Part VI of the Indian Constitution: Governor of the State

By Naveen Singh|Updated : March 25th, 2020

Part VI of the Indian Constitution talks about the Governor of the State.

Part VI of the Indian Constitution: Governor of the State

Important Articles pertaining to the office of Governor

Articles 153 - Governors of states

Articles 154 - Executive power of the state

Articles 155 - Appointment of Governor

Articles 156 - Term of office of Governor

Articles 157 - Qualifications for the appointment as the Governor

Articles 158 - Conditions of the Governor’s office

Articles 159 – Governor’s Oath or Affirmation

Articles 161 - Power of the Governor to grant pardons and others

Articles 163 – Aid and Advice by the Council of Ministers to the Governor

Articles 165 - Advocate-General for the state

Articles 200 - Assent to bills (i.e. assent of the Governor to the bills passed by the state legislature)

Articles 201 - Bills reserved by the Governor for consideration of the President

Articles 213 – Governor’s power to promulgate ordinances

Articles 217 – Consultation of Governor by the President in the matter of the appointments of the judges of the High Courts.

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Governor of State: Powers, Appointment & Removal

  1. The Governor is the De Jure executive head at the state level. His position is analogous to that of the President at the centre.
  2. The Governor is appointed by the president.
  3. To be appointed as the Governor of any state or two or more states as a person
    (a) Should be a citizen of India.
    (b) And should have attained 35 years of age.

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  1. He should not hold any office of profit as well.
  2. Like the President, the governor is also entitled to a number of immunities and privileges. During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts.
  3. The oath - is administered by the chief justice of the corresponding state high court and in case he’s absent, the senior-most judge of that particular court.
  4. A governor holds office for a term of five years from the date on which he enters upon his office. He holds office until the pleasure of the President and he offers his resignation to the President.
  5. All executive actions of the government of a state are formally taken in his name. He appoints the chief minister and other ministers. They also hold office during his pleasure.
  6. He appoints the advocate general of a state and determines his remuneration. The advocate general holds office during the pleasure of the governor.
  7. He appoints the state election commissioner. However, the state election commissioner can be removed only in the like manner and on the like grounds as a judge of a high court.
  8. 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.
  9. A governor is an integral part of the state legislature. He can summon or prorogue the state legislature and dissolve the state legislative assembly.
  10. He nominates one-sixth of the members of the state legislative council.
  11. He can nominate one member to the state legislative assembly from the Anglo-Indian Community.
  12. The Governor can withhold the assent to bills, return the bills for reconsideration (if they’re not money bills), and even reserve the bills for consideration by the President. (He can even reserve a money bill for consideration by the President).
  13. He can promulgate ordinances when the state legislature is not in session. The ordinances must be approved by the state legislature within six weeks from its reassembly. He can also withdraw an ordinance anytime (Article 213).
  14. Money bills can be introduced in the state legislature only with his prior recommendation.
  15. He can grant pardons, reprieves, 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 (Article 161).
  16. He is consulted by the president while appointing the judges of the concerned state high court.

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