What is constitutional position of Governor of the state?
Q. Which of the following is/are true regarding constitutional position of Governor of the state?
1) Reservation of a bill for the consideration of the President is by discretion of the Governor.
2) Recommendation of the imposition of the President’s Rule in the state is not as per the discretion of the Governor.
3) Ministerial advice is not binding on the Governor.- Published on 06 Mar 17a. 1
b. 1, 3
c. 2, 3
d. 2
ANSWER: 1, 3
- In Parliamentary form of government provided by the Constitution of India the Governor has been made only a nominal executive.
- The real executive being the Council of Ministers headed by the Chief Minister.
- The Governor has to exercise his powers and functions with the aid and advice of the Council of Ministers headed by the chief minister, except in matters in which he is required to act in his discretion.
- Provisions of articles 154, 163 and 164 help us understand the constitutional position of the Governor.
- Article 154 - 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 163 - 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 164 -The council of ministers shall be collectively responsible to the legislative assembly of the state.
- This provision is the basis of the parliamentary system of government in the state.
Constitutional position of the governor differs from that of the president due to -
(a) Governor can act at times in his discretion, but the President cannot.
(b) 42nd Constitutional Amendment (1976) made the ministerial advice binding on the President. However, no such provision has been made with respect to the Governor.
- Constitution says that if any question arises whether a matter falls within the governor’s discretion or not, the decision of the governor is final.
- The validity of anything done by the governor 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 matters -
(a) Reservation of a bill for the consideration of the President.
(b) Recommendation for the imposition of the President’s Rule in the state.
(c) While exercising his functions as the administrator of an adjoining Union Territory (in case of additional charge).
(d) 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.
(e) Seeking information from the chief minister with regard to the administrative and legislative matters of the state.
