The Constitution of India envisages the same pattern of government in the states as that for the Centre, that is, a parliamentary system. He is appointed by the President by warrant under his hand and seal. In a way, he is a nominee of the Central government. But, as held by the Supreme Court in 1979, the office of the governor of a state is not an employment under the Central government. It is an independent constitutional office and is not under the control of or subordinate to the Central government.
But in reality, the governor acts as an agent of the centre. That is why there remained a conflict between the centre and the states. To resolve these conflicts between the centre and the states, the government appointed so many authorities such as Sarkaria Commission and Punchhi Commission etc.
Unlike the President, the governor enjoys only four types of powers. These are:
It becomes difficult for students to remember the powers of Governor pointwise. Here I have made it easy for you to remember it pointwise. Here I am not telling you the shortcut way, short cut way works only for a short duration. I’ll tell you the keyword and present you in an organised way.
- All executive actions of the Government of a state are formely taken in his name.
- He can make rules specifying the manner in which the orders and other instruments made and executed in his name shall be authenticated.
- He can make rules for the more convenient transaction of business of the state government and for allocation of the said business among the ministers.
Here both powers are related to rules.
- He appoints the chief minister and the other ministers. They hold office during his pleasure. There should be a Tribal Welfare minister in the states of Chattisgarh, Jharkhand, Madhya Pradesh and Odisha appointed by him. The state of Bihar was excluded from this provision by the 94th Amendment Act of 2006.
- He appoints the advocate general of a state and determines his remuneration The advocate general holds office during the pleasure of the governor.
- He appoints the election commissioner and determines his condition of service and tenure of office. However, the state election commissioner can be removed only in like manner and on the like grounds as a judge of a high court.
- He appoints the chairman and members of the state public service commission. However, they can be removed only the President and not by a governor.
Here all the five powers are related to appointments.
- He can seek any information relating to the administration of affairs of the Union, and proposals for legislation from the chief minister.
- He can require the chief Minister to submit, for consideration of the council of ministers, any matter on which a decision has been taken by a minister but which has not been considered by the council.
These both are related to taking information from the Chief Minister.
- He can recommend the imposition of constitutional emergency in a state to the president. During the period of President’s rule in a state, the governor enjoys extensive executive powers as an agent of the President.
This was the main area of conflict between the centre and the state.
- He acts as the chancellor of universities in the state. He also appoints the vice-chancellors of universities in the state.