Chapter 29: GOVERNOR OF STATES
The state executive
has Governor [head], chief minister and the council of
ministers and advocate
general. Governor is also an agent of the centre. One
governor can be appointed
for two or more states.
Governor is appointed by the president and
office during his pleasure. Term is 5 years.
President can transfer a governor.
Or reappoint a governor after his term is over in same
state or different
President can make alternative arrangement
for functions of governor in
case of contingency e.g.: appoint Chief Justice of H.C
to function as a
temporary governor. No such provision is made in the
constitution for emergency situations.
or above years of age
citizen of India
can’t be a Member of Parliament or state legislatures. The
day he is appointed
in as governor he is deemed to have vacated his seat in
He is immune from
legal liability regarding official acts. He has immunity
proceeding even for personal acts. Civil proceedings
regarding personal acts
can be started against him after two months notice.
governor discretion in his official functions. Also the
advice of the chief
minister and the council of ministers isn’t binding on
the governor. Whenever
there is a doubt on if the activity is at his discretion
or not the decision is
made by the governor and is final. Also whether he has
or hasn’t discretion on
a matter can’t be challenged in courts.
of bill for president’s consideration.
to impose presidents rule in state
exercising additional duty as administrator of UT he
needn't take advice of the cabinet.
information of administrative and legislative matters from
Powers of Governor:
All executive actions of state are taken in his name.
Powers of the governor by convention have to be exercised
with the advice of the CM + council of ministers. But
constitution doesn't put any compulsions.
make rules specifying which orders and instruments
made and executed in his name shall be authenticated.
He can makes rules for more
convenient transaction of business of State government and
allocation of said
business among ministers.
He appoints CM and council of
ministers and the attorney general; they occupy office
during his pleasure.
There should be a tribal welfare ministry in Jharkhand,
odissa, MP, Chhattisgarh.
He appoints State EC, Chairman and members of
State PSC + finance commission every five years to review
He is chancellor of all
universities in state and appoints vice chancellors.
Dissolving Vidhan Sabha. Summoning
and proroguing house of state legislature and dissolve
He can send messages to the Houses
of State Legislature regarding bills or otherwise. He
addresses state legislatures at
the beginning of first session after elections and at
start of each year.
He can nominate one sixth members
to state legislative council from fields of art,
science, cooperative movement,
literature and social service.
He can nominate one member of Anglo
Indian community to legislative assembly if he
feels community isn’t adequately
He decides questions of
disqualification of members after advice of EC which is
When the office of presiding
officer and deputy presiding officers becomes empty he
appoints a member for
temporarily presiding over the house.
Money bills and demand for grants
can be introduced only after his assent. He can make
advances out of
contingency fund of state.
He can make ordinances when state
legislature not in session or only one house in session in
case of bicameral
legislatures. He can withdraw ordinances anytime.
A bill can become an act only if
it has received governor’s assent. When a bill is given to
the governor he can:
- Give his assent
- Withhold his assent / Absolute veto
[only for ordinary bills / money bills]
- Return the bill for reconsideration /
Suspensive veto. However if the bill is again passed by
parliament then he has to give his assent to it. [ only
for ordinary bills ]
- Reserve bill for assent of president. If
the bill endangers position of high court than it has to
be reserved. Optionally governor may reserve bill in
following cases too:
against provision of
opposed to directive
principles of state policy
interest of country
of grave national
deals with compulsory
acquisition of property
A bill whether ordinary or money
bill when reserved for presidents assent needs no role
of governor in future.
Hence if the bill is returned by president and if the
state legislatures pass
it again it goes to the president directly.
promotes, and makes postings of district judges in
consultation with state high
Appoints people to
state judicial service after consulting state high court
and state PSC.
can grant pardon [remove sentence and conviction], remit
[reduce sentence but
not its character], reprieve [stay on execution for a
commute [substitute sentence with a lighter form] or
respite [award lesser
sentence due to special factors of convict] sentence of a
under state law.
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