Governor and the State Executive: Articles and Powers

The Governor is the constitutional head of a State and the first link between the Union and the State Government. Part VI of the Constitution, in Articles 153 to 167, sets out the State Executive: the Governor, the Chief Minister, the Council of Ministers and the Advocate General. Examiners return to this chapter every year because the Governor's office mixes fixed rules with wide discretion, and because its articles are easy to confuse with the parallel articles for the President.

The office of the Governor

Article 153 says there shall be a Governor for each State. The Seventh Amendment, 1956 added that the same person may be appointed Governor of two or more States. Article 154 vests the executive power of the State in the Governor, exercised by him directly or through officers subordinate to him. Article 155 says the Governor is appointed by the President by warrant under his hand and seal; he is not elected, either directly or indirectly. Article 156 gives a term of five years but adds that the Governor holds office during the pleasure of the President, so the term is not secure; the resignation is addressed to the President. Article 157 fixes only two qualifications: the person must be a citizen of India and must have completed thirty-five years of age. Article 158 bars the Governor from being a member of Parliament or of a State legislature and from holding any other office of profit; his emoluments are charged on the Consolidated Fund of the State and cannot be reduced during his term. Under Article 159 the oath is administered by the Chief Justice of the High Court of that State, and in his absence by the senior-most judge available.

Powers of the Governor

The Governor's powers are executive, legislative, financial and judicial. He appoints the Chief Minister, the other Ministers, the Advocate General under Article 165, and the Chairman and members of the State Public Service Commission. Under Article 168 the State legislature consists of the Governor and one or two Houses, so he summons, prorogues and dissolves the House under Article 174 and addresses it under Article 176. Under Article 171 one-sixth of the members of a Legislative Council are nominated by him from persons with special knowledge of literature, science, art, the cooperative movement and social service. Article 200 gives him four choices on a Bill: assent, withhold assent, return a Bill that is not a Money Bill for reconsideration, or reserve it for the consideration of the President. Article 213 lets him promulgate an Ordinance when the House is not in session. Financially, a Money Bill can be introduced in the Assembly only on his recommendation, and the State Budget is laid before the House in his name. Article 161 gives him the power to grant pardons, reprieves, respites and remissions of punishment in cases relating to matters to which the executive power of the State extends. His judicial power is narrower than the President's: he cannot pardon a death sentence, though he may suspend, remit or commute it, and he has no power over sentences of court martial.

The Chief Minister and the Council of Ministers

Article 163 says there shall be a Council of Ministers headed by the Chief Minister to aid and advise the Governor, except where he is required to act in his discretion. Article 164 provides that the Chief Minister is appointed by the Governor and the other Ministers are appointed by the Governor on the advice of the Chief Minister. Ministers hold office during the pleasure of the Governor, but the Council of Ministers is collectively responsible to the Legislative Assembly, which is the real test of its survival. The Ninety-first Amendment, 2003 inserted Article 164(1A): the total number of Ministers, including the Chief Minister, must not exceed fifteen per cent of the total strength of the Legislative Assembly, and must not be fewer than twelve. A proviso to Article 164(1) requires a Minister in charge of tribal welfare in Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha. Article 167 makes it the duty of the Chief Minister to furnish the Governor with information about the administration of the State.

Discretion and the working of the office

The Governor acts on ministerial advice in the ordinary course, as the Supreme Court held in Shamsher Singh v. State of Punjab (1974). His discretion survives in a few situations: appointing a Chief Minister when no party has a clear majority, dismissing a ministry that has lost the confidence of the House, recommending President's Rule under Article 356, and reserving a Bill for the President. Some Governors have special responsibilities: law and order in Nagaland under Article 371A, the development boards of Vidarbha and Marathwada under Article 371(2), and the administration of tribal areas under the Sixth Schedule. Article 160 allows the President to make provision for the discharge of the Governor's functions in an unforeseen contingency.

Facts an examiner uses