The Governor – Quick Glance with Latest Supreme Court Ruling

The Governor

THE GOVERNOR

I. Basic Info

Articles: 153 to 167 (Part VI)
Head of State: Constitutional/Nominal head
Agent of Centre
First Woman Governor: Sarojini Naidu (UP, 1947–49)

II. Appointment & Tenure

Appointed by: President (Central Nominee)
Not elected (directly or indirectly)
Model: Canadian (from GOI Act 1935)
7th Amendment: One person – multiple states
Resignation: To President
Term: 5 years (no fixed security)
Holds office till successor arrives

III. Qualifications

Indian Citizen
35+ years
Convention: Outsider + CM consulted (not always followed)

IV. Oath & Office

Oath by: Chief Justice of HC (or senior-most judge)
No MP/MLA/Other Office of Profit

V. Privileges & Immunity

Salary decided by Parliament (not reduced)
No criminal case/arrest
2-month civil case notice (personal act)
Full immunity for official acts

VI. Executive Powers

All exec. actions in his name
Rules for business/authentication
Seeks info from CM
Can recommend President’s Rule
Chancellor of State Universities
Appoints: CM, Ministers, AG, SEC, SPSC Members, VCs, Tribal Minister (for 4 states)

VII. Legislative Powers

Part of State Legislature
Summon, Prorogue, Dissolve Assembly
Address 1st Session
Nominates: 1 Anglo-Indian (pre-2020), 1/6 MLCs
Disqualifications (with EC)
Lays reports: CAG, SPSC, SFC
Promulgates ordinances: (Art. 213)

VIII. Financial Powers

Prior approval: Money Bill, Grants
State Budget presentation
Contingency Fund use
Constitutes: State Finance Commission (5 yrs)

IX. Judicial Powers

Consulted for HC judges
Appoints: District Judges (with HC), Lower judiciary (with HC + SPSC)
Pardon powers: under Art. 161 (State laws only, can’t pardon death or court martial)

X. Veto Powers

Ordinary Bill: Assent / Withhold / Return / Reserve for President
Money Bill: Assent / Withhold / Reserve only (Cannot return for reconsideration)

XI. Ordinance Power (Art. 213)

When legislature not in session
Valid: 6 weeks post reassembly
Only on CoM advice
Same effect as law
Subject to judicial review (44th CAA)

XII. Discretionary Powers

Constitutional: Reserve Bills, Recommend President’s Rule, Administer UT, Info from CM, Payments under 6th Schedule
Situational: Appoint CM (no majority), Dismiss CoM (lost majority), Dissolve Assembly

April, 2025:- Supreme Court Ruling on Tamil Nadu Governor

Governor's Delay: 10 Bills were kept pending without action.
Court Decision: Declared it unconstitutional; no "absolute veto" or "pocket veto" under Article 200.
Bills Now Laws: Court used Article 142 to pass the Bills without Governor’s assent.
New Deadlines for Governors:
- 1 month if reserving with advice.
- 3 months without advice.
- 1 month after reconsideration.
Warning: Court may intervene if deadlines are ignored.

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