In India at the State level there is also Parliamentary Form of Government. The head of the executive is appointed on the advice of the Council of
Ministers and is a Constitutional head. According to Article 153 , each
States shall have a Governor. However, two or more States can have a
Governor.
According to Article 155, The Governor is appointed by the President. he is nominated by the central Government.
The powers of the Governor of a State are analogous to those of the president excepting that the Governor has no diplomatic military emergency power.
Powers of the Governor :
Powers of the Governor are as follows
1.Executive Powers
According to Article 154 of the Indian Constitution - The executive power of the State is vested in the Governor and is to be exercised by him directly or through officers subordinate to him. All executive actions of the Government of a State shall be expressed to be taken in the name of the Governor. He makes rules for transaction of business of the State Government.
He appoints The Chief Minister and other ministers. They hold office during his pleasure. He appoints the State Advocate General and determines his remuneration. He also appoints the State Election Commissioner and determines his service conditions and office tenure. He appoints the Chairman and members of the State Public Service Commission but cannot remove them, as the President removes them. He can seek any information regarding the administration of the State's affairs. He can recommend to the President the need for imposition of State emergency due to breakdown of constitutional machinery.
2.Legislative Powers
The Governor summons the Houses or each house of the Legislature of state to meet at such time and a place as he thinks fit. However, 6 months must not lapse between the last sitting in one session and the first in the next session. He may Prorogue the Houses or either House and dissolve the Legislative Assembly. He has the right to address the legislature.
He nominates 1/6 of the members of the Legislative Council from members having special knowledge of art, literature, science, Cooperative movement and social service, also one member from the Anglo Indian Community to the State Legislative Assembly. In consultation with the Election Commission, he decides over the question of disqualification of members of State legislature.
Governor can give assent to a bill, or withhold his assent, or return the Bill (except a money bill) for reconsideration of the State Legislature. But if the Bill is passed again, the Governor has to give assent then. Furthermore, He may Reserve a bill for assent of the President, if the bill is against the Directive Principles of State Policy, or is ultra vires the Constitution, or against National interest against national interest, or of grave national importance, or deals with compulsory acquisition under Article 31(a) of the Constitution. He lays the reports of the State Finance Commission, State Public Service Commission, Comptroller and Auditor General.
3.Financial Powers
A money bill cannot be introduced in the Legislative Assembly of the State without the Recommendation of the Governor. No demand of grants can be made except on the Recommendation of the Governor. The Governor is required to cause to be laid before the House or Houses of the Legislature 'annual financial statements' known as Budget . The Finance Commission is constituted by him every 5 years by him to review the financial condition of panchayats as well as municipalities.
4.Judicial Powers
The president consults him before appointment of High Court Judges, he can grant pardon, reprieve, respite, remission, suspension or commutation of sentence of a person convicted in a matter in which the State's executive Power extends. He appoints judicial person in consultation with the High Court and State Public Service Commission . The pardoning powers of the President stated under Article 161. The Governor cannot grant pardon in a death sentence, he can only suspend, remit, commute it.
5.The Pardoning Power
Article 161 says that the Governor shall have the powers to grant pardons, reprieves, respites or remissions of punishment to suspend, remit or commute the sentence of any person convicted of any offense against any law relating to matters to which the executive power of the State extends. The executive power of the State extends to matters with respect to which the Legislature of the State has power to make laws.
A similar power is conferred by Article 72 on the President of India. (See... Powers of the President of India) But there is a difference between the pardoning power of the President under Article 72 and the pardoning power of Governor of the State under Article 161.
The president's power is much wider than that of the Governors of States. The president has exclusive power to grant pardon in cases where the sentence is a death sentence on the other hand the Governor cannot grant pardon in case of a death sentence.
President can pardon punishments of sentence inflicted by Court Marshal. The Governors have no such power. In respect of suspension, remission and commutation of sentence of death both have concurrent power.
6. Discretionary Powers
He has discretionary powers in reservation of a Bill for the President's consideration, in Recommendation of President's rule in the State, in his capacity as administrator of the union territory, determination of amount that is payable by the government of Assam, Meghalaya, Tripura, Mizoram to the autonomous Tribal district council in case of royalty for mineral exploration. Also, he can seek information from the Chief Minister concerning administrative and legislative matters of the State.
Further, he can appoint Chief Minister when there is sudden vacancy of office due to death or there is no clear majority in the Legislative Assembly of the State, dismissing the Council of Ministers when they cannot prove confidence in the State Legislative Assembly.
7.Ordinance making Power of Governor :
The most important Legislative power of the Governor is his Ordinance making power. His Ordinance making power is similar to that of the President. under Article 213, whenever the legislature is not in session and if the Governor is satisfied that circumstances exist which require him to take immediate action he may legislate by Ordinances.
However, The Governor cannot issue an Ordinance without previous instructions from the President in case in which (i) Bill would have required his previous sanction or (ii) required to be reserved under the constitution for the assent of the President.
Every Ordinance is to be laid before both Houses of the State Legislature and shall cease to operate at the expiry of 6 weeks from the re-assembly of the legislature or earlier than six weeks if a resolution disapproving it is passed by the Legislative Assembly. The Governor may withdraw the ordinance at any time before the expiry of 6 weeks. The ordinance issued by the Governor shall have the same validity as an Act of the Legislature.
The powers of the Governor of a State are analogous to those of the president excepting that the Governor has no diplomatic military emergency power.
Powers of the Governor :
Powers of the Governor are as follows
1.Executive Powers
According to Article 154 of the Indian Constitution - The executive power of the State is vested in the Governor and is to be exercised by him directly or through officers subordinate to him. All executive actions of the Government of a State shall be expressed to be taken in the name of the Governor. He makes rules for transaction of business of the State Government.
He appoints The Chief Minister and other ministers. They hold office during his pleasure. He appoints the State Advocate General and determines his remuneration. He also appoints the State Election Commissioner and determines his service conditions and office tenure. He appoints the Chairman and members of the State Public Service Commission but cannot remove them, as the President removes them. He can seek any information regarding the administration of the State's affairs. He can recommend to the President the need for imposition of State emergency due to breakdown of constitutional machinery.
2.Legislative Powers
The Governor summons the Houses or each house of the Legislature of state to meet at such time and a place as he thinks fit. However, 6 months must not lapse between the last sitting in one session and the first in the next session. He may Prorogue the Houses or either House and dissolve the Legislative Assembly. He has the right to address the legislature.
He nominates 1/6 of the members of the Legislative Council from members having special knowledge of art, literature, science, Cooperative movement and social service, also one member from the Anglo Indian Community to the State Legislative Assembly. In consultation with the Election Commission, he decides over the question of disqualification of members of State legislature.
Governor can give assent to a bill, or withhold his assent, or return the Bill (except a money bill) for reconsideration of the State Legislature. But if the Bill is passed again, the Governor has to give assent then. Furthermore, He may Reserve a bill for assent of the President, if the bill is against the Directive Principles of State Policy, or is ultra vires the Constitution, or against National interest against national interest, or of grave national importance, or deals with compulsory acquisition under Article 31(a) of the Constitution. He lays the reports of the State Finance Commission, State Public Service Commission, Comptroller and Auditor General.
3.Financial Powers
A money bill cannot be introduced in the Legislative Assembly of the State without the Recommendation of the Governor. No demand of grants can be made except on the Recommendation of the Governor. The Governor is required to cause to be laid before the House or Houses of the Legislature 'annual financial statements' known as Budget . The Finance Commission is constituted by him every 5 years by him to review the financial condition of panchayats as well as municipalities.
4.Judicial Powers
The president consults him before appointment of High Court Judges, he can grant pardon, reprieve, respite, remission, suspension or commutation of sentence of a person convicted in a matter in which the State's executive Power extends. He appoints judicial person in consultation with the High Court and State Public Service Commission . The pardoning powers of the President stated under Article 161. The Governor cannot grant pardon in a death sentence, he can only suspend, remit, commute it.
5.The Pardoning Power
Article 161 says that the Governor shall have the powers to grant pardons, reprieves, respites or remissions of punishment to suspend, remit or commute the sentence of any person convicted of any offense against any law relating to matters to which the executive power of the State extends. The executive power of the State extends to matters with respect to which the Legislature of the State has power to make laws.
A similar power is conferred by Article 72 on the President of India. (See... Powers of the President of India) But there is a difference between the pardoning power of the President under Article 72 and the pardoning power of Governor of the State under Article 161.
The president's power is much wider than that of the Governors of States. The president has exclusive power to grant pardon in cases where the sentence is a death sentence on the other hand the Governor cannot grant pardon in case of a death sentence.
President can pardon punishments of sentence inflicted by Court Marshal. The Governors have no such power. In respect of suspension, remission and commutation of sentence of death both have concurrent power.
6. Discretionary Powers
He has discretionary powers in reservation of a Bill for the President's consideration, in Recommendation of President's rule in the State, in his capacity as administrator of the union territory, determination of amount that is payable by the government of Assam, Meghalaya, Tripura, Mizoram to the autonomous Tribal district council in case of royalty for mineral exploration. Also, he can seek information from the Chief Minister concerning administrative and legislative matters of the State.
Further, he can appoint Chief Minister when there is sudden vacancy of office due to death or there is no clear majority in the Legislative Assembly of the State, dismissing the Council of Ministers when they cannot prove confidence in the State Legislative Assembly.
7.Ordinance making Power of Governor :
The most important Legislative power of the Governor is his Ordinance making power. His Ordinance making power is similar to that of the President. under Article 213, whenever the legislature is not in session and if the Governor is satisfied that circumstances exist which require him to take immediate action he may legislate by Ordinances.
However, The Governor cannot issue an Ordinance without previous instructions from the President in case in which (i) Bill would have required his previous sanction or (ii) required to be reserved under the constitution for the assent of the President.
Every Ordinance is to be laid before both Houses of the State Legislature and shall cease to operate at the expiry of 6 weeks from the re-assembly of the legislature or earlier than six weeks if a resolution disapproving it is passed by the Legislative Assembly. The Governor may withdraw the ordinance at any time before the expiry of 6 weeks. The ordinance issued by the Governor shall have the same validity as an Act of the Legislature.
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