutional machinery has broken down and all other remedies have been exhausted. The Supreme Court also clarified in its verdict that the reasons for recommending president’s rule could be brought under judicial review and overturned if found lacking.