Judicial Powers of Governor
Constitutional Position of Governor• Indian Constitution provides Parliamentary form of Government both at centre as well as in states where Governor is only nominal executive, the real powers are vested in the council of Ministers, headed by the Chief Minister. The Governor has to exercise his powers and functions with the aid and advice of Council of Ministers. The following articles refer to the constitutional position of the Governor.
- The executive power of the state shall be vested in the Governor and shall be exercised by him either directly or through officers subordinates to him in accordance with the Constitution (Article 154).
- There shall be a Council of Ministers with the Chief Minister as the head to aid and advice the Governor in the exercise of his function, expect in so far as he is required to exercise his function in his discretion (Article 163).
- The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State (Article 164). This provision is the foundation of the parliamentary system of government in the state.
He can use his powers only in the matters, in which he is required to act in his discretion. It is clear in the Constitution that, if any question arises whether the matter is within the Governor’s discretion or not, the decision of the Governor is final and the validity of anything done by him cannot be called into question.
In some cases, the Governor has certain special responsibilities to discharge according to the directions issued by the president, though he has to consult the council of Ministers and Chief Minister, but acts finally on his discretion.
A Comparison between Powers and Positions of the President and the Governor
|The President is not only the head of the State and the Government, He is also the Commander-in-chief of the Armed Forces.||Each State has its own and the Governor, who looks after internal Government of every State. He is the person, who finalises the budget of the state and also has the power to appoint judges in the courts.|
|The President cannot function without the aid and advice of the Council of Ministers.||Governor can exit without the aid and advice of the Council of Ministers.|
|The President can grant pardon, reprieve, respite, suspension remission or commutation in respect to punishment or sentence by a court martial||Governor can suspend, remit or commute a death sentence. The Governor does not enjoy power of pardoning a death sentence.|
|Every ordinary Bill, after it is passed by both the Houses of the Parliament either single or at a joint sitting is presented to the president for his assent.||Every Ordinary Bill after it is passed by the legislative Assembly in case of a Unicameral Legislature or both the Houses in case of a Bicameral Legislature either in the first instance or in the second instance is presented to the Governor for his assent.|
|Every Money Bill after it is passed by the Parliament is presented to the President for his assent.||Every Money Bill after it is passed by the State Legislature is presented to the Governor for his assent.|
|A President needs no instruction for making an ordinance||Governor can make an ordinance without the instruction from the President only in three case i.e. if a bill containing the same provisions would have required the Previous sanction of the President for its introduction into the State Legislature or if he would have deemed it necessary to reserve a Bill containing the Same provisions for the consideration of the President or if an act of the State legislature containing the same provisions would have been invalid without receiving the President’s assent.|