State Executive - Part 4

State Executive - Part 4

Powers and Functions of Governor:

1.Legislative Powers:
•    To Summon the session to prorogue the session or dissolve legislature.
•    The Governor addresses the first session after the general election . That is called Governor speech.
•    The Governor may call a joint sitting of both the houses.
•    They has the power to nominate one person to the assembly.
•    No bills can become a law without the assent of the Governor. They enjoys the power to withhold a bill. This is called Veto Power.
•    The Legislative Powers of Governors is the part of the legislature (Art. 168).
•    the legislature of a State shall consist of the Governor and the Legislative Assembly.
•    the Legislature consists of two Houses, the upper House too is a part of the Legislature.
•    has the right to address the legislature and to send messages to it.
•    may from time to time summon, prorogue or dissolve the Legislative Assembly.
•    has the power of causing to be laid before the legislature, the Annual Financial Statement (Budget) and reports of the State Finance Commission.
•    Without his recommendation no demand for grant can be made by the legislature.
•    may reserve Bills for the assent of the President made by the Legislature.

In this regard, Art. 200 and 201 are very important and they are as  follows:  
Art. 200: Assent to Bills
•    When a Bill has been passed by the Legislature of a State, it shall be presented to the Governor who may accept or reject the Bill.
•    In the case of Bills other than Money Bills, he may return to the legislature for reconsideration.
•    may also reserve the Bill for time consideration of the President.
•    When a Bill is returned to legislature by the Governor, it must be repassed to be accepted by the Governor.
•    shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion to the Governor would, if it became law, so derogate the powers of the High Court so as to endanger the position of High Court which the Indian Constitution designed to till.
In essence as per the Article 200, when a Bill passed by the Legislature of a State is presented to the Governor, he has four options
•    he assents to the Bill when it becomes an Act
•    he withholds assent
•    he returns the Bill to the Legislature for reconsideration
•    he reserves time Bill for the consideration of the President

Art. 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 in case of a Money Bill.
•    In other Bills, he may return the Bill for re passed— the third option for the President.
•    The re passed Bill need not be assented to by the President and he may return it again and again.
•    Thus, it is an absolute veto.
•    Also, there is no time limit within which the President should take a decision.
•    There have been instances where Bills have been pending with the President for periods up to six years or more.
•    The most recent Bill to be reserved by the Governor for the Presidential assent is the GUJCOC Bill- Gujarat Control of Organised Crime Bill for which the President has expressed the need for three changes and returned it. For example, the provision that the evidence tendered to the police officer is admissible in the Court is objectionable, according to the President (2009).

The differences between the ordinance making powers of Governor and the President.
•    Largely the powers of the Governor in the promulgation of ordinances are similar to the President. There are the following differences:
•    if the ordinance has contents which in the form of a Bill would require Presidential permission before hand for introduction or
•    if the ordinance has contents which in the form of a Bill would be compulsorily reserved for Presidential assent after passage as a matter of Constitutional requirement— for example, a Bill derogating from the powers of the High Court, or
•    if the ordinance has contents that in the form of a Bill would have inclined the Governor to reserve it for the President- for example, the GUJCOC Bill in the most recent case.
•    In all the above cases, the Governor would take the prior consent of the President before passing the ordinance.

2.Executive Powers:
•    They are the executive head of the state. They appoints chief Ministers and council of Ministers.
•    The members of the state public service commission, the vice chancellors for all the universities are appointed by the Governor.

3.Financial Powers:
•    Financial bills and budget cannot be presented in the state Legislature without the consent of the Governor.
•    The members of Finance Commission and Planning Commission are appointed by the Governor.
•    The State emergency find is in their name.

4.Judicial Powers:
•    The Governor enjoys the power of pardoning the sentence of a person
•    The judges of the High court are appointed by the president in consultation with the Governor and the Chief Justice.
•    The Governor is entitled to legal advice on matters relating to the constitutional clarity of bills. 

5.Emergency Powers:
•    Under Article 356, the President can dismiss the cabinet or dissolve the Legislative Assembly on the Governor recommendation.

Articles                     Provisions
Articles 153              Governors of State
Articles 154              Executive power of state
Articles 155              Appointment of Governor
Articles 156              Term of office of Governor
Articles 157              Qualifications for appointment as Governor
Articles 158              Conditions of Governor’s office
Articles 159              Oath or affirmation by the Government
Articles 160             Discharge of the functions of the Governor in certain contingencies
Articles 161            Power of governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases