The Governor of a State is appointed by the president. His term of office is five years. He is removable from office at any time by the same authority.
Qualifications for Appointment as Governor
A governor must be a citizen of India and must have completed the age of thirty five years. He shall not be a member of either House of Parliament or of a House of the Legislature of any state. He shall not hold any other office of profit.
Powers and Functions of the Governor
The powers of the Governor can be coveniently divided into (a) Executive powers (b) Legislative powers (c) Financial powers and (d) Judical powers.
The executive power of the State is vested with the Governor. All executive actions are expressed to be taken in the name of the Governor. The Governor appoints a Council of Ministers with the Chief Minister as the Head to aid and advise him in the exercise of his functions except in matters where the Governor acts in discretion. The discretionary power exercised by the Governor under Article 193 is unique, as the president has no discretionary power. He receives advice from the Council of Ministers. But his discretion either to accept or reject them in final. The advice tendered by the council of Ministers cannot be questioned in a Court of law. It is the duty of the Chief Minister to keep the Governor informed of all the decisions of the Council of Ministers relating to administration of the affairs of the State and proposals for legislation. The Governor appoints the Advocate General of the State, the members of the State Public Service Commission, and Judges of High Court. The Ministers hold office during the pleasure of the Governor.
The sphere of the legislative powers of the Governor is wide. He is the part of the State Legislature. He can summon, prorogue any or both Houses of the State Legislature and dissolve the Legislative Assembly. He may address the House or both the Houses assembled together. A bill passed by the State Legislature with requisite majority becomes a law only after getting the assent of the Governor. He may assent or withhold or may reserve the bill for the consideration of the President. The Governor can promulgate ordinance during the recess of the Legislature. Ordinances have the same effect as law. The Ordinances so promulgated cease to operate after the expiry of six weeks from the reassembly of the Legislature or earlier.
The financial powers of the Governor resemble those of the President at the centre. No money bill or other Financial bills can be introduced in the Legislative Assembly except on the recommendations of the Governor. The Governor is empowered to ask for supplementary, additional or excess grants from the Legislature.
The Governor has the power to pardon, commute or suspend sentence of any person convicted of any offence against any law relating to matters to which the executive power of the State extends. But this power is not intended to be used arbitrarily. The Governor receives annual report of the State Public Service Commission. He deals with the report of the Auditor General regarding income and expenditure of the State.