Governors - Role, Qualifications, Functions and Powers

President Droupadi Murmu recently appointed six new Governors and reshuffled the positions of three others. Among these changes, Om Mathur has been appointed as the Governor of Sikkim, K. Kailashnathan as the Lieutenant Governor of Puducherry, and Santosh Kumar Gangwar as the Governor of Jharkhand. Other notable appointments include Jishnu Dev Varma as the Governor of Telangana, Ramen Deka as the Governor of Chhattisgarh, and C.H. Vijayashankar as the Governor of Meghalaya. Haribhau Kisanrao Bagde has been appointed as the Governor of Rajasthan.

These appointments reflect the dynamic nature of the role of Governors in India, serving as key figures in both state and national politics.

The Role of the Governor

The Governor serves as the constitutional head of a state, performing a role similar to that of the President at the central level. While the Governor holds office in states, Lieutenant Governors and Administrators fulfill a comparable role in Union Territories.
Unlike many administrative positions, the Governor’s office is an independent constitutional office, meaning that it is not subordinate to the central government. The provisions for the office of the Governor are outlined in Articles 153 to 167 of the Indian Constitution under Part VI, which deals with the State Executive. The Governor is part of the State Executive, which includes the Chief Minister, Council of Ministers, and the Advocate General.

The Process of Appointment

The office of the Governor in India was derived from the Government of India Act of 1935, adopting elements from the Canadian model. According to the Constitution, the Governor is appointed by the President of India through a warrant under the President’s hand and seal.

The Governor has a dual role: acting as the nominal chief executive head of the state while also serving as the agent of the central government. This duality emphasizes the Governor’s responsibility to both the state and the central government, ensuring that national policies are implemented at the state level while respecting the autonomy of the state government.

Qualifications and Oath

To be appointed as a Governor, a person must meet certain qualifications. The Constitution mandates that the individual must be a citizen of India and at least 35 years old. Additionally, it is conventionally expected that the Governor is an outsider to the state in which they are appointed, to maintain neutrality. The Chief Minister of the state is typically consulted before the President appoints a Governor.

Upon appointment, the Governor takes an oath of office, administered by the Chief Justice of the state High Court. In this oath, the Governor pledges to faithfully execute the duties of the office, preserve the Constitution, and serve the people.

Term and Removal

While the Governor is appointed for a five-year term, the tenure is subject to the pleasure of the President, meaning the Governor can be removed by the President at any time without the need for specific grounds. This allows flexibility in the role, though it has been a point of contention in some cases.

A Governor can also resign by addressing a letter to the President. In cases of vacancy or other contingencies, the Chief Justice of the state High Court may temporarily assume the functions of the office.

Functions and Powers of the Governor

The Governor’s role is multifaceted, with several important functions in state governance:

Executive Powers: The Governor holds executive power over state matters and acts on the advice of the Chief Minister and the Council of Ministers.

Legislative Powers: The Governor has limited legislative powers, such as the ability to withhold assent to bills passed by the state legislature. The Governor also has the authority to summon and dissolve the state legislative assembly.

Discretionary Powers: In certain cases, especially during constitutional crises, the Governor can exercise discretionary powers without the advice of the state government.

Additional Roles: In many states, the Governor also acts as the Chancellor of state universities, ensuring that the education sector is aligned with state and national goals.

Sarkaria Commission Recommendations (1988)

The Sarkaria Commission suggested reforms to enhance the effectiveness and integrity of the office of the Governor. These recommendations include:

The Chief Minister should be consulted by the President before appointing a Governor.

The Governor should be a person of eminence and ideally should not belong to the state where they are appointed to maintain neutrality.
The Governor should not be removed before completing the term unless in rare and exceptional circumstances.
The Governor should act as a bridge between the Centre and the State, exercising discretionary powers with caution and care.

These reforms aim to improve the role of the Governor in facilitating cooperation between the Centre and the States while maintaining the constitutional integrity of the office.

Conclusion

In conclusion, the Governor’s role in India is vital for maintaining the balance between the central and state governments. With recent appointments, this constitutional office continues to play a pivotal role in shaping the governance and political landscape of India.