Office Of Governor: Whether Constitutional Head Of State Or Agent Of Centre ?
Governor is constitutional head of the state. A person can be appointed governor of two or more states.
Under Article 154, the executive power of the state vests in governor and is exercised by him directly or through officers subordinate to him. The Governor is appointed by the President by warrant under his hand and seal.
The Governor holds office during pleasure of the President. The Governor holds office for five years from the date on which he enters his office. The Governor continues to hold office until his successor enters upon his office.
A person is eligible to be appointed as Governor if he is citizen of India and has completed thirty five years of age.
A Governor cannot be member of either house of Parliament or a house of State Legislature. If such member is appointed as governor, he/she is deemed to have vacated his seat in that House on the date on which he enters upon office of Governor. The Governor can not hold any office of profit.
The Governor is entitled for use of official residence without payment of any rent. He is also entitled to such emoluments, allowances and privileges as may be determined by the Parliament. When same person is appointed as Governor of two or more stares, the emoluments and allowances payable to the Governor is allocated among the states in such proportion as the President may by order determine.
The Governor has to subscribe to an oath before entering office in presence of the Chief Justice of India or in his absence the seniormost judge of the Supreme Court.
What are powers of a Governor ?
Governor is constitutional head of the State like the President at the Union. The Governor enjoys more discretionary powers in comparison to the President. Article 163 provides that there shall be council of minister to aid and advise the Governor in exercise of his functions except in so far he is required to exercise his function in his discretion under the Constitution. If any question arises whether any matter is or is not a matter falling under his discretion, the decision of the Governor is final.
The Governor uses his discretionary powers in following circumstances.
- In choosing the Chief Minister particularly in hung assembly
- In testing majority of government in office
- In matter of dismissal of the chief minister
- In dissolving the Legislative Assembly
- In recommending President’s rule
- In reserving bills for President’s Consideration
The Supreme Court in Nabam Rabia and Bamang Felix Vs. Deputy Speaker & Ors (2017) 13 SCC 332 has observed the discretion of the Governor is limited to the scope postulated under Article 163 (1).
Whether Governor is a Constitutional Head or an agent of centre ?
The office of Governor is high constitutional office but frequent allegations are made that Governors act in partisan manner like agent of Centre.
Till 1967 when there was rule of Congress in centre as well in most of the states, there were hardly any dispute regarding role of governor. After 1967, different parties started ruling different states, questions started being raised about role of the Governor. Role of the governor has been questioned on various aspects including the following issues.
- Recommending president rule under Article 356
- Calling a political party to form government even when it has a smaller number of elected members of Legislative Assembly in comparison of other Political Parties
- Vetoing a bill passed by Legislative Assembly
One of the reason which has contributed to weakening of the office of Governor is the fact that removal of Governor is easy in comparison to other offices like judge of High Court or the Supreme Court. A Governor holds his office at the pleasure of the President meaning thereby that a Governor can be removed by the President on the recommendation Council of Ministers.
A convention of dismissing governors with change in power started after 1977. Janta Party replaced governors appointed by previous regime. Subsequent governments have followed this practice to a great extent.
The Supreme Court in B. P. Singhal Vs. Union of India (2010) 6 SCC 331 has held that the Governor holds office during pleasure of the President. The President can remove the Governor without giving any reason. Although Governor can be removed without giving any reason, such power can be exercised in rare and exceptional circumstances. A Governor can not removed on the ground that that he does have belief in polices of the Central Government or that Central Government has lost confidence in him.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.