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Constitutional Position of the Governor

The Governor is the Constitutional head of the States. According to the Constitution, whether a matter of his discretion, the decision of the Governor is final and the validity of anything done by him as a matter of his discretion cannot be questioned. The State Governor has constitutional discretion in the following cases:

  1. Reservation of a Bill for the Consideration of the President;
  2. Recommendation for the imposition of the President’s Rule in the State;
  3. Exercising his functions as the administrator of an adjoining union territory.
  4. In the States of Assam, Meghalaya, Tripura and Mizoram the Governor determines the amount payable to an autonomous Tribal District Council.
  5. Seeking information from the Chief Minister with regard to the administrative and legislative matters of the state. In addition to these, a Governor may exercise his discretionary powers to meet political exigencies in the following cases
  6. Appointing the Chief Minister when no party has acquired clear cut majority in the State Legislative Assembly and when the Chief Minister dies when in office.
  7. Dismissal of the Council of Ministers when they loose the confidence of the State Legislative Assembly.
  8. There are some other cases where the Governors of specific States may Consult the Council of Minister headed by the Chief Minister but acts, in his discretion, some of them may be cited as follows:
  9. Maharashtra – establishment of separate development boards for Vidarbha and Marathwada.
  10. Assam – with respect to the administration of tribal areas.
  11. Establishment of separate development boards of Kutch and Saurashtra in Gujarat.
  12. Nagaland – observance of land and order so long internal disturbance on the Naga Hills continue etc.

These discretionary powers of the Governor make him more than a mere constitutional head and enhance his powers in the State administration. These powers enable him to act more as an agent of the Centre in State administration.

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