The Governor

Relevant provisions of the Constitution of India on Governor and his functions :

Article 153 :
Governors of States:- There shall be a Governor for each state:

[Provided that nothing shall prevent the appointment of the same person as Governor for two or more states.]

Article 154:
Executive power of State. - 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.

(2) Nothing in this article shall-

(a)be deemed to transfer to the Governor any functions conferrd by any existing law on any other authority; or

(b)   prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor     

Article 155:
Appointment of Governor- The Governor of a State shall be appointed by the President by warrant under his hand and seal.        

Article 156:
Term of office of Governor-(1) The Governor shall hold office during the pleasure of the President.   

(2)    The Governor may, by writing under his hand addressed to the President, resign his office.   

(3)    Subject to the foregoing provisions of this article, a Governor shall hold for a term of five years from the date on which he enters upon his office.   

    Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.   

Article 157:
Qualification for appointment as Governor- No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thrity-five years.        

   Article 158:

Conditios of Governor's Office

(1)    The Governor shall not be a member of either House of Parliament or of a House of the Legislatur of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House or the date on which he enters upon his office as Governor.   

(2)    The Governor shall not hold any other office of profit.   

(3)    The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and until provision in that behalf is so made,  such  emoluments, allowances and privileges as are specified in the Second Schedule.   

[3A] where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.]   

(4)    the emoluments and allowances of the Governor shall not be diminished during his term of office.        

Article159:
Oath or affirmation by Governor- Every Governor and every person discharging the functions of the Governor shall, before entering upo his office, make and subscribe  in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court available, on oath or affirmation in the following form, that is to say-  

I,A.B., do swear in the name of God/ solemnly affairm, that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of .......(name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the oeople of .......(name of the State)."    

Articl 160:

Discharge of the functions of the Governor in certain contingencies-    The President may make such provision as he thinks fit or  the discharge of the functions of the Governor of a State in any contingency not provided for this Chapter.   

 Article161:

Power of governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.-    The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or 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.     

Article 163

Article 164

(1) The Chief Minister shall be appointed by the Governor and other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor;

….. ……. ……. …..

Article 166

(1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.

(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such matter as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.

……..

Article 167

It shall be the duty of the Chief Minister of each State:-

(a) to communicate to the Governor of the State all decisions of the council of Ministers relating to the administration of the affairs of the State and proposals for legislation;

(b) to furnish such information relating to the administration of the affairs of the State and proposals for legislations the Governor may call for; and

© if the Governor so requires 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.

Article 168

(1)For every state there shall be a Legislature which shall consist of the Governor - .and

(a) In the states of ……Bihar…..Maharashtra…..Karnataka…..and Uttar Pradesh, two Houses;

Article 174

(1)The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

(2)The Governor may from time to time:-

(a )prorogue the House or either House;

Article 175

(1)The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members.

(2)The Governor may send messages to the House or Houses of the Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.

Article 176

(1)At the commencement of (the first session after each general election to the Legislative Assembly ads at the commencement of the first session of leach year), the Governor shall address, the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons.

Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address.

Article 200

When a Bill has been passed by the Legislative Assembly of a State or in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President;

Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the Bill is presented to the Governor for assent, the Governor shall not withhold assent therefrom;

Provided further that the Governor shall not assent to, but shall reserve for the reconsideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.

Article 201

When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom;

Provided that, where the bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the first proviso to Article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.

Article 207

(1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of Article 199 shall not be introduced or moved except on the recommendations of the Governor, and a bill making such provision shall not be introduced in a Legislative Council;

Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.

Article 361

(1)The President, or the Governor of a State shall not be answerable to any Court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties;

Provided that the conduct of the President may be brought under review by any Court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under Article 61;

Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Government of India or the Government of a State.

(1)No criminal proceedings, whatsoever, shall be instituted, or continued against the President, or the Governor of a State, in any Court during his term of office.

(2)No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any Court during his term of office.