Financial Powers
The Governor has to ensure that the Annual Financial Statement is placed before the legislature. No ‘money bill’ can be introduced in the legislature without his prior recommendation. No demand for grants or proposal for taxation can be made except by the ministers acting in the name of the Governor. The Contingency Fund of the State is at the disposal of the Governor and he/she can make advances out of it to meet the unforeseen expenditure pending its authorisation by the legislature Judicial Powers: The Governor enjoys important powers with regard to appointment, posting and promotion of district judges and other judicial officers of the State. He is also consulted by the President while appointing Judges of the High Court. Further, the Governor is empowered to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any persons convicted of any offence against any law relating to a matter to which the executive power of the state extends. Other powers: He receives the reports of the Auditor General, the State Public Service Commission etc. and places them before the State Legislature. He also appoints the ViceChancellors of the Universities located in the State.
Discretionary powers
In the exercise of the functions which the Governor is empowered to exercise in his discretion, he will not be required to act according to the advice of his ministers or even to seek such advice. Again, if any question arises whether any matter is or is not a matter as regards which the Governor is required by the constitution to act in his discretion, the decision of the Governor shall be final, and the validity of anything done by the Governor shall not be called into question on the ground that he ought or ought not to have acted in his discretion. a. The Governor’s discretion may be of two types: Firstly, the express discretion mentioned in the constitution, viz., the Constitutional discretion. Secondly, the hidden discretion is desired from the exigencies of the prevailing political situation. It may be called situational discretion.
Constitutional discretion
The Governor of Assam shall determine the amount payable by the State of Assam to the District Council, as royalty accruing from licences for mineral exploration. When the Governor is appointed as the administrator of an adjoining union territory. Recommendation for the imposition of the President’s rule (Article 356). Giving assent to a bill or withholding assent or return a bill (Article 200)or reserving a bill for consideration of the President(Article201). In the event of a conflict between the Union and the State Government on a matter relating to their respective competence in the exercise of their executive authority. Seeking the advice of the President, before promulgating certain ordinances. In his capacity of Chancellor of universities in the state, he exercises the power to choose the Vice-Chancellor from among the names of the panel forwarded by the Cabinet. The Governors of Assam and Nagaland have discretionary powers in regard to the administration of tribal areas and for combating violent activities. Seeking information regarding legislative and administrative matters from the Chief Minister. Situational Discretion: The intention of the Constitution makers is that the Governor in the exercise of his discretion in abnormal situations should preserve and protect the constitutional provisions and prevent any misuse of those provisions on technical grounds.
The Governor exercises situational discretion in the following conditions:
- In choosing a Chief Minister when no party in the State has got a clear majority or an acknowledged leader.
- In the dismissal of the ministry, when it cannot prove the confidence of Legislative Assembly.
- In dissolution of the Legislative Assembly, if a Chief Minister has lost majority.
Special Responsibilities
In addition to these discretionary powers, there are certain functions which are to be exercised by the Governor on his own special responsibility – which practically means the same thing as in his discretion, because though in cases of special responsibility, he is to consult his Council of Ministers, the final decision shall be in his individual judgement, which no court can question. They are:
- Assam – regarding the administration of Tribal Areas.
- Bihar, M.P. & Orissa – a minister for Tribal welfare to be appointed.
- Nagaland – with respect to law and order in the context of tribal unrest.
- Manipur – proper functioning of the Hill areas Committee of the legislature of the State. Sikkim – in connection with the peace and progress of the people of Sikkim. Maharashtra & Gujarat – taking steps for the developments of certain areas like Vidarbha, Saurashtra.
In the discharge of such special responsibility, the Governor has to act according to the directions issued by the President from time to time and subject thereto, he is to act in his discretion.
Here are the notes for The Council Of Ministers Of State.