Governors and Lieutenant-Governors of states of India
Encyclopedia
The Governors and Lieutenant-Governors of the states and territories of India
have similar powers and functions at the state level as that of the President of India
at Union level. Governors exist in the states while Lieutenant-Governors exist in union territories and in the National Capital Territory of Delhi
. The Governor acts as the nominal head whereas the real power lies in the hand of the Chief Ministers of the states and the Chief Minister's Council of Ministers.
In India
, a Lieutenant governor is in charge of a Union Territory
. However the rank is present only in the union territories of Andaman and Nicobar Islands, Delhi and Pondicherry (the other territories have an administrator appointed, who is an IAS
officer). Lieutenant-Governors hold the same rank as a Governor of a state in the list of precedence.
The Governors and Lieutenant-Governors are appointed by the President
for a term of 5 years.
vests in the Governor all the executive powers of the State Government. The Governor appoints the Chief Minister who enjoys the support of the majority in the Vidhan Sabha
. The Governor also appoints the other members of the Council of Ministers and distributes portfolios to them on the advice of the Chief Minister.
The Council of Ministers remain in power during the 'pleasure' of the Governor, but in the real sense it means the pleasure of the Vidhan Sabha. As long as the majority in the Vidhan Sabha supports the government, the Council of Ministers cannot be dismissed.
The Governor appoints the Chief Minister of a state. He/she also appoints the Advocate General
and the chairman and members of the State Public Service Commission. The President
consults the Governor in the appointment of judges of the High Courts
and the Governor appoints the judges of the District Courts.
. These powers are formal and the Governor while using these powers must act according to the advice of the Council of Ministers headed by the Chief Minister.
The Governor inaugurates the state legislature by addressing it after the assembly elections and also at the beginning of the first session every year. The Governor's address on these occasions generally outlines new policies of the state government.
A bill that the state legislature has passed, can become a law only after the Governor gives assent. The Governor can return a bill to the state legislature, if it is not a money bill
, for reconsideration. However, if the state legislature sends it back to the Governor for the second time, the Governor must assent to it. The Governor has the power to reserve certain bills for the President.
When the state legislature is not in session and the Governor considers it necessary to have a law, then the Governor can promulgate ordinances. These ordinances are submitted to the state legislature at its next session. They remain valid for no more than six weeks from the date the state legislature is reconvened unless approved by it earlier.
In the appointment of the Chief Minister of a state
When no party gets a majority in the Vidhan Sabha
, the Governor can either ask the leader of the single largest party or the consensus leader of two or more parties (that is, a coalition party) to form the government. The Governor then appoints the leader of the largest party to Chief Minister.
In informing the President of the failure of constitutional machinery in a state
The Governor can send a report to the President informing him or her that the State's constitutional functioning has been compromised and recommending the President impose "President's rule
" upon the state.
1. Dismissal by the President on the advice of the Prime Minister of the country, at whose pleasure the Governor holds office.
2. Resignation by the governor
There is no provision of impeachment, as it happens for the President.
Administrators in British India
States and territories of India
India is a federal union of states comprising twenty-eight states and seven union territories. The states and territories are further subdivided into districts and so on.-List of states and territories:...
have similar powers and functions at the state level as that of the President of India
President of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
at Union level. Governors exist in the states while Lieutenant-Governors exist in union territories and in the National Capital Territory of Delhi
Delhi
Delhi , officially National Capital Territory of Delhi , is the largest metropolis by area and the second-largest by population in India, next to Mumbai. It is the eighth largest metropolis in the world by population with 16,753,265 inhabitants in the Territory at the 2011 Census...
. The Governor acts as the nominal head whereas the real power lies in the hand of the Chief Ministers of the states and the Chief Minister's Council of Ministers.
In India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, a Lieutenant governor is in charge of a Union Territory
Union Territory
A Union Territory is a sub-national administrative division of India, in the federal framework of governance. Unlike the states of India, which have their own elected governments, union territories are ruled directly by the federal government; the President of India appoints an Administrator or...
. However the rank is present only in the union territories of Andaman and Nicobar Islands, Delhi and Pondicherry (the other territories have an administrator appointed, who is an IAS
Indian Administrative Service
The Indian Administrative Service is the administrative civil service of the Government of India. It is one of the three All India Services....
officer). Lieutenant-Governors hold the same rank as a Governor of a state in the list of precedence.
The Governors and Lieutenant-Governors are appointed by the President
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
for a term of 5 years.
Powers and functions
The Governor enjoys many different types of powers:- Executive powers related to administration, appointments and removals,
- Legislative powers related to lawmaking and the state legislature, that is Vidhan SabhaVidhan SabhaThe Vidhan Sabha or the Legislative Assembly is the lower house or the sole house of the provincial legislature in the different states of India. The same name is also used for the lower house of the legislatures for two of the union territories, Delhi and Pondicherry...
or Vidhan ParishadVidhan ParishadThe Vidhan Parishad is the upper house in those states of India that have a bicameral legislature. , six states have a Legislative Council: Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, and Uttar Pradesh...
, - Discretionary powers to be carried out according to the discretion of the Governor.
Executive powers
The ConstitutionConstitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
vests in the Governor all the executive powers of the State Government. The Governor appoints the Chief Minister who enjoys the support of the majority in the Vidhan Sabha
Vidhan Sabha
The Vidhan Sabha or the Legislative Assembly is the lower house or the sole house of the provincial legislature in the different states of India. The same name is also used for the lower house of the legislatures for two of the union territories, Delhi and Pondicherry...
. The Governor also appoints the other members of the Council of Ministers and distributes portfolios to them on the advice of the Chief Minister.
The Council of Ministers remain in power during the 'pleasure' of the Governor, but in the real sense it means the pleasure of the Vidhan Sabha. As long as the majority in the Vidhan Sabha supports the government, the Council of Ministers cannot be dismissed.
The Governor appoints the Chief Minister of a state. He/she also appoints the Advocate General
Advocate General
An Advocate General is a senior law officer of a country or other jurisdiction, usually charged with advising the courts or Government on legal matters.-India:In India, an Advocate General is a legal adviser to a state government...
and the chairman and members of the State Public Service Commission. The President
President of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
consults the Governor in the appointment of judges of the High Courts
High Courts of India
India's unitary judicial system is made up of the Supreme Court of India at the national level, for the entire country and the 21 High Courts at the State level. These courts have jurisdiction over a state, a union territory or a group of states and union territories...
and the Governor appoints the judges of the District Courts.
Legislative powers
The Governor summons the sessions of both houses of the state legislature and prorogues them. The Governor can even dissolve the Vidhan SabhaVidhan Sabha
The Vidhan Sabha or the Legislative Assembly is the lower house or the sole house of the provincial legislature in the different states of India. The same name is also used for the lower house of the legislatures for two of the union territories, Delhi and Pondicherry...
. These powers are formal and the Governor while using these powers must act according to the advice of the Council of Ministers headed by the Chief Minister.
The Governor inaugurates the state legislature by addressing it after the assembly elections and also at the beginning of the first session every year. The Governor's address on these occasions generally outlines new policies of the state government.
A bill that the state legislature has passed, can become a law only after the Governor gives assent. The Governor can return a bill to the state legislature, if it is not a money bill
Money bill
In the Westminster system , a money bill or supply bill is a bill that solely concerns taxation or government spending , as opposed to changes in public law.- Conventions :...
, for reconsideration. However, if the state legislature sends it back to the Governor for the second time, the Governor must assent to it. The Governor has the power to reserve certain bills for the President.
When the state legislature is not in session and the Governor considers it necessary to have a law, then the Governor can promulgate ordinances. These ordinances are submitted to the state legislature at its next session. They remain valid for no more than six weeks from the date the state legislature is reconvened unless approved by it earlier.
Financial powers
Money bills can be introduced in the State Legislative Assembly only on the prior recommendation of the Governor. He/she also causes to be laid before the State Legislature the annual financial statement which is the State Budget. Further no demand for grant shall be made except on his/her recommendation.He can also make advances out of the Contingency Fund of the State to meet any unforeseen expenditure.Moreover, he constitutes the State Finance Commission.Discretionary powers
Normally, the Governor has to act on the aid and advice of the Council of ministers headed by the Chief Minister. However, there are situations when the Governor has to act as per his/her own judgement and take decisions on his own. These are called the discretionary powers of the Governor. The Governor exercises them in the following cases:In the appointment of the Chief Minister of a state
When no party gets a majority in the Vidhan Sabha
Vidhan Sabha
The Vidhan Sabha or the Legislative Assembly is the lower house or the sole house of the provincial legislature in the different states of India. The same name is also used for the lower house of the legislatures for two of the union territories, Delhi and Pondicherry...
, the Governor can either ask the leader of the single largest party or the consensus leader of two or more parties (that is, a coalition party) to form the government. The Governor then appoints the leader of the largest party to Chief Minister.
In informing the President of the failure of constitutional machinery in a state
The Governor can send a report to the President informing him or her that the State's constitutional functioning has been compromised and recommending the President impose "President's rule
President's rule
President's rule is the term used in India when a state legislature is dissolved or suspended and the state is placed under direct federal rule...
" upon the state.
Removal
The term of Governor's office is normally 5 years but it can be terminated earlier by1. Dismissal by the President on the advice of the Prime Minister of the country, at whose pleasure the Governor holds office.
2. Resignation by the governor
There is no provision of impeachment, as it happens for the President.
See also
- List of Governors of Indian states
Administrators in British India