What are the powers of the governor of a state?
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Answer:
Section 61 of the Constitution states two principal elements of executive power which the Governor-General exercises, namely, the execution and maintenance of the Constitution, and the execution and maintenance of the laws passed (by the Parliament) in accordance with the Constitution.
Powers of Governor
The Governor of the state shall possess executive, legislative, financial and judicial powers. But he does not possess diplomatic, military or emergency powers which President of India has.
The powers and functions of Governor can be classified under following heads:
1. Executive Powers
The executive powers refer to those powers which are exercised by the council of ministers in the name of Governor. Hence Governor is only nominal head and council of ministers is the real executive. The following posts are appointed by Governor and hold office during his term: Chief Minister of the state, other ministers of the state on the advice of Chief Minister, Advocate General. He can recommend the imposition of constitutional emergency in a state to the President. During the period of President’s rule in a state, the governor enjoys extensive executive powers as an agent of the President.
2. Legislative Powers:
This power of Governor can be classified further in to 2 sub groups i.e. wrt to bills and wrt legislature.
With Respect to Bills
• When a bill other than money bill is presented before Governor for his assent, he either gives assent to the bill, with hold his assent to the bill, return the bill for reconsideration of houses, but if the bill is passed again by state legislature with or without amendments, he has to give his assent or reserve the bill for consideration of President.
However, the Governor also cannot send money bill back for reconsideration. This is because the money bill would usually be introduced with prior assent of Governor only. In case the money bill reserved for Presidents assent, the President has to state whether he is giving assent or withholding his assent.
With Respect to Legislature:
He has the power to summon, prorogue the state legislature and can also dissolve the legislative assembly when it loses the confidence (art 176).
3. Financial Powers
• He lays before the legislature annual financial statement (state budget)
• Money bill can only be introduced in state legislature on his prior recommendation
• No demand for grant can be made except on his recommendation
• Money from contingency fund can be withdrawn after his recommendation for meeting the unforeseen expenditures
• He constitutes finance commission for every 5 years to review the financial situation of municipality and panchayats.
4. Judicial Powers –
President consults the Governor of the concerned state while making appointment to the judges of State High Court.
. Pardoning powers-
He has the below pardoning powers against any offences to which state power extends.
Pardon- completely absolve the offender
Reprieve- stay on execution of sentence
Respite-awarding lesser punishment in some special circumstances
Remission- reduction of sentence without changing the character
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