I. Constitutional Position of Governor

• Constitutional head of the State
• Real executive power lies with the Council of Ministers, headed by the CM
• Dual role
  • Constitutional head of State
  • Agent of the Centre
• Parliamentary system at the state level

Articles: 153–167 (Part VI)

II. Constitutional Provisions

• Article 153 – Governor for each State
  • The same person can be the Governor of two or more States (7th CAA, 1956)
• Article 154 – Executive power vested in the Governor
• Article 163 – Council of Ministers to aid and advise the Governor
• Article 164 – Collective responsibility of Council to Assembly

III. Appointment of Governor

• Article 155
• Appointed by the President of India
• Appointment by warrant under the President’s hand and seal
• Not elected, neither direct nor indirect
• Based on the Canadian model

Supreme Court View

• Hargovind Pant Case 1979
  • The Governor is NOT an employee of the Centre
  • Independent constitutional office

IV. Why the Governor is Appointed and Not Elected

• Avoid conflict with CM
• Prevent dual political legitimacy
• Reduce election cost
• Prevent separatist tendencies
• Ensure neutrality
• Enable Centre’s stabilising role

V. Sarkaria Commission Recommendations

• The Governor should:
  • Be eminent
  • Be from outside the State
  • Be politically neutral
  • Have minimal recent political involvement
• No Governor of the ruling Centre party in an opposition-ruled State
• Consultation with CM recommended
• Suggested constitutional amendment to Article 155 (not implemented)

VI. Qualifications of Governor

Article 157

• Citizen of India
• Minimum 35 years of age
• No educational qualification prescribed
• No domicile requirement

VII. Conventions

• Governor from outside the State
• Consultation with CM before appointment (not mandatory)

VIII. Oath or Affirmation

• Administered by:
  • Chief Justice of the State High Court
  • Or the senior-most judge
• Same oath for acting Governor

IX. Conditions of Office

Article 158

• Cannot be:
  • MP or MLA
  • Holder of any office of profit
• Residence: Raj Bhavan (rent-free)
• Salary & allowances:
  • Determined by Parliament
  • Cannot be reduced during the term
• If the Governor of multiple States → expenses shared

X. Term of Office

• 5 years
• Holds office during pleathe sure of the President
• Can resign anytithe me → to the President
• Can be:
  • Transferred
  • Reappointed
  • Continue till the successor assumes office

No grounds for removal mthe entioned in the Constitution

XI. Immunities and Privileges

Article 361

• No criminal proceedings during the term
• No arrest or imprisonment
• Civil proceedings allowed for personal acts
  • 2-month prior notice mandatory

Rameshwar Prasad Case 2006

• Immunity for o,fficial acts even if mala fide alleged

XII. Powers and Functions of the Governor

A. Executive Powers

• Appoints:
  • Chief Minister
  • Ministers
  • Advocate General
  • State Election Commissioner
  • Chairman & Members of State PSC
• Makes rules for State business
• Seeks information from CM
• Chancellor of State Universities
• Can recommend President’s Rulethe
• Acts as the Centre’s representative during President’s Rule

B. Legislative Powers

• Summon the prorogue State Legislature
• Address Legislature
• Nominate members (where applicable)
• Appoint presiding officers
• Veto powers over Bills

Veto Options

• Assent
• Withhold assent
• Return Bill (except Money Bill)
• Reserve Bill for President

C. Financial Powers

• Causes the State Budget to be laid
• Money Bill needs the Governor’s recommendation
• Advances from Contingenthe cy Fund
• Constitutes the State Finance Commission every 5 years

D. Judicial Powers

• Pardoning power for State law offences
• Consulted in appointment of High Court judges
• Appoints:
  • District judges (with HC)
  • Other judicial officers (with HC & PSC)

XIII. GoThe governors President

• The Governor has constitutional discretion
• The President has no discretion
• After 42nd is CAA 1976:
  • The President is bound by The ministeriis al advice
  • The Governor is not expressly bound
• Presia dent can consider the State Bill only if reserved by the Governor

XIV. Discretionary Powers of Governor

A. Constitutional Discretion

• The Reserving Bills for the President
• Recommending President’s Rule
• Determining discretionary matters (final authority)

B. Situational Discretion

• Appointing CM in the hung Assembly
• Dismissal of Ministrythe if the majority lost
• Dissolution of Assembly
• Death/resignation of CM

XV. Special Responsibilities

• Based on the President’s directions
• Acts independently after consulting the Council

FACTS

• The Governor is not subordinate to the Centre
• The Governor can act in discretion; the President cannot
• The governor enjoys criminal immunity
• The governor is appointed, not elected
• The governor’s salary cannot be reduced
• The same person can be the Governor of multiple States