Subject - Indian Polity & Governance
Chapter : Governor

Governor:

• The pattern of Government provided for the states is similar to that of the Central Government.
• The reason for the similarity is that at both the levels of government, there is parliamentary system of Government in which a ceremonial head and a real head constitute the executive.
• For the State Government, Governor is the counterpart of the President of India and the Chief Minister heading the Council of Ministers is the mirror image of the Prime Minister.

Executive Power of State:

• Article 154 vests the executive power of the State in the Governor.

Appointment of Governor:

• Article 155 says that the Governor of a State shall be appointed by the President by warrant under his hand and seal.

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Term of the office of the Governor:

1. Art.156. Term of office of Governor.—(l) The Governor shall hold office during the pleasure of the President.
2. The Governor may, by writing under his hand addressed to the President, resign his office.

3. Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office: Provided that a Governor shall, notwithstanding expiration of his term, continue to hold office until his successor enters upon his office.

Qualifications:

Art. 157 lays down two qualifications for the office of the Governor:

• he should be a citizen of India and
• must have completed the age of thirty five years

Executive powers of Governor:

• The executive power of the state is vested in the Governor. He exercises it either directly or through officers subordinate to him.
• It has been held that ministers are, officers subordinate to him. The executive power of the state extends to all matters with respect to which the State Legislature has power to make laws.
• All executive is expressed to be taken in the name of the Governor.

Legislative Powers of Governor:

• The Governor is the part of the legislature (Art. 168). According to this Article, the legislature of a State shall consist of the Governor and the Legislative Assembly.
• The Governor has the right to address the legislature and to send messages to it.
• The Governor may from time to time summon, prorogue or dissolve the Legislative Assembly.
• The Governor has the power of causing to be laid before the legislature, the Annual Financial Statement (Budget) and reports of the State Finance Commission.
• Without his recommendation no demand for grant can be made by the legislature.
• The Governor may reserve Bills for the assent of the President made by the Legislature. In this regard, Art. 200 and 201 are very important.

Judicial or Pardoning Powers of the Governor:

• Article 161 confers on the Governor the power to grant pardon, reprieve, respite or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to matters to which the executive power of the state extends.

Sarkaria Commission’s recommendations:

Recommendations of the Sarkaria Commission in regard to the institution of Governor are briefly the following:— The person to be appointed as a Governor:

• should be an eminent person;
• must be a person from outside the State;
• must not have participated in active politics at least for some time before his appointment;
• he should be a detached person and not too intimately connected with the local politics of the State;

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