State Governors: Major Constitutional Articles, Powers, Appointment and Expulsion

Ashok Nayak

Major Constitutional Articles, Powers, Appointment and Expulsion

Part VI of the Indian Constitution talks about the Governor of the state.

Important article related to Governor's office

 important point

  • Article 153 - Governor of states
  • Article 154 - Executive power of the state
  • Article 155 - Appointment of Governor
  • Article 156 - Governor's term
  • Article 157 - Qualifications for appointment as Governor
  • Article 158 - Conditions of office of Governor
  • Article 159 - Oath or pledge received by the Governor
  • Article 161 - Powers of Governor related to grant of pardon or other relief
  • Article 163 - Help and advice given by the Council of Ministers to the Governor
  • Article 165 - Advocate General of the state
  • Article 200 - Approval for Bills (ie Governor's consent for Bills passed by the State Legislature)
  • Article 201 - Bill reserved by Governor for consideration of President
  • Article 213 - Power of Governor to implement Ordinances
  • Article 217 - Governor's consultation with the President in the matter of appointment of judges of High Courts

State Governor: Powers, appointment and expulsion

1. The Governor is legally an executive head at the state level. His office is similar to that of the President of the Center.

2. The Governor is appointed by the President.

3. The Governor is appointed jointly for any one state or two or more states.  A person should have the following qualifications for the post of Governor:

 (a) He should be a citizen of India.

 (b) He must be 35 years or older.

4. He should not hold any office of profit.

5. Like the President, the Governor holds many types of immunities and privileges.  During his tenure, no criminal proceedings can be taken against him even if it is related to his personal actions.

6. Oath - The oath to the Governor is administered by the Chief Justice of the High Court of the state concerned and in his absence by the most senior judge of the High Court.

7. The term of the Governor is for five years.  He remains in office till the President's consent and submits his resignation to him.

8. Any state government performs all its functions formally in the name of the Governor.  He appoints the Chief Minister and other ministers who hold office till the consent of the Governor.

9. He appoints the Advocate General of a State and determines his remuneration.  The Advocate General assumes office until the consent of the Governor.

10. He appoints the State Election Commissioner.  The Election Commissioner can be removed on the same basis and same process as the High Court Judge.

11. He appoints the Chairman and members of the State Public Service Commission.  However, they can only be removed by the President and not by the Governor.

12. The governor is an integral part of the state assembly.  He can invoke the Assembly meeting or prorogation and dissolve it.

13. He nominates 1/6 of the members of the Legislative Assembly of the state.

14. He can nominate a member from the Anglo-Indian community in the state assembly.

15. The Governor may stop a bill from being approved or send it back for reconsideration (if that bill is not a money bill bill), and preserve the bill for reconsideration by the President.  (He can also reserve the Money Bill for reconsideration by the President).

16. In the event of the adjournment of the State Legislature session, he may implement an ordinance.  The ordinance must be approved within six weeks of being reassigned by the state assembly.  He can repeal an ordinance (Article 213) at any time.

17. Any Money Bill can be introduced in the Legislative Assembly only after obtaining the permission of the Governor.

18. He may grant pardon, relief and waiver for the punishment, suspension, defense and removal of any person convicted of any offense against any law in relation to a matter and the executive power of the State. ( Can expand.  Article 161)

19. The Governor is required to consult the President while appointing the judges of the High Court of the concerned State.

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