Governor in India: Powers, Functions, and Constitutional Provisions

Governor in India: Powers, Functions, and Constitutional Provisions

Who is a Governor?

A Governor is the constitutional head of a state in India, functioning as the executive authority at the state level. The Governor represents the President of India and acts as a link between the state and the central government.

Appointment and Tenure of the Governor

🔹 Article 153-162 of the Indian Constitution lays down the provisions related to the office of the Governor.
🔹 Appointed by the President of India under Article 155.
🔹 Holds office for a term of 5 years, but serves at the pleasure of the President under Article 156.
🔹 There is no fixed retirement age for a Governor.

Powers and Functions of a Governor

1️⃣ Executive Powers (Article 154, 162, 166, 167)

✅ Head of the State Executive but acts on the aid and advice of the Chief Minister and Council of Ministers.
✅ Appoints the Chief Minister, Ministers, Advocate General, and State Election Commissioner.
✅ Administers Union Territories (UTs) when required.
✅ Oversees administration in case of President's Rule under Article 356.

2️⃣ Legislative Powers (Article 168-177)

✅ Summons and dissolves the State Legislature.
✅ Can send back a bill for reconsideration (except Money Bills).
✅ Can nominate 1 member from the Anglo-Indian community to the State Assembly.
✅ Addresses the first session of the State Assembly every year.

3️⃣ Financial Powers (Article 202-207)

✅ Presents the State Budget.
✅ Recommends Money Bills before they are introduced in the State Legislature.
✅ Manages Contingency Fund and State Consolidated Fund.

4️⃣ Judicial Powers (Article 161)

✅ Can grant pardons, reprieves, respites, or remissions of punishment (except in cases of the death penalty).
✅ Consulted for appointment of High Court judges.

5️⃣ Discretionary Powers

✅ Can send a bill for Presidential assent under Article 200.
✅ Can impose President’s Rule (Article 356) when the constitutional machinery fails in the state.
✅ Decides on floor tests in case of political instability.

Governor vs. Chief Minister – Who Holds More Power?

While the Governor is the constitutional head, real power lies with the Chief Minister and the State Government. The Governor acts as a representative of the President and ensures that state governance runs per the Constitution.

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Delhi Court Acquits Bhagat Singh Koshyari in Defamation Case

Background of the Case

📌 Ex-Maharashtra Governor Bhagat Singh Koshyari was accused in a defamation case related to false allegations of scams against businessman SP Gupta.

📌 The case, filed in 2017, included Congress leader Rashid Alvi and other accused.

📌 With the death of the complainant, the Rouse Avenue Court dismissed the case on February 20, 2024.

Key Legal Arguments and Court Ruling

📌 Koshyari's lawyers argued that legal heirs cannot substitute the complainant in a defamation case.

📌 The court upheld Section 256(2) & 302 of CrPC, stating that legal heirs must prove they are “aggrieved persons” to continue the case.

📌 The court ruled that no “aggrieved person” was available to pursue the complaint, leading to acquittal of Koshyari and other accused.

📌 This sets an important legal precedent – defamation cases cannot continue post the complainant’s death unless heirs prove their direct legal grievance.

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Final Thoughts

The role of a Governor is crucial in maintaining constitutional order in Indian states. However, controversies involving Governors—especially in politically sensitive states—often highlight the need for clearer legal frameworks.

The Bhagat Singh Koshyari case shows how defamation laws work when the complainant is no longer alive, reinforcing the importance of proving “legal grievance” in such matters.

📢 What’s your take? Should the Governor’s role be redefined for more transparency? Drop your thoughts below! ⬇️