• POWER AND FUNCTIONS OF GOVERNER

UNIT 11 – THE STATE EXECUTIVE – PART 2

Legislative Powers:

  1. The Governor is an integral part of the state legislature.
  2. He nominates 1 member from the Anglo Indian community to the State Legislative Assembly.
  3. He nominates 1/6th of the members of the State Legislative Council from among the persons who have contributed to the fields of literature, science, art, social service and cooperative movements.
  4. He disqualifies the Members of Legislative Assembly(MLAs) in consultation with the Election Commissioner of India.
  5. He reserves the bills passed by the state legislature for the consideration of the President. The reservation is mandatory in the following cases.
  6. Bills that would danger the position of the High Court of the state.
  7. Bills that deal with matters of national importance.
  8. Bills that are opposed to DPSP.
  9. Bills that are against the provisions of the constitution.
  10. Bills that deal with matters that fall under article 31A.
  11. He places the following reports before the state legislature.
  12. The CAG reports related to the state.
  13. The reports of the State Public Service Commission(SPSC) and the Joint State Public Service Commission(JSPSC).
  14. The reports of the State Finance Commission.

 

Veto Powers: The governor has the veto power on the bills passed by the state legislature.

S.No

Ordinary Bills

Money Bills

1

The governor can give his assent to the bill or withhold it or return it for the reconsideration of the state legislature or reserve it for the consideration of the President.

The governor can give his assent to the bill or withhold it or reserve it for the consideration of the President. He cannot return the money bills for the reconsideration of the state legislature.

2

When an ordinary bill is reserved for the consideration of the President, he can give assent to the bill or withhold it or return for the reconsideration of the state legislature. If the bill is again passed by the state legislature with or without amendments and presented to the President, he need not give his assent to the bill. He can withhold it.

When a money bill is reserved for the consideration of the President, he can either give his assent to the bill or withhold it. He cannot return it for the reconsideration of the state legislature.

Financial Powers:

  1. The governor constitutes the State Finance Commission every five years.
  2. His prior recommendation is required for introducing money bills in the State Legislative Assembly.

Judicial Powers:

  1. The appointments, postings and promotions of district judges are made in the name of the governor.
  2. He can remit, commute, reprieve, respite and pardon any offence against the state laws.
  3. He cannot pardon death sentence.
  4. His pardoning powers do not extend to punishments accorded by court martials.

The Ordinance

The Governor is endowed with the power of promulgating ordinances when any one of the houses of the state legislature is not in session to deal with an extraordinary situation that needs immediate action.

  1. An ordinance has the same effect as the laws of the state legislature.
  2. It is valid for a maximum duration of six months and six weeks. In the case when the houses are summoned to assemble on different dates, the six weeks are calculated from the later date.
  3. The Governor can promulgate or withdraw an ordinance only on the advice of the Council of Ministers. Thus, his ordinance making power is not a discretionary power.
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