Powers and Functions of the Governor
- The Governor is the head of the state executive and he has enormous powers.
- In the exercise of functions and powers, the Governor, except in certain cases, is to be guided by the aid and advice of the Council of Ministers headed by the Chief Minister under Article 163.
- As the executive head in the state level, the Governor has following functions and powers.
- Executive powers
- Legislative powers
- Financial powers
- Judicial powers
- Discretionary powers, and
- Miscellaneous powers.
Executive Powers
- All executive actions of the state government are formally taken in the name of the Governor.
- He appoints the Chief Minister and other ministers. They also hold office during his pleasure.
- He appoints the Advocate General of the state and determines his remuneration. The Advocate General holds his office during the pleasure of the Governor.
- He appoints the State Election Commissioner and determines his condition of service and tenure of office.
- He appoints the Chairman and Members of the State Public Service Commission. Yet, they can be removed from office only by the President of India and not by the Governor.
- He can seek any information relating to the affairs of the state and the proposals for legislation from the Chief Minister.
- He can require the Chief Minister to submit for the consideration of the council of ministers on any matter.
- He can make rules specifying the manner in which the orders and other instruments made and executed in his name, shall be authenticated.
- He can make rules for more convenient transactions of the business of the government and for the allocation among the ministers of the said business; and
- He can recommend for the imposition of the President’s rule in the state to the President under Article 356.
- During such rule, the Governor enjoys extensive executive powers as an agent of the President.
Legislative Powers
- The Governor is an integral part of the state legislature. But, he is not a member in either house of the legislature. In this capacity, he enjoys the following legislative powers.
- He has the right to summon or prorogue the state legislature and dissolve the State Legislative Assembly.
- He can address the state legislature at the commencement of the first session after each general election and the first session of each year.
- He can send messages to the houses of the state legislature relating to a bill pending in the legislature.
- He can appoint any member of the Legislative Assembly to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant.
- He nominates one-sixth of the members of the State Legislative Council from amongst the persons having special knowledge or practical experience in literature, science, art, cooperative movement and social service.
- But, the Governor of Tamil Nadu need not do this function because, the State Legislative Council, the upper house has been abolished since 1996.
- He can nominate one member to the State Legislative Assembly from the Anglo-Indian Community.
- He decides on the question of disqualification of members of the state legislature in consultation with the Election Commission.
- Every bill passed by the state legislature will become law only after his signature. But, when a bill is sent to the Governor after it is passed by the legislature, he has the option to give his assent to the bill or withhold his assent to the bill or return the bill for reconsideration of the legislature.
- He has to reserve any bill passed by the state legislature which endangers the position of the state High Court, for the consideration of the President.
- He can promulgate ordinances when the state legislature is not in session under Article 213. But, these ordinances must be approved by the legislature within six months. He can also withdraw an ordinance at any time; and.
- He has to lay the annual reports of the state Finance Commission, the State Public Service Commission and the Comptroller and Auditor General relating to the accounts of the state, before the state legislature..
Financial Powers
- The Governor has to see that the state budget known as the Annual Financial Statement is laid before the legislature.
- Money Bills can be introduced in the state legislature only with his prior recommendation..
- No demand for any grant can be made an exception on his recommendation.
- He can make advances out of the state Contingency Fund to meet any unforeseen expenditure, and He constitutes a Finance Commission after every five years to review the financial position of the panchayats and the municipalities.
Judicial Powers
- The Governor can grant pardons, reprieves and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence.
But, the pardoning power of the Governor differs from the president in the following ways.
- The President can pardon the death sentence while the Governor cannot. The President can pardon the sentences inflicted by court martial whereas the Governor cannot.
- He is consulted by the President while appointing the judges of the concerned state High Court.
- He makes appointments, postings and promotions of the district judges in consultation with the High Court; and
- He appoints the persons to the judicial service of the state in consultation with High Court and the Public Service Commission.
Discretionary Powers
- The Governor reserves a bill for the consideration of the president.
- He recommends for the imposition of the President’s rule in the state.
- He seeks information form the Chief Minister relating to the administrative and legislative matters of the state.
- He can call the leader of any party to form ministry in the state when there is no clear-cut majority to any party in the Legislative Assembly after the general elections
- He can dismiss the Council of Ministers when it is unable to prove the confidence of the Legislative Assembly; and
- He can dissolve the Legislative Assembly if the Council of Ministers has lost its majority.
Miscellaneous Powers
- In addition to the functions and powers mentioned above, the Governor exercises the following miscellaneous function also.
- The Governor receives the annual report of the State Public Service Commission and submits the same to the Council of Ministers and the state legislature for discussion; and
- He receives the report of the Auditor General regarding income and expenditure made by different departments under the State Government.