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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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