Q. Critically examine the role of Governor in the State politics in India, particularly in Bihar. Is he a mere puppet? [BPSC-2019] OR Discuss the powers and actual position of the Governor in Bihar politics. [BPSC-2018] OR Discuss the powers and actual position of the Governor in Bihar politics. [BPSC-2018] OR Discuss the power and functions of the Governor and his role in Bihar. [BPSC-2012] OR Discuss the powers of the Governor and explain his role with reference to the recent developments in Bihar. [BPSC-1997] OR Examine the status and powers of the Governor of an Indian State. [BPSC-1993]

Q. Critically examine the role of Governor in the State politics in India, particularly in Bihar. Is he a mere puppet? [BPSC-2019] OR Discuss the powers and actual position of the Governor in Bihar politics. [BPSC-2018] OR Discuss the powers and actual position of the Governor in Bihar politics. [BPSC-2018] OR Discuss the power and functions of the Governor and his role in Bihar. [BPSC-2012] OR Discuss the powers of the Governor and explain his role with reference to the recent developments in Bihar. [BPSC-1997] OR Examine the status and powers of the Governor of an Indian State. [BPSC-1993]

Ans:
Articles 153 to 167 in Part VI of the Constitution deal with the state executive. The governor is the chief executive head of the state. But, like the president, he is a nominal executive head (titular or constitutional head). The governor also acts as an agent of the central government. Therefore, the office of governor has a dual role. Usually, there is a governor for each state, but the 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as a governor for two or more states.
The powers of the Governor:

• The powers and functions of the governor can be studied under the following heads: 
  • Executive powers:
    • All executive actions of the government of a state are formally taken in his name.
    • 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 transaction of the business of a state government and for the allocation among the ministers of the said business.
    • He appoints the chief minister and other ministers. They also hold office during his pleasure.
      • There should be a Tribal Welfare minister in the states of Chattisgarh, Jharkhand, Madhya Pradesh and Odisha appointed by him. The state of Bihar was excluded from this provision by the 94th Amendment Act of 2006.
    • He appoints the advocate general of a state and determines his remuneration. The advocate general holds office during the pleasure of the governor. 
    • He appoints the state election commissioner and determines his conditions of service and tenure of office. However, the state election commissioner can be removed only in like manner and on the like grounds as a judge of a high court.
    • He appoints the chairman and members of the state public service commission. However, they can be removed only by the president and not by a governor.
    • He can seek any information relating to the administration of the affairs of the state and proposals for legislation from the chief minister.
    • He can require the chief minister to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council. 
    • 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.
    • He acts as the chancellor of universities in the state. He also appoints the vice-chancellors of universities in the state.
  • Legislative powers:  A governor is an integral part of the state legislature. In that capacity, he has the following legislative powers and functions:
    • He can 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 house or houses of the state legislature, with respect to a bill pending in the legislature or otherwise.
    • He can appoint any member of the State legislative assembly to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant. Similarly, he can appoint any member of the state legislature council to preside over its proceedings when the offices of  both Chairman and Deputy Chairman fall vacant.
    • He nominates one-sixth of the members of the state legislative council from amongst persons having special knowledge or practical experience in literature, science, art, cooperative movement and social service.
    • He can nominate one member to the state legislature 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. 
    • When a bill is sent to the governor after it is passed by state legislature, he can: 
      • Give his assent to the bill, or
      • Withhold his assent to the bill, or
      • Return the bill (if it is not a money bill) for reconsideration of the state legislature. However, if the bill is passed again by the state legislature with or without amendments, the governor has to give his assent to the bill, or
      • Reserve the bill for the consideration of the president. In one case such reservation is obligatory, that is, where the bill passed by the state legislature endangers the position of the state high court.
        • In addition, the governor can also reserve the bill if it is of the following nature:
          • (i) Ultra-vires, that is, against the provisions of the Constitution.
          • (ii) Opposed to the Directive Principles of State Policy.
          • (iii) Against the larger interest of the country.
          • (iv) Of grave national importance.
          • (v) Dealing with compulsory acquisition of property under Article 31A of the Constitution.
    • He can promulgate ordinances when the state legislature is not in session. These ordinances must be approved by the state legislature within six weeks from its reassembly. He can also withdraw an ordinance anytime. This is the most important legislative power of the governor.
    • He lays the 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:
    • He sees that the Annual Financial Statement (state budget) is laid before the state legislature.
    • Money bills can be introduced in the state legislature only with his prior recommendation.
    • No demand for a grant can be made except on his recommendation.
    • He can make advances out of the Contingency Fund of the state to meet any unforeseen expenditure.
    • He constitutes a finance commission after every five years to review the financial position of the panchayats and the municipalities.
  • Judicial powers:
    • He can grant pardons, reprives, respites and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.
    • 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 state high court.
    • He also appoints persons to the judicial service of the state (other than district judges) in consultation with the state high court and the State Public Service Commission.

The actual position of the Governor:

• He is appointed by the president by warrant under his hand and seal. In a way, he is a nominee of the Central government.
  • But, as held by the Supreme Court in 1979, the office of governor of a state is not an employment under the Central government. It is an independent constitutional office and is not under the control of or subordinate to the Central government.
• The Constitution of India provides for a parliamentary form of government in the states as in the Centre. Consequently, the governor has been made only a nominal executive, the real executive constitutes the council of ministers headed by the chief minister. In other words, the governor has to exercise his powers and functions with the aid and advise of the council of ministers headed by the chief minister, except in matters in which he is required to act in his discretion (i.e., without the advice of ministers).
• In estimating the constitutional position of the governor, particular reference has to be made to the provisions of Articles 154, 163 and 164. These are:
  • The executive power of the state shall be vested in the governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution (Article 154).
  • There shall be a council of ministers with the chief minister as the head to aid and advise the governor in the exercise of his functions, except in so far as he is required to exercise his functions in his discretion (Article 163).
  • The council of ministers shall be collectively responsible to the legislative assembly of the state (Article 164). This provision is the foundation of the parliamentary system of government in the state.
• From the above, it is clear that constitutional position of the governor differs from that of the president in the following two respects:
  • While the Constitution envisages the possibility of the governor acting at times in his discretion, no such possibility has been envisaged for the President.
  • After the 42nd Constitutional Amendment (1976), ministerial advice has been made binding on the President, but no such provision has been made with respect to the governor.
• The Constitution makes it clear that if any question arises whether a matter falls within the governor’s discretion or not, the decision of the governor is final and the validity of anything done by him cannot be called in question on the ground that he ought or ought not to have acted in his discretion.
• The governor has constitutional discretion in the following cases:
  • Reservation of a bill for the consideration of the President.
  • Recommendation for the imposition of the President’s Rule in the state.
  • While exercising his functions as the administrator of an adjoining union territory (in case of additional charge).
    • Currently the governor of Bihar doesn’t has such responsibility.
  • Determining the amount payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration.
  • Seeking information from the chief minister with regard to the administrative and legislative matters of the state.
• In addition to the above constitutional discretion (i.e., the express discretion mentioned in the Constitution), the governor, like the president, also has situational discretion (i.e., the hidden discretion derived from the exigencies of a prevailing political situation) in the following cases:
  • Appointment of chief minister when no party has a clear-cut majority in the state legislative assembly or when the chief minister in office dies suddenly and there is no obvious successor.
  • Dismissal of the council of ministers when it cannot prove the confidence of the state legislative assembly.
  • Dissolution of the state legislative assembly if the council of ministers has lost its majority.
• Moreover, the governor has certain special responsibilities to discharge according to the directions issued by the President. In this regard, the governor, though has to consult the council of ministers led by the chief minister, acts finally on his discretion. They are as follows:
  • Maharashtra—Establishment of separate development boards for Vidarbha and Marathwada.
  • Gujarat—Establishment of separate development boards for Saurashtra and Kutch. 
  • Nagaland—With respect to law and order in the state for so long as the internal disturbance in the Naga Hills–Tuensang Area continues.
  • Assam—With respect to the administration of tribal areas. 
  • Manipur—Regarding the administration of the hill areas in the state.
  • Sikkim—For peace and for ensuring social and economic advancement of the different sections of the population.
  • Arunachal Pradesh—With respect to law and order in the state.
  • Karnataka – Establishment of a separate development board for Hyderabad-Karnataka region.

Thus, the Constitution has assigned a dual role to the office of a governor in the Indian federal system. He is the constitutional head of the state as well as the representative of the Centre (i.e., President).