The Governor – Quick Glance with Latest Supreme Court Ruling

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.