GOVERNOR

  • LEGISLATIVE POWERS OF GOVERNER w.r.t Bills

    When a Bill (other than money bill) is presented to the Governor for his consent , he can take following 4 steps:

    1. Declare his assent to the Bill .

    2. Declare that he withholds his ascent to the Bill

    3. Return Bill reconsideration of Houses. But if a Bill is passed again by State Legislature with or without amendments and again presented to president , he has to give assent .

    4. Reserve the bill for consideration of president

    • • Reservation is Compulsory in the case where the law in question would derogate from the powers of the high Court under the constitution (Art 200). Governor can also reserve the bill which is :
      1. Ultra – vires (against) to the constitution

      2. Opposed to DPSP

      3. Of grave national importance

      4. Against the larger interest of the country

      5. Dealing with compulsory acquisition of property Article 31- A

      :: In the process of legislation , Governor doesn’t have a total veto power, but can only stall legislation. However , Constitution does not specify the time – limit within which Governor can reserve the bill or when bill would come back. It merely uses the words ‘ as soon as possible “.


      A money bill cannot be returned for reconsideration. This is because a money bill is introduced in legislature after taking Governor’s assent only. He has to give his assent to the money bill. In case a Money Bill is reserved for president , president has to declare whether he is giving or withholding his assent .


    • • Prior recommendation of Governor for introducing Money Bill is required.

    • • He lays certain Reports Statement s before legislature like: Reports of CAG (relating to the State), SPSC, State finance Commission and Annual Financial Statement (Budget) .

    • • His most important power is the ordinance making power [Article 213]. The ordinances have to be approved by the state Legislature (within 6 weeks of reassembly) in the same way as the parliament does in case of presidential Ordinances.

  • FINANCIAL POWERS

    • • He causes to be laid before the legislature annual financial statement (Art 202).

    • • Money Bill can be introduced in the legislature only on his prior recommendations.

    • • No demand for grant can be made except on his recommendations.

    • • Money can only be released from the Contingency Fund of the State after the sanction of Governor .

    • • He constitutes a Finance Commission after every 5 years toe review the financial position of the panchayats and the municipalities .

  • DISCRETIONARY POWERS

    Discretion of the Governor is wider than that of the President . Article 163 (2) provides that as to the question of matter of discretion it is the Governor himself who decides which matter falls in his discretion.

    • • He selects the CM if no party has clear cut majority.

    • • May dismiss Ministry (CoM) if he is convinced that it has lost majority support. Dismissal of the CM, a minister of the entire ministry, the decision of the Governor is final and cannot be challenged in any court of law.

    • • A monthly confidential report is sent by the Governor to the president , PM and the Home Minister .

  • SPECIAL RESPONSIBILITIES OF GOVERNOR

    ART/SCH STATES RELATES TO
    371 Maharashtra (Vidarabha & Marathwada) & Gujrat (Saurahtra & Kutch ) Separate. Development boards
    371 A Nagaland Law and order (Tuensang Area)
    371 B Assam Administration of tribal areas
    371 C Manipur Secure proper functioning of Committee of Legislative Assembly consisting of members from hill areas
    371 D Andhra Pradesh Equitable opportunities & facilities for people belonging to different parts
    371 E Andhra Pradesh Establishmen of a Central University
    371 F Sikkim Peace, & Social &Economic development etc.
    371 G Mizoram Applicability of parliament laws legislative assembly etc.
    371 H Arunachal Pradesh Law and order
    371 1 Goa Legislative Assembly
    5th Schedule Scheduled Area (as declared by President) Administration Scheduled Areas & Scheduled Tribes
    6th Schedule Tribal areas of Assam , Tripura, Meghalaya & Mizoram Administration of tribal areas
    On matters on which Governor is empowered to act in his discretion or on his special responsibility, complete control of president , he will be under .