GOVERNOR

                                   Governor

• The Governor works in 'Dual Capacity' as the Constitutional Head of the State and Representative of the Central Government.

• In Lakshadweep, Chandigarh, Daman and Diu, Dadra and Nagar Haveli, he is called Administrator.

• In Delhi, Andaman and Nicobar and Puducherry, there is the post of Lieutenant Governor.

-> He is the Constitutional Head of the State. 

-> He is the Executive Head of the State. 

-> Governor is the First Citizen of the State

.

# Constitutional Provisions -

153 - Provision of Governor Post

• By 7th Constitutional Amendment, 1956 Section-6, it has been provided that the same person can be the Governor of two or more states.

154 - Governor is the Executive Head of the State.

155 - Appointment - By President (On recommendation of Central Government).

156 - Tenure

• 156 (1) - Governor works during the pleasure of the President.

• 156 (2) - Resignation - To President.

• 156 (3) - Tenure - 5 Years.

NOTE - Grounds and process of removing Governor - Not mentioned in Constitution.

NOTE - Transfer of Governor to another state can be done by the President. (Not mentioned in the                                               Constitution).

NOTE - Appointment of Acting Governor is done by the President.

• He also takes oath as Acting Governor.

NOTE - After the expiry of the tenure, the Governor can be reappointed in the same state or another state. (Not mentioned in the Constitution).

# Important Decisions of Supreme Court -

1. Raghukul Tilak Case (1979) - The post of Governor is not an employment under the Central Government.

2. Rameshwar Prasad Case (2006) - A specific process should be adopted for the appointment of the Governor.

NOTE - The Governor will not be removed by the President intentionally/arbitrarily. The said decision was given by the K.G. Balakrishnan Bench of the Supreme Court in 2010 in B.P. Singhal V/S Government of India case.

157 Qualification

(i) Citizen of India (ii) Minimum Age - 35 years

NOTE - No educational or professional qualifications are prescribed for the Governor.

• The appointment of the Governor depends on the will of the Central Cabinet.

NOTE - Generally leaders of political parties, ministers, MPs, MLAs, non-political persons with special qualifications are appointed to this post.

Tradition (i) The Governor should be an outsider, meaning he should not be a resident of that state where he is being appointed as Governor. (Not mentioned in Constitution).

Exception – Punjab – Sardar Ujjwal Singh West Bengal – H.C. Mukherjee

(ii) The Governor should not be an active politician.

• According to Punchhi Commission, he should not be an active politician for the last two years.

158 - Service / Conditions

158(1) Should not be a member of MP/MLA/MLC.

158(2) Governor shall not hold any Office of Profit.

158(3) Governor shall be entitled to free residence, emoluments and other allowances (service).

158(3A) If one Governor is the Governor of more than one state, then his salary/allowances will be determined by the President. (Ratio) (Inserted by Section-7 of 7th Constitutional Amendment 1956)

158(4) No disadvantageous changes will be made in the salary/allowances and service/conditions of the Governor after appointment.

NOTE - Determination of salary/allowances of Governor is done by Parliament.

• Salary / Allowances -> From State Consolidated Fund

• Pension -> From Central Consolidated Fund

NOTE - Conditions for Civil Proceedings against Governor -

• Information must be given to the Governor in writing.

• In the information, the party must give details of his name, address, nature of proceedings and relief claimed.

• 2 months time to the Governor after the information of civil proceedings.

159 Oath

-> To Preserve, Protect and Defend the Constitution and Law.

-> Oath - By Chief Justice of State High Court OR In absence of CJ - Senior-most Judge of HC.

# Functions and Powers of Governor - (Art. 163)

Two Categories:

(1) Executive Powers

(A) To provide various appointments. 

(1) Chief Minister and Ministers [164(1)]

(2) Tribal and OBC Welfare Minister in the state - Jharkhand, Chhattisgarh, Odisha, Madhya Pradesh.                                     [NOTE - Bihar was removed by 94th Constitutional Amendment 2006.]

(3) Appointment of Advocate General - (165)

(4) To distribute portfolios among ministers - [166(3)]

(5) State Election Commissioner

(6) RPSC Chairman and Members

(7) Lokayukta and Up-Lokayukta

(8) Chairman and Members of State Human Rights Commission

(9) State Chief Information Commissioner, State Information Commissioners

NOTE - Appointment and Oath of Parliamentary Secretary - Chief Minister.

(B) Governor is the Chairman / Patron of various Commissions / Boards etc. -

(1) Chairman State Soldier Welfare Board

(2) Chairman West Zone Cultural Centre – Udaipur (Goa, Maharashtra, Gujarat, Rajasthan)

(3) Chairman Ex-Servicemen Welfare Committee

(4) Patron Scout and Guide

(5) President Rajasthan Red Cross Society (Vice President - CM)

(6) Chancellor of State Universities (Funded by State Government)

(C) Other Executive Powers

Article-

166(1) - All executive action of the State Government shall be expressed to be taken in the name of the Governor.

166(2,3) - To make rules for the more convenient transaction of business of the State Government and                                          allocation of portfolios among ministers.

208(3) - Governor can make rules regarding procedure of communication between both houses after                                      consultation with Speaker of Assembly and Chairman of Legislative Council in a state having                                           Legislative Council.

244 - Governor of the concerned state has certain specific powers in the sequence of administration and                    development schemes of Scheduled Areas declared tribes.

It is necessary to present before the Governor along with the CM before issuing orders in the                              following instruments-

1. Cases of termination of service and compulsory retirement of officers of State Government (whose appointer is State Government).
2. Cases related to cancellation of any review petition.
3. Cases related to personnel of Raj Bhawan and Governor.
4. Cases of acts and regulations of Parliamentary or State Legislature related to peace and administration of Scheduled Areas.
5. Any such important matter which the Chief Minister and Chief Secretary want to present.

(2) Legislative Powers -

160 - Discharge of functions of Governor in certain contingencies.

163 - Council of Ministers to aid and advise the Governor. (Except discretionary powers)

164(3) - Before a Minister enters upon his office, the Governor shall administer to him the oaths of office                                and of secrecy.

168 - Member / Part of Legislature.

171(5) - To nominate 1/6 members in State Legislative Council who will be from following fields - [Literature,                      Science, Art, Cooperative Movement, Social Service]

174(1) -> Summoning

174(2) -> Dissolution, Prorogation of Assembly.

175 -> Address of Governor.

176 -> Special Address of Governor (Opening Speech).

180 -> To appoint Chairman in case of vacancy of post of Speaker and Deputy Speaker. (Assembly                                          Speaker).

184 - In case of vacancy of post of Chairman and Deputy Chairman of Legislative Council.

     (In case of vacancy of post of Speaker and Deputy Speaker, appoints any member -> Assembly Speaker)

188 -> To appoint Protem Speaker.

192(1) -> To take decision in matters related to disqualification of State Legislature members related to Art. 191(1).

• -> After consultation with Election Commission of India.

200 :-Powers related to Bills -

(i) To give assent to bills.

(ii) To return the bill to Legislature for reconsideration.

(iii) To refuse to give assent to bills. (On Private Member Bills on advice of State Council of Ministers)

(iv) To reserve the bill for President -

 (a) If bill is related to Union List.

 (b) If related to Concurrent List on which Parliament has already made law. 

(c) Bill reducing powers of High Court. (d) Related to Right to Property. 

(e) If bill is related to Directive Principles or Fundamental Rights.

Art-213 Power to issue Ordinance-

• On the advice of State Council of Ministers.

• Life of Ordinance - 6 Months - 6 Weeks.

(3) Financial Powers -

207 -> To give prior recommendation to Money Bill.

202 -> To give prior recommendation to Budget (Annual Financial Statement).

203(3) -> Voting on Demand for Grants takes place with prior recommendation of Governor.

• Sending Money Bill to President in Financial Emergency.

205 -> Demand for Supplementary, Additional or Excess Grants.

243 (I & Y) -> To appoint Chairman and Members of State Finance Commission.

267(2) -> Control over State Contingency Fund.

• He gives advance amount to the state to meet unforeseen expenditure.

(4) Judicial Powers -

161 -> Pardoning Powers.

NOTE - Governor does not have power in case of Death Sentence and Court Martial.

217 - Before appointment of Judges of High Court - President consults / discusses with Governor.

219 -> Oath or Affirmation by Judges of High Courts before the Governor of that state or some person appointed by him. (IIIrd Schedule)

233 -> To appoint District Judges.

234 -> Recruitment of persons other than District Judges to the Judicial Service by Government.

(5) Permitting prosecution against Ministers-

The Supreme Court, giving an important arrangement in its decision of 5 November 2004, said that if a case is prima facie made out against any Minister, then the Governor can give permission to prosecute him. Even if the Council of Ministers has refused to give its permission.

(6) Discretionary Powers

 - Governor acts like Federal Government -

163(2) - This question shall not be inquired into in any court whether any, and if so what, advice was                                                tendered by Ministers to the Governor.

Art.-164(1) - Appointment of Chief Minister - Hung Assembly (No majority).

Art.-167 - To receive various legislative and administrative information from Chief Minister.

Art.-174(2) - To dissolve the Assembly.

• To dismiss the Council of Ministers.

Art. 175(2) - Governor can call the ruling party for majority test. (Floor Test)

Art. 176 - To call 'Special Session' of Assembly.

Art.- 200 - Discretionary powers in Bill

• To return bill for reconsideration - to State Legislature.

• To reserve bill for President.

Art. 239 - Powers of Administrator for Union Territory are described.

Art.-356 - Recommendation of President's Rule under this.

Art.-371 - Discretionary powers in reference to following states

• 371 - Maharashtra and Gujarat

• 371 A - Nagaland

• 371 B - Assam

• 371 C - Manipur

• 371 D - Telangana and Andhra Pradesh

• 371 E - Central University of Andhra Pradesh

• 371 F - Sikkim

• 371 G - Mizoram

• 371 H - Arunachal Pradesh

• 371 I - Goa

• 371 J - Karnataka

-> To grant permission for FIR against Chief Minister.

• Ex.- Bihar - By A.R. Kidwai against Lalu Prasad Yadav.

• By Shri Hansraj Bhardwaj against B.S. Yediyurappa (CM of Karnataka), 2011.

• Recently - Governor Thawar Chand Gehlot against Karnataka CM Siddaramaiah.

NOTE - Discretionary powers cannot be challenged in court.

(i) S.R. Bommai V/S Union of India 

(ii) Rameshwar Prasad V/S Union of India

# Governor as Representative of Central Government -

-> Appointment of Governor is done by President.

-> Removal of Governor is done by President.

-> Transfer of Governor can also be done by President.

-> Governor reserves bills for President under Art.-200.

-> Governor ensures implementation of administrative directions of Central Government in the state                        under Art.-256 and 257.

-> Governor recommends Art.-356 or President's Rule in the state.

-> 2015 Rule -> Before foreign travel, Governor has to give its information to President and Prime                                   Minister's Office.

-> Pension from Central Consolidated Fund.

# Governor is NOT a Representative of Central Government -

-> Governor is the Constitutional Head of the State.

-> Source of Governor's powers is the Indian Constitution.

-> Governor's Salary from State Consolidated Fund.

# Regarding the Appointment Process of Governor -

NOTE-

(1) Governor Relief Fund - 14 March 1973.

(2) Tribal Welfare Unit in Raj Bhawan - Since 2011.

(3) University Social Responsibility Program is monitored by the Governor.

# Important Facts regarding Governor -

-> First Rajpramukh - Sawai Man Singh II

-> First Governor - Gurumukh Nihal Singh (Maximum Tenure)

-> Governor who was member of Constituent Assembly, Interim Parliament, Lok Sabha, Rajya Sabha -                  Sardar Joginder Singh.

-> First Acting Governor - Jagat Narayan.

-> Governor who was RPSC Member - Raghukul Tilak.

-> President of Olympic Association, Air Chief Marshal - Omprakash Mehra.

• (Marshal, remained Chairman of Hindustan Aeronautics Limited (HAL)).

-> Honored with 'Manglaprasad' Award - Dr. Sampurnanand.

-> Died while in Office - (1) Darbara Singh (2) Nirmal Chand Jain (3) Shilendra Kumar Singh (4) Prabha Rao

-> Governors who were also Lokayukta of Rajasthan - (1) D.P. Gupta (2) Milap Chand Jain

Various Commissions and Committees regarding Governor -

# First Administrative Reforms Commission (1966 AD) - Impartial person should be appointed as Governor.

# Rajmannar Commission (1969)

• A person should be made Governor in a state only once.

• The appointment of Governor should be done impartially.

# Bhagwan Sahay Committee of Jammu & Kashmir (1970)

# Sarkaria Commission - (1983)

• Appointment of Governor on advice of CM.

• Provision of fixed tenure for Governor.

• Should not be an active person in politics.

• Should not be a resident of the state.

• Opportunity should be given to person from Minority community.

• Governor should be eminent in any Social / Scientific / Art / Literary field.

• Reason should be told before removing the Governor.

• If in politics, should be in "Cooling off Period".

• Art. 356 should be used as a last resort.

• Governor should not be removed before tenure (5 years) without any concrete reason.

2nd ARC -

• Inter-State Council should prepare guidelines regarding how the Governor can use his discretionary power.

# Recommendation of Punchhi Commission on Governor - 2007

(1) A committee should be formed for the appointment of Governor.

• Members -

  • PM

  • CM of concerned state

  • Home Minister

  • Lok Sabha Speaker

  • (Vice President)

(2) Governor should not be an active politician - (at least) 2 years.

(3) Removal of Governor should be done by Impeachment process.

(4) Governor should keep ordinary bill with him for maximum 6 months.

(5) Governor should not be made Chancellor of Universities.

(6) Tenure of Governor should be fixed for 5 years.

(7) Governor should have the right to take action / give order to prosecute against Minister / Council of                  Ministers.

# Areas of Difference/Conflict related to Governor -

1. Lack of timebound consideration on Bills - Critics allege that Articles 200 and 201 have been misused by Governors on various occasions.

2. Lack of clear demarcation of Powers - It is not clear how to view the constitutional mandate to act on the advice of Council of Ministers separately from the statutory authority to act as Chancellor. As a result, a situation of frequent conflict has been forming between the Governor and the State Government.

3. Bias related to Appointment - Critics say that the Central Government has appointed political figures and former bureaucrats having alliance with special political ideologies as Governors, which is a violation of the spirit of neutrality of the constitutionally specified post.

4. Apprehensions regarding being Agent of Center - In year 2001, the National Commission to Review the Working of the Constitution accepted that since the Governor is obliged to the Center for his appointment and continuing in office.therefore these apprehensions remain that he will follow the instructions given by the Central Council of Ministers.

• Critics believe that this has been a major reason behind the Governor's recommendation for President's Rule (Art. 356) in a state. It has not always been based on 'Factual Elements' but has relied on political whims or imagination.

5. No written process of removal - Governors have been removed arbitrarily many times because no                       written ground or process exists to remove them.

6. Implementation of Central administrative directions (Art. 256, 257) in the state by the Governor.

7. Tenure of Governor being during the pleasure of President.

8. The opportunity of Governor's discretionary powers to invite the leader of the largest party / alliance to form the government after election is misused in favor of a particular political party.

# Privileges of Governor -

Governor has the following privileges under Art. 361 -

1. No criminal case of any kind can be initiated against the Governor while in office.
2. Information of Civil cases against Governor has to be given 2 months prior.
3. Court cannot give orders for arrest of Governor while remaining in office.
4. Governor is not responsible to the Court for any of his acts.

# Symbolic Names of Governor -

• Sri Prakasha has described the role of Governor as only "Signing on the designated blank space".

• According to M.V. Pylee, "Governor is a wise counselor and establisher of peace in the state."

• Smt. Indira Gandhi believed that control has been established on "narrow provincialism" in India through the Governor.

• K.M. Munshi has considered this post as the guardian of constitutional propriety and the link which increases national unity while strengthening Center-State relations.

• First governor of rajasthan:- Gurumukh nihal Sing
• First woman Govrnor of rajasthan:-Pratibha patil
• First Governor who died while on post:- Darbar sing, Nirmalchand jain, Sheleindra Kumar singh, Shrimati Prabha rao.

• Chief Minister during the 1975 Emergency: Haridev Joshi.

• Governor during the 1975 Emergency: Sardar Joginder Singh.
• Governors who have been members of both Houses of Parliament: Kalraj Mishra, Sardar Joginder Singh, Margaret Alva, Pratibha Patil.
• Governors who also served as Speaker of the Lok Sabha: Bali Ram Bhagat, Shivraj Patil, Sardar Hukam Singh.
• Governor who also served as Deputy Chairperson of the Rajya Sabha: Pratibha Patil.
• Governors who were Speakers in any Legislative Assembly: Shri Gurmukh Nihal Singh, Shri Darbara Singh, Shri Dhanik Lal Mandal.
• Governors who have been Chief Ministers in any State or Union Territory: Kalyan Singh, Madan Lal Khurana, M. Chenna Reddy, Vasantdada Patil, Sampurnanand, Gurmukh Nihal Singh.
• Governor with the longest tenure: Gurmukh Nihal Singh.
• Women in the post of Governor: Smt. Pratibha Patil, Smt. Prabha Rau, Smt. Margaret Alva.
• Judges who served as Acting Governor of the state: Navrang Lal Tibrewal, Vedpal Tyagi, Milap Chand Jain, Jagat Narayan, K.D. Sharma, P.K. Banerjee, Dr. D.P. Gupta, J.S. Verma, Anshuman Singh.
• Governor with the shortest tenure: T.V. Rajeshwar.
• Only Shri Gurmukh Nihal Singh, Dr. Sampurnanand, Sardar Hukam Singh, Shri Joginder Singh, Shri Bali Ram Bhagat, and Shri Kalyan Singh were able to complete their full terms.
• Quotes regarding the Governor: * Sarojini Naidu: "A bird caged in a golden cage".

• Vijaya Lakshmi Pandit: "Attraction of salary".

• Pattabhi Sitaramayya: "One who provides hospitality/guest entertainment".

• Margaret Alva: "Headache".