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Understanding Powers And Responsibilities Of A Governor

January 28, 2024
Satheesh

Amid a recent deterioration in the law and order situation in Kerala, a clash ensued between the Governor of Kerala Arif Mohammed Khan, and the Student Federation of India, a student wing of the ruling Communist Party of India (Marxist), who was staging a protest in Kollam. The protesters blocked the governor’s car and allegedly attempted to attack him. In response to this unsettling situation, Governor Arif Mohammed Khan staged a roadside protest to express his dissatisfaction

The situation unfolded as the governor was en route to Kottarakkara to inaugurate the centenary celebration of an ashram, with activists from the Students’ Federation of India (SFI) at Nilamel College gathering along the roadside, chanting slogans. The governor withdrew the protest following the registration of a case against the protestors. In response to this development, the Union Home Ministry has opted to grant Z+ security to the Governor and the Kerala Raj Bhavan.

In Tamil Nadu too, the DMK government has been at logger heads with the Governor. In the recent DMK Youth Wing conference held at Salem, Udhayanidhi Stalin passed a resolution calling for the removal of Governor like removing the extra growth in our bodies.

At the backdrop of this let’s see why there is a governor for a state.

The Constitution of India (COI) has established a parliamentary system of government in which the President and Governors serve as nominal executives. This arrangement aims to ensure that a nonpartisan individual takes charge of the government’s reins in times when the essence of democracy fails.

The current structure of the governor’s office is derived from the Government of India Act 1935. While the COI may not extensively delineate every power of the governor, a comprehension of their role and functions reveals their significance.

Though the role of the Governor is quite similar to that of the President of India in certain instances he has more powers at his situational discretion.

Article 153, stipulates that there must be a Governor appointed for each state, allowing for the possibility of a single individual serving as the Governor for multiple states.

Article 155, states that the President is responsible for appointing the Governor of a State through a warrant issued under the President’s hand and seal.

Article 156, declares that the Governor holds office at the pleasure of the President, indicating the discretionary nature of the gubernatorial appointment.

Article 161, grants the Governor the power to provide pardons, reprieves, respites, or remissions of punishment, and to suspend, remit, or commute sentences in matters of crime where the state legislature holds the authority to enact laws.

Article 163, outlines the discretionary powers of the Governor, encompassing scenarios such as appointing a chief minister when no party secures a clear majority in the state legislative assembly, responding to no-confidence motions, dealing with the failure of constitutional machinery in the State, and the authority to withhold assent to a Bill, reserving it for the consideration of the President.

Article 356, pertains to situations where a state government is unable to operate under constitutional provisions, enabling the Central government to assume direct control over the state machinery. The state’s governor issues a proclamation, obtaining the consent of the President of India.

Article 357, addresses the exercise of legislative powers under a proclamation issued by the Central government under Article 356.

Article 361, ensures that the Governor of a State is not held accountable to any court for the exercise and performance of their powers and duties.

Let’s dig deeper into the matter to realize the functions of the Governor.

Initially, in terms of executive functions, Article 154 of the Constitution of India (COI) vests the Governor with the state’s executive power. All official transactions are conducted in the Governor’s name with the aid and advice of the Council of Ministers (COM). This involves crucial appointments such as those of the Council of Ministers, Chief Ministers, Advocate General, State Election Commissioner, State Public Service Commission Chairman and members, and Vice Chancellors, among others. The Governor, within defined limits, also recommends the imposition of an emergency and wields extensive powers as the agent of the President (a practice that ceased after the Congress era).

Moving on to legislative powers, as an integral part of the state legislature, the Governor is responsible for summoning and dissolving sessions, sending messages to houses regarding bills, and delivering an annual address. In the case of a State Legislative Council, the Governor nominates special representatives, decides disqualifications in consultation with the Election Commission, and can promulgate ordinances when the Legislative Assembly is not in session.

The Governor’s veto powers constitute a crucial aspect, allowing the approval, withholding, or return of a bill. In special circumstances, the Governor may forward a bill to the President for consideration if it is deemed ultra vires to the COI, poses a threat to the directive principles of state policy, goes against the country’s larger interests, or involves compulsory acquisition of property. This serves the purpose of preventing hastily crafted and unconstitutional legislation, ensuring additional checks and balances.

Financial powers grant the Governor authority over money bills and demands for grants, requiring prior permission for their introduction. The annual budget must be laid before the Governor in the State Legislative Assembly (SLA), and contingency funds can only be accessed with the Governor’s approval.

Lastly, the Governor’s judiciary powers involve consultation with the President on the appointment of High Court judges, the appointment and promotion of district judges, and the granting of pardons within the state’s jurisdiction. Notably, the pardoning power is independent of the judiciary, serving as an executive power to correct any judicial errors and provide relief from unduly harsh sentences.

The COI outlines two distinctive discretions for the Governor: constitutional discretion and situational discretion. Constitutional discretion allows the Governor to act independently on specific matters where the validity of the discretion cannot be questioned in any court. This includes the reservation of bills to the President, recommending the President’s rule, seeking information from the Chief Minister on administration and legislative matters, exercising powers as the administrator of adjoining Union Territories, and determining royalty amounts for tribal districts.

Situational discretion, without the aid and advice of the COM, comes into play during the appointment of a Chief Minister when no party has a clear majority in the SLA or when a Chief Minister dies without a successor. It also applies to the dismissal of the COM when they fail to prove confidence in the floor and the dissolution of the SLA when the COM loses its majority. In such situations, the Governor can exercise discretion independently. This stands in contrast to the President, whose discretion is bound by the advice of the COM as per the 42nd Constitutional Amendment Act of 1976.

In conclusion, the position of the Governor is a highly esteemed role that carries a significant sense of responsibility. Rather than engaging in conflicts, state governments and Raj Bhavan should collaborate for the betterment of the people, ensuring the prosperity of citizens and, ultimately, the nation of Bharath.

Satheesh is a freelance writer.

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