Powers and Functions of the Governor

Like the President at the Centre, the Governor is the constitutional head of the state.
So naturally, most of his/her powers are analogous to those of the President — but with one key difference:

The Governor has no diplomatic, military, or emergency powers.

That means:
He/she is the chief executive head within the state, but does not represent India internationally or command the armed forces.

The Governor’s powers are grouped under four main heads:

1. Executive Powers

This is the first and most important category, as it deals with administration and appointments at the state level.

Let’s understand them:

(1) Executive Actions in Governor’s Name

All executive actions of the State Government are formally taken in the name of the Governor.
This is like how all Union actions are done in the name of the President.

So, whenever an order or notification is issued — it will begin with “By order of the Governor.”

(2) Rules for Authentication

The Governor can frame rules to decide how official orders will be authenticated — i.e., signed, approved, or certified.
This ensures administrative consistency.

(3) Rules for Business Allocation

The Governor can also make rules for:

• Convenient transaction of state business, and
• Distribution of work among ministers.

This is done under Article 166(3).
However, in practice, these are made on the advice of the Chief Minister.

(4) Appointment Powers

The Governor has a whole list of key appointments under his/her authority:

• Chief Minister — appointed by the Governor.
  Other ministers are appointed on the advice of the CM.
  All hold office during the Governor’s pleasure.
• In Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, the Governor must ensure appointment of a Minister for Tribal Welfare (as per Fifth Schedule).
  → Bihar was excluded from this provision by the 94th Constitutional Amendment Act, 2006.
• Advocate General — appointed by the Governor; holds office during the Governor’s pleasure; remuneration decided by the Governor.
• State Election Commissioner — appointed by the Governor; conditions of service and tenure are decided by him/her.
  But — the Commissioner can be removed only like a High Court judge, i.e., by the President on proven misbehavior/incapacity.
• Chairman and Members of the State Public Service Commission — appointed by the Governor. However, they can be removed only by the President, not by the Governor.

(5) Right to Information and Oversight

The Governor can:

• Seek any information related to the state’s administration from the Chief Minister.
• Require the CM to place before the Council of Ministers any matter decided by an individual minister but not discussed collectively.

This reinforces collective responsibility and checks ministerial overreach.

(6) Recommendation of President’s Rule

The Governor can recommend to the President that a constitutional emergency (Article 356) be imposed in the state — if he/she feels the government cannot be carried on in accordance with the Constitution.

👉 During President’s Rule, the Governor acts as the agent of the President and wields expanded executive powers.

(7) Role in Education

The Governor is the Chancellor of State Universities.

• Appoints the Vice-Chancellor and sometimes plays a key role in university affairs.
  (This is often a controversial area of Centre–State conflict.)

2. Legislative Powers

The Governor is an integral part of the State Legislature, just as the President is part of Parliament.
Let’s go step-by-step through these powers.

(1) Summoning, Proroguing, and Dissolving the House

The Governor can:

• Summon (call) the Legislature,
• Prorogue (suspend) its session, and
• Dissolve the Legislative Assembly.

👉 These actions are done on the advice of the Council of Ministers, not independently.

(2) Address to the Legislature

The Governor addresses:

• The first session after every general election, and
• The first session of every year,
  outlining the government’s policies and legislative agenda.

(3) Sending Messages

The Governor can send messages to either House (or both) on pending bills or any other legislative matter.

(4) Presiding Officers in Vacancy

If both the Speaker and Deputy Speaker of the Legislative Assembly (or Chairman and Deputy Chairman of Legislative Council) are vacant, the Governor can appoint any member to preside.

(5) Nominations

• The Governor nominates 1/6th of the members of the Legislative Council (MLC) from among persons having special knowledge in literature, science, art, cooperative movement, or social service.
• Earlier, the Governor could nominate one member of the Anglo-Indian community to the Legislative Assembly, but this was abolished by the 104th Constitutional Amendment Act, 2019.

(6) Disqualification of Members

The Governor decides on questions of disqualification of MLAs/MLCs under Article 192 —
but must act according to the opinion of the Election Commission.

(7) Role in State Bills

When a Bill is passed by the State Legislature and presented to the Governor, he/she has four options:

(a) Give assent — the Bill becomes law.
(b) Withhold assent — the Bill is rejected.
(c) Return the Bill (if it’s not a Money Bill) for reconsideration.
→ If re-passed, the Governor must give assent.
(d) Reserve the Bill for the consideration of the President.

💡 When must a Bill be reserved?

Reservation for President’s consideration is mandatory if the Bill endangers the position of the High Court (Article 200, Proviso).

But, as pointed out by Soli Sorabjee, the Governor may also reserve a Bill in other cases, such as:

• If it is ultra vires the Constitution,
• Contradicts the Directive Principles,
• Affects national interest,
• Has grave national importance, or
• Deals with compulsory acquisition of property under Article 31A.

(8) Ordinance-Making Power

When the Legislature is not in session, the Governor can promulgate ordinances having the same force as laws.

However:

• These ordinances must be approved within 6 weeks of the Legislature reassembling.
• The Governor can withdraw an ordinance anytime.

⚖️ D.C. Wadhwa Case (1986)

A landmark case on ordinance misuse.

Facts: Between 1967–1981, the Governor of Bihar kept re-promulgating 256 ordinances repeatedly for years (some for 14 years!) without legislative approval.

Judgment:
The Supreme Court ruled that such re-promulgation is unconstitutional,
because:

“The power to issue ordinances is an emergency power, not a substitute for legislative power.”

This judgment reinforced legislative supremacy over the executive.

(9) Presentation of Reports

The Governor must lay before the Legislature:

• Reports of the State Finance Commission,
• Reports of the State Public Service Commission, and
• The CAG’s report on the state’s accounts.

3. Financial Powers

All financial matters of the state pass through the Governor’s hands — again, similar to the President’s role at the Centre.

1. The Annual Financial Statement (State Budget) is laid before the Legislature in the Governor’s name.
2. Money Bills can be introduced only with the Governor’s prior recommendation.
3. No demand for a grant can be made without his/her recommendation.
4. The Governor can make advances from the State Contingency Fund to meet unforeseen expenditure.
5. He/she constitutes a State Finance Commission every 5 years to review the finances of Panchayats and Municipalities.

4. Judicial Powers

The Governor has some limited yet constitutionally significant judicial powers:

1. Power of Pardon —
   Can grant pardons, reprieves, respites, remissions, or commute sentences for offences under laws of the State.
   (This is parallel to the President’s power under Article 72.)
2. Consultation in High Court Appointments —
   The Governor is consulted by the President when appointing judges of the State High Court.
3. District Judges —
   Appointed, posted, and promoted by the Governor in consultation with the State High Court.
4. Other Judicial Officers —
   Appointed by the Governor in consultation with the State High Court and State Public Service Commission.

🧠 Summary Table: Powers of the Governor

Category	Key Powers
Executive	Appoints CM, Ministers, Advocate General, SEC, UPSC members; recommends President’s Rule; seeks info from CM; acts as Chancellor of Universities
Legislative	Summons/prorogues Legislature; addresses Assembly; nominates MLCs; decides disqualification; assents or reserves Bills; issues Ordinances
Financial	Ensures State Budget presentation; recommends Money Bills; operates Contingency Fund; sets up Finance Commission
Judicial	Grants pardons, remissions; consulted in High Court appointments; appoints district and subordinate judges

🎯 In Essence

The Governor is:

“A constitutional head with powers that are largely formal and discretionary only in rare cases,
meant to ensure the functioning of the parliamentary system in the states.”

But as we’ll see next, the real controversy arises in how these powers are used or misused, especially through discretionary powers — the most debated aspect of the Governor’s role in Indian federalism.