Write a short note on “Constitutional position of the Governor.”

Question: Write a short note on “Constitutional position of the Governor”. [BJS 1991]

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Answer

Article 153 to Article 167 in Part IV of the Indian Constitution deals with the provision for state executive. The Governor is the chief executive head of the state, however, as the President; the governor is a nominal executive head (constitutional head) of the state. He also acts as an agent of the central government; therefore, the office of the Governor has a dual constitutional role to play in governance. The Constitution of India envisages the same pattern of government in the states as that for the Centre, i.e. a Parliamentary system for which the executive power is vested in Governor.

Usually, every state has one governor appointed for its governance but after the 7th Constitutional amendment, 1956 was brought, it is now settled that appointment of the same person can be done as a governor for two or more states. Talking about the constitutional position of the Governor, it is imperative that the governor of states has to exercise his powers and functions with the aid and advice of the council of ministers, headed by the Chief Minister of the state, except in matters in which he is required to act in his own discretion.

Article 154 of the Constitution states that the executive power of the state shall be vested in the Governor and shall be exercised by him either directly or through officers subordinates to him, in accordance with the constitutional provisions. It also provides that nothing in Article 154 shall:

1. Be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or
2. Prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.

Further, Article 163 of the constitution provides that there shall be a Council of Ministers with the chief minister as the head of the state to aid and advise the Governor, in the exercise of his executive functions, except when he is required to exercise functions in his discretion.

Article 164 provides that the Council of Ministers shall be collectively responsible to the legislative assembly of the state. This provision is the foundation of the Parliamentary system of govt. in the state.

It is to note that the constitutional position of the Governor differs from that of the President in the below two aspects:

1. While the Constitution envisages the possibility of the Governor acting at times in his discretion, no such possibility has been envisaged for the President.
2. After the 42nd Constitutional Amendment (1976), ministerial advice has been made binding on the President, but no such provision has been made with respect to the Governor.

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