3.3 Governor : Powers and Functions

 


SIMPLY SMART

Governor of India: Powers and Functions

Introduction

The Governor is the Constitutional Head of the State, appointed by the President of India for a term of five years (Article 153–167).
The Governor functions like the President at the state level and acts on the aid and advice of the Chief Minister and Council of Ministers.
Although the Governor’s role is largely ceremonial, the Constitution gives significant discretionary powers, especially during political instability.

1. Executive Powers of the Governor

The Governor is the executive head of the state.

1. Appointments

  • Appoints the Chief Minister

  • Appoints other ministers on CM’s advice

  • Appoints Advocate General, State Election Commissioner, Chairman & members of State Public Service Commission, and other key officers

  • Determines allocation of portfolios among ministries

2. Administrative Control

  • All executive actions of the state are taken in the name of the Governor

  • Can call for information from the Chief Minister

  • Can recommend President’s Rule (Article 356)

3. Administration of Union Territories Assigned to Him

Examples: Governor of Maharashtra governs Dadra–Nagar Haveli & Daman–Diu.

Keyword: Executive powers of Governor

2. Legislative Powers of the Governor

The Governor plays an important role in state legislation.

1. Summons and Dissolves the State Legislature

  • Calls sessions of the Legislative Assembly

  • Can prorogue the House

  • Can dissolve the Legislative Assembly on CM’s advice

2. Addressing the Legislature

  • Addresses the first session of each year

  • Outlines government policies

3. Passing of Bills

A bill becomes a law only after the Governor’s assent.
He may:

  1. Give assent

  2. Withhold assent

  3. Return the bill for reconsideration (except money bill)

  4. Reserve the bill for President’s consideration (important power)

4. Ordinance-Making Power (Article 213)

  • Can issue ordinances when the Legislative Assembly is not in session

  • Ordinances have the force of law

Keyword: Legislative powers of Governor

3. Financial Powers of the Governor

  1. No Money Bill can be introduced without the Governor’s recommendation

  2. Ensures the State Budget is laid before the Legislature

  3. Oversees the Contingency Fund of the state

  4. Receives and acts on reports of the Auditor General (AG) related to state finances

Keyword: Financial functions of Governor

4. Judicial Powers of the Governor

  1. Appoints District Judges (in consultation with High Court)

  2. Can grant pardons, reprieves, remissions, or commutations for offences under state laws (limited compared to the President)

  3. The Governor cannot pardon death sentences (only President can), but can reduce them

Keyword: Judicial powers of Governor

5. Discretionary Powers of the Governor

These powers can be used without the advice of the Council of Ministers.

1. Appointment of Chief Minister

When no party gets clear majority → Governor selects the CM.

2. Reserving Bills for President

Governor may reserve any bill that:

  • Violates the Constitution

  • Affects national interest

  • Is against Union laws

3. Report for President’s Rule

If the constitutional machinery of the state fails → Governor sends a report to the President (Article 356).

4. Decisions in Tribal Areas (Sixth Schedule)

For states like Meghalaya, Mizoram, Tripura.

5. Asking CM to Prove Majority

During political instability.

Keyword: Discretionary powers of Governor

6. Emergency Powers

1. During President’s Rule (Article 356)

The Governor becomes the agent of the President.
He directly administers the state on behalf of the Centre.

2. During National Emergency

The Governor ensures implementation of Central directions.

Conclusion

The Governor is the constitutional head of the state with executive, legislative, financial, and limited judicial powers.
While most functions are performed on the advice of the Chief Minister, the Governor has crucial discretionary powers, especially in situations like constitutional breakdown, political instability, or when reserving bills for the President.
Thus, the Governor plays an essential role in maintaining constitutional order, administrative continuity, and Centre–State coordination in India’s federal system.






State Governor: Powers and Functions

Introduction

The Governor is the Constitutional Head of a State (Articles 153–167).
Just like the President at the Union level, the Governor acts on the advice of the Chief Minister and Council of Ministers.
Though largely a nominal head, the Governor has important constitutional, administrative and discretionary powers, especially during political or constitutional crises.

1. Executive Powers of the Governor

The Governor is the executive authority of the state.

1.1 Appointments

  1. Appoints the Chief Minister.

  2. Appoints other ministers based on CM’s advice.

  3. Appoints the Advocate General, State Election Commissioner, Chairman and Members of State Public Service Commission, and other key officers.

  4. Appoints the Vice-Chancellors of state universities (in many states).

1.2 Administration

  1. All executive actions of the state are taken in the name of the Governor.

  2. Can seek information from the Chief Minister about state affairs.

  3. Can appoint a commission to investigate state matters.

  4. Handles administration of tribal areas under the Sixth Schedule (for certain states).

Keyword: Executive powers of State Governor

2. Legislative Powers of the Governor

The Governor is an essential part of the state legislature.

2.1 Relation with the State Legislature

  1. Summons, prorogues, and dissolves the State Legislative Assembly.

  2. Addresses the first session of the year with a policy speech.

  3. Can call for a joint sitting (where the state has bicameral legislature).

2.2 Role in the Law-Making Process

A bill becomes law only after the Governor’s assent. The Governor may:

  1. Give assent.

  2. Withhold assent.

  3. Return a non-money bill for reconsideration.

  4. Reserve a bill for the President’s consideration (important constitutional power).

2.3 Ordinance-Making Power (Article 213)

  1. Can issue ordinances when the legislature is not in session.

  2. Ordinances have the same force as laws, but must be approved within 6 weeks of the assembly reassembling.

Keyword: Legislative functions of State Governor

3. Financial Powers of the Governor

  1. No Money Bill can be introduced in the State Legislature without the Governor’s recommendation.

  2. Ensures the Annual State Budget is presented before the Legislature.

  3. Controls the Contingency Fund of the State.

  4. Oversees the financial reports submitted by the Accountant General (AG).

Keyword: Financial powers of Governor

4. Judicial Powers of the Governor

  1. Appoints District Judges in consultation with the High Court.

  2. Can grant pardons, reprieves, commutations, remissions, and respites for offences against state law.

  3. Cannot pardon death sentences (only the President can), but can reduce them.

Keyword: Judicial powers of Governor

5. Discretionary Powers of the Governor

These powers are used without the advice of the Council of Ministers.

5.1 Political Discretion

  1. Selecting a Chief Minister when no party has a clear majority.

  2. Dismissing the Council of Ministers when it loses majority.

  3. Asking the Chief Minister to prove majority on the floor of the House.

5.2 Constitutional Discretion

  1. Reserving a bill for the President.

  2. Sending a report to the President recommending President’s Rule (Article 356).

  3. Decisions in tribal areas (under Sixth Schedule).

  4. Acting independently as the administrator of certain Union Territories (where given charge).

Keyword: Discretionary powers of State Governor

6. Emergency Powers

6.1 During President’s Rule (Article 356)

  • The Governor becomes the agent of the President.

  • State is administered directly by the Centre through the Governor.

6.2 During National Emergency

  • The Governor ensures the implementation of Central directives.

Conclusion

The State Governor plays an important role in India’s federal system.
Though mainly a nominal head, the Governor’s powers—especially in legislation, administration, and emergencies—ensure constitutional order and smooth functioning of democracy at the state level.
The Governor’s discretionary powers are crucial during political instability, making the office a vital link between the State Government and the Union Government.


For Full Chapter  --->  22IMC7Z2 CONSTITUTION OF INDIA Unit-wise



— End of Article | Aivette-COI (Constitution of India by Aivette)

Your simple, smart guide to understanding the Indian Constitution.




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