Introduction
Insights of Governor's Office in India: Recently, we have heard the news that Kerala Government has gone to the Supreme Court against the Kerala’s Governor Arif Mohammad Khan. They have alleges the Governor of biasness and withholding the assent on bills that have been passed by Kerala’s government.
This is not a new allegation by Kerala Government. Also, there are many similar cases in many other states of India. This is a latest issue that we are facing related to the constitution of India and its interpretation. For this reason, this topic becomes important in context of UPSC Prelims and UPSC Mains answer writing.
This is why, in this article, we have added all the information about this incident and also we have added all the questions that may have been asked in UPSC prelims exams related to this incidents.
So, let’s start-
Who is the Governor of India?
The Governor is a constitutional post in India and serves as the constitutional head of a state, similar to how the President is the constitutional head of India. The Governor works to uphold the Constitution, protect the rights of the citizens, and ensure the proper functioning of the state government.
The appointment of the Governor is mentioned in Article 155 of the Constitution, which states that the Governor of a state shall be appointed by the President by warrant under his hand and seal.
The Governor has various functions, including giving assent to bills passed by the state legislature, appointing the Chief Minister and other Ministers, and addressing the state legislature.
The eligibility criteria for the office of Governor are mentioned in Article 157 of the Constitution, which states that a person shall be eligible for appointment as Governor if they are a citizen of India and have completed the age of 35 years.
Why Governor of India in News?
Recently, Kerala Government moved to the Supreme Court because the Governor of Kerala, named Arif Mohammad Khan was alleges of withholding the bills that were passed by the state assembly. Arif Mohammad Khan was Alleged of Biasness and adhering to constitutional procedures.
A Governor in India does not have a specific time limit for withholding a bill.
According to Article 200 of the Indian Constitution, the Governor has the power to either give assent to a bill, withhold assent to a bill, or reserve a bill for the consideration of the President.
The Constitution does not specify a time frame within which the Governor must act on a bill. In practice, the time taken by a Governor to act on a bill can vary depending on the circumstances and the nature of the bill.
However, the Governor is expected to act in accordance with the Constitution and the laws of the land, and any unreasonable delay in taking action on a bill could potentially be challenged in a court of law.
Powers of Governor in India
We have listed the powers of Governors of India [which they assess from the Constitution of India] below:
1. Appointment of the Chief Minister and other Ministers.
2. Summoning or proroguing the state legislature.
3. Addressing the state legislature at the commencement of each session.
4. Recommending the imposition of President's rule in the state.
5. Granting pardons, reprieves, respites, or remissions of punishment.
6. Suspending, remitting, or commuting sentences in certain cases.
7. Appointing judges to the state high court.
8. Appointing the Advocate General for the state.
9. Appointing the chairman and members of the State Public Service Commission.
10. Dissolving the state legislative assembly.
11. Giving assent to bills passed by the state legislature.
12. Withholding assent to bills passed by the state legislature.
13. Reserving bills for the consideration of the President.
14. Discretionary powers in matters relating to administration.
15. Power to return a bill (except money bill) for reconsideration by the state legislature.
16. Power to summon or prorogue the state legislature and dissolve the state legislative assembly.
17. Power to promulgate ordinances when the state legislature is not in session.
18. Power to lay reports of the State Public Service Commission and the Comptroller and Auditor General before the state legislature.
19. Power to make rules for the allocation of business to different departments of the state government.
20. Power to make rules for the conduct of the business of the state government.
21. Power to decide disputes related to the election of the members of the state legislature.
22. Power to grant leave of absence to the Chief Minister.
23. Power to administer the oath of office and secrecy to the Chief Minister and other Ministers.
24. Power to appoint the Advocate General for the state.
25. Power to appoint the chairman and members of the state planning board.
26. Power to appoint the chairman and members of the state public service commission.
27. Power to nominate members to the state legislative council.
28. Power to determine the salary and allowances of the Chief Minister and other Ministers.
29. Power to determine the salary and allowances of the Advocate General for the state.
30. Power to determine the salary and allowances of the chairman and members of the state public service commission.
Constitutional Provisions for Powers of Governor in India
We have listed the key article of the constitution which empowers the governors with great powers.
1. Article 154: Executive power of the state
2. Article 155: Appointment of Governor
3. Article 156: Term of office of Governor
4. Article 157: Qualifications for appointment as Governor
5. Article 160: Discharge of the functions of the Governor in certain contingencies
6. Article 161: Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
7. Article 163: Council of Ministers to aid and advise Governor
8. Article 164: Other provisions as to Ministers
9. Article 166: Conduct of business of the Government of a State
10. Article 167: Duties of Chief Minister as respects the furnishing of information to the Governor, etc.
11. Article 174: Sessions of the State Legislature, prorogation and dissolution
12. Article 175: Right of Governor to address and send messages to the House or Houses
13. Article 176: Special address by the Governor
14. Article 200: Assent to Bills
15. Article 202: Annual financial statement
16. Article 213: Power of Governor to promulgate Ordinances during recess of Legislature
Duties & Responsibilities of Governor of India
We have listed the duties and responsibilities of the Governor in India below. The duties and responsibilities of the Governor in India are to:
1. Act as the constitutional head of the state and represent the President of India at the state level.
2. Uphold the Constitution and protect the rights of the citizens.
3. Ensure the proper functioning of the state government.
4. Appoint the Chief Minister and other Ministers as per the advice of the Chief Minister.
5. Summon or prorogue the state legislature and dissolve the state legislative assembly.
6. Address the state legislature at the commencement of each session.
7. Give assent to bills passed by the state legislature, withhold assent to bills, or reserve bills for the President's consideration.
8. Grant pardons, reprieves, respites, or remissions of punishment, and suspend, remit or commute sentences in certain cases.
9. Appoint judges to the state high court, the Advocate General for the state, and the chairman and members of the State Public Service Commission.
10. Decide disputes related to the election of the members of the state legislature.
11. Administer the oath of office and secrecy to the Chief Minister and other Ministers.
12. Nominate members to the state legislative council.
13. Make rules for the allocation of business to different departments of the state government and for the conduct of the business of the state government.
14. Lay reports of the State Public Service Commission and the Comptroller and Auditor General before the state legislature.
15. Use discretionary powers in matters relating to administration.
16. Promulgate ordinances when the state legislature is not in session.
17. Exercise any other powers and functions as specified in the Constitution or conferred by the President.
Powers of the Governor of India related to Give Assent to the Bills
The Governor of an Indian state has several powers related to giving assent to bills passed by the state legislature, as provided by Article 200 of the Indian Constitution. These powers are as follows:
1. Giving Assent to the Bill: The Governor can give assent to a bill passed by the state legislature, upon which the bill becomes a law.
2. Withholding Assent to the Bill: The Governor can withhold assent to a bill, effectively vetoing it. If the Governor withholds assent, the bill does not become a law.
3. Returning the Bill for Reconsideration: If the bill is not a money bill, the Governor can return it to the state legislature for reconsideration with a request for amendments. If the state legislature passes the bill again, with or without amendments, the Governor is bound to give assent to the bill.
4. Reserving the Bill for the President's Consideration: The Governor can reserve certain bills for the consideration of the President. If the President gives assent to the bill, it becomes a law. If the President withholds assent, the bill does not become a law.
Powers of the Governor of India related to Give Assent to the Bills [M. Lakshmikant]
There are certain types of bills that the Governor is required to reserve for the President's consideration, including bills that are inconsistent with the provisions of the Constitution, bills that are opposed to the Directive Principles of State Policy, bills that are against the larger interest of the country, bills of grave national importance, and bills dealing with the compulsory acquisition of property under Article 31A of the Constitution.
Additionally, the Governor must reserve any bill for the President's consideration if it endangers the position of the state high court.
Qualification for the Governor in India
The qualifications for the position of Governor in India are outlined in Article 157 of the Indian Constitution. A person must fulfill the following criteria to be eligible for appointment as a Governor:
1. Citizenship: The person must be a citizen of India.
2. Age: The person must have completed the age of 35 years.
In addition to these constitutional requirements, the person should also have some experience in public life and should be capable of representing the state in a dignified and unbiased manner. The President of India, who appoints the Governor, takes into consideration the individual's background, qualifications, and suitability for the position before making the appointment.
It is important to note that the Constitution does not prescribe any educational or professional qualifications for the position of Governor. The person appointed as Governor should be of high standing and should have the ability to uphold the dignity and prestige of the office.
The appointment of the Governor is a discretionary power of the President, and the person appointed should be able to act as a bridge between the state government and the central government, and should be able to perform the functions of the office in accordance with the Constitution and the laws of the land.
Veto Powers of the Governor
The veto powers of the Governor of a state in India are outlined in Article 200 of the Indian Constitution. The Governor has the following veto powers:
1. Absolute Veto
The Governor can withhold assent to a bill, effectively rejecting it. This is known as an absolute veto. If the Governor withholds assent to a bill, the bill does not become a law.
2. Suspensive Veto
If the bill is not a money bill, the Governor can return it to the state legislature for reconsideration with a request for amendments. This is known as a suspensive veto. If the state legislature passes the bill again, with or without amendments, the Governor is bound to give assent to the bill.
3. Pocket Veto
The Governor can also exercise a pocket veto by neither assenting to the bill nor returning it for reconsideration, effectively taking no action on the bill. The Constitution does not specify a time frame within which the Governor must act on a bill, so the time taken by the Governor to act on a bill can vary depending on the circumstances and the nature of the bill.
4. Qualified Veto
The Governor can reserve certain bills for the consideration of the President. This is known as a qualified veto. If the President gives assent to the bill, it becomes a law. If the President withholds assent, the bill does not become a law.
There are certain types of bills that the Governor is required to reserve for the President's consideration, including bills that are inconsistent with the provisions of the Constitution, bills that are opposed to the Directive Principles of State Policy, bills that are against the larger interest of the country, bills of grave national importance, and bills dealing with the compulsory acquisition of property under Article 31A of the Constitution.
Additionally, the Governor must reserve any bill for the President's consideration if it endangers the position of the state high court.
What is the meaning of 'pleasure of the President'?
The term "pleasure of the President" is used in the Indian Constitution to refer to the discretionary power of the President to make certain appointments or take certain actions without being bound by any fixed term or conditions. When an appointment or action is said to be at the "pleasure of the President," it means that the person appointed or the action taken can be terminated or revoked by the President at any time, without assigning any reason.
For example, the Governor of a state in India is appointed by the President and holds office during the pleasure of the President, as per Article 156 of the Constitution. This means that the Governor can be removed from office by the President at any time, without any formal procedure or inquiry.
Similarly, members of the Council of Ministers, including the Prime Minister, hold office during the pleasure of the President, as per Article 75 of the Constitution. This means that the President can dismiss any member of the Council of Ministers, including the Prime Minister, at any time.
The concept of "pleasure of the President" is based on the principle that certain high offices in the government should be accountable to the President, who is the head of state and the highest constitutional authority in the country.
List of Governors of India 2023
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List of Governors of India’s states in 2023 - Governor of India State List |
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Governor of Andhra Pradesh |
Shri Justice (Retd.) S. Abdul Nazeer |
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Governor of Arunachal Pradesh |
Lt. General Kaiwalya Trivikram Parnaik, PVSM, UYSM, YSM (Retired) |
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Governor of Assam |
Shri Gulab Chand Kataria |
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Governor of Bihar |
Shri Rajendra Vishwanath Arlekar |
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Governor of Chhattisgarh |
Shri Biswa Bhusan Harichandan |
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Governor of Goa |
Shri P.S. Sreedharan Pillai |
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Governor of Gujarat |
Shri Acharya Dev Vrat |
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Governor of Haryana |
Shri Bandaru Dattatraya |
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Governor of Himachal Pradesh |
Shri Shiv Pratap Shukla |
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Governor of Jharkhand |
Shri C.P. Radhakrishnan |
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Governor of Karnataka |
Shri Thaawarchand Gehlot |
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Governor of Kerala |
Shri Arif Mohammed Khan |
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Governor of Madhya Pradesh |
Shri Mangubhai Chhaganbhai Patel |
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Governor of Maharashtra |
Shri Ramesh Bais |
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Governor of Manipur |
Sushri Anusuiya Uikye |
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Governor of Meghalaya |
Shri Phagu Chauhan |
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Governor of Mizoram |
Dr. Kambhampati Haribabu |
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Governor of Nagaland |
Shri La. Ganesan |
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Governor of Odisha |
Shri Raghubar Das |
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Governor of Punjab |
Shri Banwarilal Purohit |
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Governor of Rajasthan |
Shri Kalraj Mishra |
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Governor of Sikkim |
Shri Lakshman Prasad Acharya |
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Governor of Tamil Nadu |
Shri R. N. Ravi |
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Governor of Telangana |
Dr. Tamilisai Soundararajan |
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Governor of Tripura |
Shri Indra Sena Reddy Nallu |
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Governor of Uttar Pradesh |
Smt. Anandiben Patel |
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Governor of Uttarakhand |
Lt. Gen. Gurmit Singh, PVSM, UYSM, AVSM, VSM (Retd.) |
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Governor of West Bengal |
Dr. C.V. Ananda Bose |
FAQ’s related to the Governor of India
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