Governors and Lieutenant-Governors of states of India

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The Governors and Lieutenant-Governors of the states and territories of India have similar powers and functions at the state level as that of the President of India at Union level. Governors exist in the states while Lieutenant-Governors exist in union territories and in the National Capital Territory of Delhi. He acts as the nominal head whereas the real power lies in the hand of the Chief Ministers of the states and the Chief Minister's Council of Ministers.

In India, a Lieutenant governor is in charge of a Union Territory. However the rank is present only in the union territories of Andaman and Nicobar Islands, Delhi and Pondicherry (the other territories have an administrator appointed, who is an IAS officer). Lieutenant-Governors hold the same rank as a Governor of a state in the list of precedence.

The Governors and Lieutenant-Governors are appointed by the President for a term of 5 years.

1 Powers and functions
2 Removal
3 Notes
4 References
5 See also

[edit] Powers and functions

The Governor enjoys many different types of powers:

Executive powers related to administration, appointments and removals,
Legislative powers related to lawmaking and the state legislature, that is Vidhan Sabha or Vidhan Parishad,
Discretionary powers to be carried out according to the discretion of the Governor.

[edit] Executive powers

The Constitution vests in the Governor all the executive powers of the State Government. He appoints the Chief Minister who enjoys the support of the majority in the Vidhan Sabha. He also appoints the other members of the Council of Ministers and distributes portfolios to them on the advice of the Chief Minister.

The Council of Ministers remain in power during the 'pleasure' of the Governor, but in the real sense it means the pleasure of the Vidhan Sabha. As long as the majority in the Vidhan Sabha supports the government, the Council of Ministers cannot be dismissed.

The Governor appoints the Chief Minister of a state. He also appoints the Advocate General and the chairman and members of the State Public Service Commission. He is consulted by the President in the appointment of the judges of the High Courts and he appoints the judges of the District Courts.

[edit] Legislative powers

The Governor summons the sessions of both houses of the state legislature and prorogues them. He can even dissolve the Vidhan Sabha. These powers are formal and the Governor while using these powers must act according to the advice of the Council of Ministers headed by the Chief Minister.

He inaugurates the state legislature by addressing it after the assembly elections and also at the beginning of the first session every year. His address on these occasions is generally meant to outline the new policies of the state government.

A bill that the state legislature has passed, can become a law only after the Governor gives his assent to it. He can return a bill to the state legislature, if it is not a money bill, for reconsideration. However, if the state legislature sends it back to him for the second time, he has to give his assent to it. The Governor has the power to reserve certain bills for the President.

When the state legislature is not in session and the Governor considers it necessary to have a law, then he can promulgate ordinances. These ordinances are submitted to the state legislature at its next session. They remain valid for no more than six weeks from the date the state legislature is reconvened unless approved by it earlier. ^[1]

[edit] Discretionary powers

Normally, the Governor has to act on the aid and advice of the Council of ministers headed by the Chief Minister. However, there are situations when he has to act as per his own judgement and take decisions on his own. These are called the discretionary powers of the Governor. He exercises them in the following cases:

In the appointment of the Chief Minister of a state

When no party gets a majority in the Vidhan Sabha, the Governor exercises his own volition and can either ask the leader of the single largest party or the consensus leader of 2 or more parties (that is, a coalition party) to form the government. He then appoints him as Chief Minister.

In informing the President of the failure of constitutional machinery in a state

The Governor can send a report to the President informing him that the governance of the state cannot be carried out as per the provisions given in the Constitution of India and advises the President to impose President's rule in that state. Such a situation has arisen in every state.

In reserving certain bills for the consideration of the President

The Governor can reserve bills introduced in either house of the state legislature (Vidhan Sabha or Vidhan Parishad) for the President's consideration if he feels the need to do so.

[edit] Removal

The term of Governor's office is normally 5 years but it can be terminated earlier by 1. Dismissal by the President, at whose pleasure he holds the office. 2. Resignation

There is no provision of impeachment, as it happens for the President.