Governors of States of India (Introduction, Qualification, Powers & Removal)

The Governor

Introduction: State executive branches are headed by governors appointed by the president. The governor acts as the nominal head whereas the real power lies in the hand of the chief ministers of the states and the chief minister's Council of Ministers.

Governor is the executive head of the State.
The Governor is neither directly nor indirectly elected by the people he is appointed by the President.
Generally every state has its own Governor, but in 7th amendment act, 1956 it was declared that the same person can act as the Governor of 2 or more States.
The oath of the Governor is administered by the Chief Justice of the High Court of that state or in his absence by the senior most Judge of that High court.
His salary is paid from Consolidated Fund of India.

Qualification

Must be a citizen of India.
Must have completed 35 years of age.
Must not hold any office of profit.
Must not be a member of either house of parliament or State Legislature.
Must be eligible to be a member of State Legislature.

Powers

Governor exercises different types of powers which are categorized under following headings

Executive Powers

He appoints the Chief Minister, Council of Ministers, Chairman and members of the State Public Service Commission, Advocate General of the State and Election Commissioner of the State.

Legislative Powers

Governor can summon and prorogue both the houses of state legislatures and can dissolve the Legislative Assembly according to the advice of Council of Ministers.
Governor addresses the state legislatures after every assembly election and at the beginning of the first session every year.
He appoints one-sixth member of Legislative Council (Vidhan Parishad) and also nominates 1 person from Anglo-Indian community in Legislative Assembly (Vidhan Sabha).
A bill passed by the state legislature becomes a law only after the Governor gives his assent.
Governor can reserve certain bills for consideration of the president.
If a bill is not a money bill Governor can send this bill back to the state legislature for reconsideration but for once only.
Governor can promulgate ordinances in the recess of the state legislature. These ordinances are as effective as laws.

Financial Powers

Money bills can be introduced in the state Legislative Assembly only after the prior recommendation of the Governor.
Governor ensures that the Annual Financial Statement of the state (state budget) is laid before the State Legislature.
Governor constitutes the State Finance Commission.

Judicial Powers

Judges of High Courts are appointed by the president after consultation with the Governor of that state where the High Court is located.
Governor appoints the judges of the District Courts.
The Governor of a state has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
Unlike the president Governors do not have any pardoning power in cases of death sentence.

Discretionary Powers

These powers are exercised by the Governor at his discretion during the following situations.

If no party gets an absolute majority, the governor can use his discretion in the selection of the chief minister.
During an emergency he can override the advice of the council of ministers of the state. At such times, he acts as an agent of the president and becomes the real ruler of the state.
He uses his direction in submitting a report to the president regarding the affairs of the state and also recommends President’s rule when the state is running unconstitutionally.

Removal

The term of governor's office is normally 5 years but it can be terminated earlier by dismissal by the president on the advice of the prime minister of the country, at whose pleasure the governor holds office.
The Governor himself can terminate his term before its completion by writing his resignation to the President.