The primary function of the governor is to preserve, protect and defend the constitution and the law as incorporated in their oath of office under
Article 159 of the Indian constitution in the administration of the state affairs. All the governor's actions,
recommendations and supervisory powers (Article 167c, Article 200, Article 213, Article 355, etc.) over the executive and legislative entities of a state shall be used to implement the provisions of the Constitution. Unlike the President of India, the governor has no military or diplomatic powers. However, they possess legislative, executive and judicial powers that are similar to the powers of the President. A governor has different types of powers: •
Executive powers related to administration, appointments and removals, •
Legislative powers related to lawmaking and the
state legislature, that is
State Legislative Assembly (Vidhan Sabha/Saasana Sabha) or
State Legislative Council (Vidhan Parishad/Saasana Mandali), •
Judicial Powers related to grant of pardons, reprieves, etc. and consultations. •
Discretionary powers to be carried out according to the discretion of the governor. The governors of India have similar powers and functions of the state level as those of the president of India at central level.
Executive powers • The
Constitution vests in the governor all the executive powers of the state government. • The governor appoints the
chief minister, who enjoys the support of the majority in the State Legislative Assembly. The governor also appoints the other members of the Council of Ministers and distributes portfolios to them on the advice of the chief minister. This will dismiss the council of ministers as such in that State. • The governor appoints the
chief minister of a state, and the chairman and members of the State Public Service Commission. • A state election commissioner is also appointed by the governor (though removed by the president). • When requested by the Election Commission or Regional Commissioner, the governor or the President shall make available to them the required staff for their proper functioning. • All executive actions in a State are carried on the governor's name. • The governor of the state by virtue of their office is also the
chancellor of most of the
universities in the state. The dignity and impartiality of the office of the chancellor puts the governor in a unique position with regard to protecting the autonomy of the universities and saving them from undue political interference. The governor as chancellor of universities also acts as president of the Senate. The governor has the power to direct inspection of every component of the universities and affiliated colleges, required due action on the result of inquiry. The chancellor appoints search committee for appointments of
vice chancellor. The governor accords consent of warrant of degrees and withdraws degree or distinctions both at the recommendations of the Senate. The governor approves or disapproves statutes passed by the Senate and appoints teachers at the university based on the recommendation of the respective committees. However, Governor can appoint such people if the State Legislature has not prescribed any laws regulating the above recruitment. of the Anglo-Indian community to their State's Legislative Assembly, if he/she is of the opinion that they are not represented properly in the Assembly. • A governor has the power to nominate 1/6 of the total no. of members to the Legislative Council of a State having special knowledge or practical experience in respect of Literature, science, art, co-operative movement and social service.
Legislative powers • The governor has the right to address and send message, summon, prorogue and dissolve the State Legislature. These powers are formal, and the governor's use of these powers must comply with the advice of the Council of Ministers headed by the chief minister. and make demands for grants and recommending Money Bills. • The governor inaugurates (to dedicate) the state legislature by addressing it after the assembly elections and also at the beginning of the first session every year. • The governor's address on these occasions generally outlines new policies of the state government. A bill that the state legislature has passed, can become a law only after the governor gives assent. The governor can return a bill to the state legislature, if it is not a
money bill, for reconsideration. However, if the state legislature sends it back to the governor for the second time, the Governor shall not withhold their assent therefrom. This has rarely happened in the history of any of the states.
Tamil Nadu, for example, resent its
NEET Exemption Bill to its governor for the first and only time ever, in 2022, since the state's formation in 1950. • The governor also has the power to reserve certain bills for the president. • When the state legislature is not in session and the governor considers it necessary to have a law, then the governor can promulgate ordinances. These ordinances are submitted to the state legislature at its next session. They remain valid for no more than six weeks from the date the state legislature is reconvened unless approved by it earlier. • A Governor can disqualify a member of the State legislature when the election commission recommends that such member is no longer complying with provisions of Article 191. • The governor can ask the advocate general to attend the proceedings of both houses of the state legislature and report to them any unlawful functioning if any.
Judicial powers • The Governor has the power to grant pardons, respites, reprieves or remission of punishments or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which executive power of a State extends. • The
President appoints the judges of the
High Courts on the recommendation of the governor. • He/She also has the power to appoint the judges of the district courts after consulting the High Court of that State.
Discretionary powers • When no party gets a clear majority, the governor has discretion to choose a candidate for chief minister who will put together a majority coalition as soon as possible. • They can impose
president's rule. • They submit reports on their own to the president or on the direction of the president regarding the affairs of the state. • They can withhold their assent to a bill and send it to the president for approval. • During
emergency rule as per
Article 353, the governor can override the advice of the council of ministers if specifically permitted by the president.
Emergency powers The governor has no role or powers in an emergency situation to meet with the external aggression or armed rebellion as the President unless specifically permitted by the president under articles 160, 356 and 357. ==Emoluments/Payment==