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POWERS OF A GOVERNOR

1. Legislative Powers:

According to the Constitution, the Governor has wide and strong legislative powers. He is an essential member of the State Legislature. The following are the Governor's primary legislative powers:

  • The Governor is given the authority under the Constitution to appoint one member to the Lower House and certain members to the Upper House of the State. He has the authority to appoint one member of the Anglo-Indian community to the State Legislative Assembly if he believes the group is underrepresented in that body. In a state having a Legislative Council, the Governor appoints one-sixth of its members.
  • The Governor has the authority to convene the State Legislature, prorogue either House, or dissolve the Legislative Assembly.
  • The Governor has the authority under the state Constitution to address the House or Houses of the state Legislature separately or jointly. He is required to deliver an address to the Legislature at the start of each new session and immediately following a general election to the Assembly in which he lays out his Government's policy for the coming year.
  • The Governor can also send messages to any House of the State Legislature. The Constitution lay down that a House to which any message is so sent shall consider any matter required by the message to be taken into consideration.
  • Every Bill passed by the State Legislature has to receive the Governor’s assent before it can become a law. The Governor has three alternatives before him with respect to such a Bill:
  • he can give his assent to the Bill; or
  • withholds assent; or
  • he may reserve the Bill for the consideration of the President; or
  • he can return it to the Legislature, if it is not a Money Bill, for reconsideration, suggesting alterations and modifications in part or in the whole. But such Bills when passed again by the Legislature must receive the assent of the Governor, which means that the Governor cannot withhold his assent to a bill if it is passed a second time by the State Legislature (Article 200).
  • The annual reports of various bodies like State Public Service Commission (Article 323), State Finance Commission, he may decide a matter relating to the disqualification of a member of the Legislature if that member’s election is challenged through a petition by some voter of his State (Article 192).
  • Ordinance making power of the Governor (Article 213):

When one or both Houses of the State Legislature are not in session, he may issue an Ordinance. It carries the weight of a law. When the Governor is convinced that the circumstances are met, he is entitled to issue an Ordinance. Exist which require Ordinance to act immediately when he is satisfied that circumstances exist which require him to act immediately when he is satisfied that circumstances exist which require him to act immediately when he is satisfied that circumstances exist which require him to act immediately when he is satisfied that circumstances exist which require him to act However, the Governor is prohibited from promulgating Ordinances that contain provisions that, under the Constitution, require the prior sanction of the President for introduction in the State Legislature or that are to be reserved for the President's assent before being introduced in the State Legislature. In such instances, the Governor may issue an Ordinance with the permission of the President.

An Ordinance issued by the Governor, like an Ordinance issued by the President, expires six months and six weeks after it is issued. An Ordinance may be withdrawn by the Governor at any time before it expires.

2. Financial Powers:

The financial powers and functions of the governor include:

  • No Money Bill and Financial Bill can be introduced in the State Legislative except on Governor’s recommendation.
  • No demand for a grant can be made in the Legislative Assembly except on his recommendation.
  • It is the duty of the Governor to get prepared and introduced in the State Legislature the annual budget showing the estimated revenue and expenditure of the State for that year and, if necessary, the supplementary budget for the State.
  • The Governor can also make advances out of the Contingency Fund of the State in case of unforeseen expenditure, pending its authorization by the Legislature.
  • He constitutes a Finance commission after every five years to review the financial position of the Panchayats and the municipalities.

3. Judicial Powers:

  • Pardoning Power (Art. 161):

According to Article 161, the Governor has the authority to grant pardons, reprieves, respites, and remissions of punishment, as well as suspend, remit, and commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends. However, the Governor's pardoning power differs from that of the President in that the President can commute a death sentence, whereas the Governor does not have this ability. The Governor lacks the authority to pardon penalties imposed by a court martial because this authority is reserved for the President of India.

  • Judicial Appointments:

The President consults with the Governor, and the Governor of the State appoints the judges of the relevant State High Court. And, with the State High Court's advice, he selects people to the state's judicial service other than district judges.

4. Emergency Powers:

The Governor has the authority to make a report to the President whenever he believes that a situation has arisen in which the State Government cannot be carried out in accordance with the provisions of the Constitution (Article 356), thereby inviting the President to assume the functions of the State Government or any of them. When the President's control is imposed in a state, the Governor's status changes dramatically. Instead of being a constitutional head of state who is led in his duties by his Council of Ministers, he becomes a "agent of the Union Government in the State."

He seizes control of the administration and governs the state with the assistance of the civil services. Thus, during a state of emergency, the Governor exercises the executive power of the state in accordance with the President's directives.

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