Annexure A PDF Print

Constitutional Roles of the Governor

 

Article-wise List -

Articles Provisions:

 
151       This Article lays down that reports of the Comptroller and Auditor General of India relating to the accounts of the State shall be submitted to the Governor, who shall cause them to be laid before the State Legislature.
   
153 This Article says there shall be a Governor for each State.
   
154 This Article vests the executive powers of the State in the Governor who exercises it either directly or through officers subordinates to him in accordance with the Constitution.
   
155 156 Term of office of the Governor. The Governor shall hold office for a period of five years and continues to hold office until his successor enters upon his office.
   
157 This Article describes qualification for Appointment as Governor.
   
158 Conditions of Governor’s office.
   
159 Oath or affirmation by the Governor.
   
160 Discharge of the functions of the Governor in certain contingencies.
   
161 Power of Governor to grant pardons, etc and to suspend, remit or commit sentences in certain cases.
   
162  

Article 162 says “--- the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws”. This would mean that the Governor under the Constitution shall exercise all the executive powers on which the State Legislature can legislate.

   
163 

This Article provides that the Council of Ministers with the Chief Minister at the Head shall aid and advise the Governor in the exercise of his functions, except in so far as he is by or under the constitution require to exercise his functions or any of them in his discretion.

   
164  Other provisions as to the Ministers.
   
165 Under this Article Governor appoints Advocate General for State.
   
166 

All executive powers of the Governor of a State shall be expressed to be taken in the name of the Governor. For more convenient transaction of the Business of Government and for the allocation of the business of the Government among the Ministers, the Governor has in exercise of powers conferred by article 166, made the Maharashtra Government Rules of Business.

   
167 Duties of the Chief Minister in respect of furnishing of information to Governor.
   
174 

This Article empowers the Governor to summon and prorogue the Sessions of the Stats Legislature.

   
175 Right of Governor to address and send message to the House or Houses.
   
176 

At the commencement of the first session after each general election to the Legislative Assembly and at the commence of first session each year the Governor shall address the Joint Session of the State Legislature.

   
180 

Under this Article the Protem Speaker is appointed by the Governor to perform the duties of the office of the Speaker/ Deputy Speaker when the offices of Speaker and Deputy Speaker are vacant.

   
184 

Under this Article the Protem Chairman is appointed by the Governor to perform the duties of Chairman and deputy Chairman of the Legislative Council.

   
200 

Under this Article, Governor assents to the Bill passed by the State Legislature or withhold his assent or that he reserve the Bill for the consideration of the President.

   
202 

The Governor shall in respect of every financial year cause to be laid before the Houses or Houses of the Legislature a statement of the estimated receipts and expenditure of the State for that year.

   
203 

No demand for grant shall be made except on recommendation of the Governor. This clause required that every “demand” shall be recommended by the Governor.

   
204. Appropriation Bills.
   
205. 

Supplementary, additional or excess grants to be placed before the State Legislature by the Governor under this Article.

   
207. Financial Bills.
  

A money Bill shall not be introduced or moved except on the recommendation of the Governor. However, no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax. A Bill involving expenditure from the Consolidated Fund shall not be passed by the Legislature unless the Governor has recommended the Bill.

   
213. 

Under this Article powers are vested in the Governor to promulgate Ordinances during the recess of the Legislature. It is not a discretionary power but must be exercised with the aid and advise of the Council of the Ministers and that the Ordinance must be laid before the State Legislature when it reassembles and shall automatically cease to have effect at the expiry of six weeks from the date of reassembly.

   
217. Appointment of the High Court Judges is made in consultation with the Governor.
   
219. 

Every person appointed to be a Judge of High Court before he enters upon his office is required to make and subscribe before the Governor or some person appointed in that behalf by the Governor, an oath or affirmation as per the form prescribed.

   
227 

Power of superintendence over all Courts. Governor’s approval is necessary under this Article to fix the tables of fees to be allowed to the Sheriff, attorneys and advocates, etc.

   
229. 

The rules regarding Salaries, Allowances, Leave and Pension of High Court employees require the previous approval of the Governor.

   
233. Appointment of District Judges shall be made by the Governor.
   
234. 

Appointment of persons other than District Judges to the Judicial service is to be made in accordance with the rules made by the Governor after consultation with the Maharashtra Public Service Commission.

   
243-I. 

Under this Article the Governor is empowered to constitute Finance Commission to review the financial position of Panchayats and Municipalities.
This Article further lays down that the Governor shall cause every recommendation of the Commission to be laid before the State Legislature.

   
243-K This Article is for providing staff to Election Commission by the Governor.
   
258. 

Powers of the Union to confer powers, etc. on the State in certain cases. This article says that “ the President may, with the consent of the Governor of a State entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the State extends.

   
267.  

The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be entitled “the Contingency Fund of the State” into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor.

   
299.  

All contracts made in exercise of the executive power of State shall be made by the Governor or on his behalf by the Officers appointed by him.

   
309. 

Power to make rules for making recruitment in respect of Government employees vests in the Governor.

   
310. 

Tenure of office of persons serving the Union or a State. A person holding a civil post under a State holds office during the pleasure of the Governor.

   
311. 

Dismissal, removal or reduction in the rank of persons employed in civil capacities under the Union or a State. This clause says that “No person in the said services shall be dismissed or removed or reduced in the lower ranks except after an enquiry. This clause shall not apply where the President or the Governor as the case may be is satisfied that in the interest of the security of the State, it is not expedient to hold such enquiry.

   
315-316  Appointment of the Chairman and members of the Maharashtra Public Service Commission is made by the Governor.
   
317. 

Removal and suspension of a member of a Public Service Commission. This article gives protection to the Chairman and Members of the Commission in the matter of removal on the ground of misbehaviour. The President of India is empowered to remove this persons. The Chairman or any member of the Commission can be suspended in the manner as provided in clause (2) of article 317 of the Constitution of India.

   
318. 

Governor is empowered to make regulations as to conditions of service of members and staff of the Maharashtra Public Service Commission.

   
320. 

Advices of the Governor. Under this article it is the duty of the Public Service Commission to advice on any matter so as to referred to them and on any other matter which the Governor of the State, may refer to them.

   
323.  

Under this clause Annual Reports of the Public Service Commission are presented to the Governor. The Governor forwards such reports to the Chief Minister for placing it together with explanatory memorandum before the State Legislature.

   
324 (6)  The Governor provide staff to Election Commission.
   
333 

Under this Article, a Member of an Anglo Indian Community is required to be appointed by the Governor (in 289 members) Legislative Assembly.

   
338 (7) 

Under this clause a report of the National Commission for the Scheduled Castes and Scheduled Tribes received from the Commission are required to be forwarded to the State Government for placing the same before the State Legislature.

   
341-342  

The President after consultation with the Governor, specify Castes, races or tribes in the list of Scheduled Caste/Scheduled Tribes.

   
348 

Under this Article, the Governor is empowered to use any other language for official purpose with the consent of the President

   
356  

Emergency in the State - In case of failure of Constitutional machinery in the States, President is empowered to issue proclamation after receipt of a report from the Governor.

   
361. 

This Article says that “the President or the Governor of a State shall not be answerable to any court for the exercise of powers and duties of his office or for any act done or purporting to be done by him in exercise and performance of his powers and duties”.

   

Second Schedule:


Provisions as to the President and the Governors of the States-
Salaries, Allowances & Privileges.

 

Fifth Schedule:


Paragraph 3 of Part I of 5th Schedule to the Constitution of India requires the Governor to submit to the President a report on the Administration of the Scheduled Areas in the State annually or whenever so required by the President.

Part B empowers the Governor is to appoint the Chairman and members of the Tribe Advisory Committee. It shall be the duty of the Tribe Advisory Council to advice on such matters pertaining to the welfare and advancement of Scheduled Tribes in the State as may be referred by them to the Governor.

Party C empowers the President to increase the areas of Scheduled Areas after consultation with the Governor of a State.