The Governor is the Executive Head of the State within the meaning of Article 153 and 154 of the Constitution of India. Article 154 vests the executive powers of the State in the Governor who exercises it either directly or through officers subordinate to him in accordance with the Constitution. Under Article 163, the Governor as the Constitutional Head exercises all powers under the Constitution on the aid and advice of the Council of Ministers. It includes summoning and proroguing the Session of the State Legislature, Promulgation of Ordinances, giving assent to the Bills and appointing the Council of Ministers.
There are certain functions, which are possibly to be exercised by the Governor in his/her discretion as sending report to the President under Article 356 and reserving Bill for the consideration of the President under Article 254(2).
The Governor is the appointing authority in respect of the following authorities:
CONSTITUTIONAL PROVISIONS PERTAINING TO THE OFFICE OF THE GOVERNOR
|THE GOVERNOR||Art. 153|
|EXECUTIVE POWER||Art. 154|
|TERM OF OFFICE||Art. 156|
|CONDITIONS OF OFFICE||Art. 158|
|FUNCTIONS IN CONTINGENCIES||Art. 160|
|GRANTING PARDONS||Art. 161|
|COUNCIL OF MINISTERS||Art. 163|
|APPOINTMENT OF CHIEF MINISTER||Art. 164|
|EXECUTIVE ACTION||Art. 166|
|SEEKING INFORMATION||Art. 167|
|NOMINATION TO COUNCIL||Art. 171|
|SUMMONING OF HOUSE||Art. 174|
|MESSAGES TO THE HOUSE||Art. 175|
|SPECIAL ADDRESS||Art. 176|
|DISQUALIFICATION OF MEMBERS OF LEGISLATURE||Art. 192|
|ASSENT OF BILLS||Art. 200|
|RESERVATION OF BILLS FOR CONSIDERATION OF THE PRESIDENT||Art. 201|
|FINANCIAL BILLS||Art. 202, Art. 203, Art. 204, Art. 205, Art. 206, Art. 207|
|APPOINTMENT OF JUDGES||Art. 217|
|OATH BY JUDGES||Art. 219|
|PRESIDENT'S RULE||Art. 356|
|SPECIAL RESPONSIBILITIES||Art.239, Art.243-I, Art.243-Y, Art.371-D, Art.371-E.|
|THE SCEDULED AND TRIBAL AREAS||Art. 244|
Article 153. Governors of States. - There shall be a Governor for each State:
Article 154. Executive power of State.- (1) The executive power of the State shall be vested in the Governor and
shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or
Article 155. Appointment of Governor.- The Governor of a State shall be appointed by the President by warrant
under his hand and seal.
Article 156. Term of Office of Governor.- (1) The Governor shall hold office during the pleasure of the President.
Article 157. Qualifications for appointment as Governor.- No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.
Article 158. Conditions of Governor's office.- (1) The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.
Article 159. Oath or affirmation by the Governor.- Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court available, an oath or affirmation in the following form, that is to say-
Article 160. Discharge of the functions of the Governor in certain contingencies.- The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.
Article 161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.- The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or 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.
Article 163. Council of Ministers to aid and advise Governor.- (1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
Article 164. Other provisions as to Ministers.- (1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minster, and the Ministers shall hold office during the pleasure of the Governor:
Article 166. Conduct of business of the Government of a State.- (1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.
Article 167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.- It shall be the duty of the Chief Minister of each State-
Article 171. Composition of the Legislative Councils.- (1) The total number of members in the Legislative Council of a State having such a Council shall not exceed [one third] of the total number of members in the Legislative Assembly of that State:
Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.
(4) The members to be elected under sub-clauses (a), (b) and (c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament, and the elections under the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote.
Article 174. Sessions of the State Legislature, prorogation and dissolution.- (1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
Article 175. Right of Governor to address and send messages to the House or Houses.- (1) The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members.
Article 176. Special address by the Governor.- (1) At the commencement of [the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year], the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons.
Article 192. Decision on questions as to disqualifications of members.- (1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall be final.
Article 200. Assent to Bills.- When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President:
Article 201. Bills reserved for consideration.- When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom:
Article 202. Annual financial statement.- (1) The Governor shall in respect of every financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expenditure of the State for that year, in this Part referred to as the "annual financial statement".
(3) The following expenditure shall be expenditure charged on the Consolidated Fund of each State-
Article 203. Procedure in Legislature with respect to estimates.- (1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of a State shall not be submitted to the vote of the Legislative Assembly, but nothing in this clause shall be construed as preventing the discussion in the Legislature of any of those estimates.
(2) No amendment shall be proposed to any such Bill in the House or either House of the Legislature of the State which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of the State, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.
(2) The provisions of articles 202, 203 and 204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or grant.
(2) The provisions of articles 203 and 204 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure.
Article 213. Power of Governor to promulgate Ordinances during recess of Legislature.- (1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:
(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance-
Explanation.- Where the Houses of the Legislature of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.
Article 217. Appointment and conditions of the office of a Judge of a High Court.- (1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and [shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of [sixty-two years]]:
(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and-
Explanation.- For the purposes of this clause-
Article 219. Oath or affirmation by Judges of High Courts.- Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.
[Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab.]
Article 361. Protection of President and Governors and Rajpramukhs.- (1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties:
Article 239. Administration of Union territories.- (1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.
(2) The Legislature of a State may, by law, provide for the composition of the Commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected.
(2) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken theron to be laid before the Legislature of the State.
(3) The President may, by order, provide for the constitution of an Administrative Tribunal for the State of Telangana to exercise such jurisdiction, powers and authority [including any jurisdiction, power and authority which immediately before the commencement of the Constitution (Thirty-second Amendment) Act, 1973, was exercisable by any court (other than the Supreme Court) or by any tribunal or other authority] as may be specified in the order with respect to the following matters, namely:-
(4) An order made under clause (3) may-
(5) the order of the Administrative Tribunal finally disposing of any case shall become effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made, whichever is earlier:
(10) The provisions of this article and of any order made by the President there under shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.]
Article 244. Administration of Scheduled Areas and Tribal Areas.- (1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam Meghalaya, Tripura and Mizoram.
Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes
1. Interpretation.- In this Schedule, unless the context otherwise requires, the expression "State" does not include the States of Assam, Meghalaya, Tripura and Mizoram.
4. Tribes Advisory Council.- (1) There shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State:
Provided that if the number of representatives of the Scheduled Tribes in the Legislative Assembly of the State is less than the number of seats in the Tribes Advisory Council to be filled by such representatives, the remaining seats shall be filled by other members of those tribes.
5. Law applicable to Scheduled Areas.- (1) Notwithstanding anything in this Constitution, the Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification and any direction given under this sub-paragraph may be given so as to have retrospective effect.
(3) In making any such regulation as is referred to in sub-paragraph (2) of this paragraph, the Governor may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to the area in question.
6. Scheduled Areas.- (1) In this Constitution, the expression "Scheduled Areas" means such areas as the President may by order declare to be Scheduled Areas.
7. Amendment of the Schedule.- (1) Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended, any reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so amended.