Explore topic-wise InterviewSolutions in .

Powers and functions of the Governor: In the Parliamentary executive systems of India, the position of Governor is that of a respectful figure-head, representing the honour and dignity of the people of the states. It has become a fashion to label the Governor as a rubber stamp the impression is that he does nothing but signing the bills brought before him. But there are occasions that offer scope for independent decisions. When no party enjoys a majority, the power to appoint the Chief Minister rests with the governor.

In case of the sudden demise of the Chief Minister, if the party fails to elect its leader, at the earliest the Governor may appoint a person of his choice as the Chief Minister. Importantly if a government loses the majority, and recommends for the dissolution of the house (Vidhana sabha), it is purely left to the governor whether to dissolve or not.

1. The legislative functions are detailed below.

1. To Summon the session, to Prorogue the session or dissolve the legislature. 

2. The Governor enjoys the power to address the legislature. It is normally done after general elections or the first session of the year. That is called “Governor’s speech”. This inaugural speech outlines the objectives and priorities of the government. Traditionally this speech is prepared by the cabinet but read by the Governor. 

3. In passing the bills, if a deadlock arises due to non agreement between two houses of the legislature, the Governor may call for joint session of both the houses. 

4. The Governor may address either House of the state legislature or both any time and also may send a message to both the houses to settle an unsettled bill. But, however, no Governor so far has neither addressed the house nor sent messages.

5. In the considered view of the Governor if he is satisfied that the Anglo-Indian community is not adequately represented, he may nominate a member to Vidhana sabha. 

6. Governor must seek prior permission of the President while dealing with bills relating to formation of new states, alteration of state boundaries and some special bills like the finance bills. 

7. No bills can become a law without the assent of the Governor. He enjoys the power of withhold a bill. This power is called ‘Veto power’. However, he can’t refuse his assent for finance bills. But he can withhold assent for non-money bills. But if the same is resubmitted for signature, even without changes, he cannot refuse.

8. The Governor enjoys the power of issuing Ordinance when the legislature is not in session. It will have the same power and effect similar to that of a law made by the state legislature provided the same is ratified by the legislature within 6 weeks of its. passage, otherwise it ceases to be a law and is considered null and void.

2. Executive Functions: The Governor is the administrative head of the state and orders are executed in his name. Article 154 clearly states that “the executive powers of the state must be vested in the hands of the Governor”.

1. All accords and agreements carried out on behalf of the government of state is done in the name of the Governor. 

2. The Governor has the power to call for any information from the government. 

3. The Governor appoints the Chief Minister and the council of ministers on the recommendation of the Chief Minister. 

4. The member of the State Public Service Commission (SPSC), Backward Classes Commission (BCC) are appointed by the Governor.

3. Financial powers: The following are the financial functions of the Governor. 

1. It is the constitutional obligation of the Governor to see the annual income expenditure statement the budget is placed before state legislature for approval. 

2. Financial bills cannot be presented in state legislature without the consent of the Governor. 

3. The recommendations of the state finance commissions and the planning commission are placed before the legislature on orders of the Governor. 

4. The members of the Finance Commission and Planning Commission are appointed by the Governor.

4. Judicial Powers:

1. The judicial powers of the Governor extends till the will of the state legislature extends, 

2. The Governor enjoys the power of pardoning the sentence of a person declared an offender by the High Court. He is so powerful that he can reduce change or altogether cancel the punishment. This power is called Governor’s pardon. This is provided to ensure against any miscarriage of justice. However, the Governor has no power to pardon a person if the case is pending with the Supreme court. 

3. The judges of the High court are appointed by the President in consultation with the Governor and the Chief justice of the high court. 

4. The Governor is entitled to legal advice on matters relating to the constitutional clarity of bills. However, it is not binding on the Governor to accept it.

5. Discretionary Powers: As first citizen of the state, the Governor has the responsibility of conducting the administrative machinery as per the provisions enshrined in the constitution.

Article 163 vests the Governor with discretionary power that cannot be questioned in any court of law. Though the powers are discretionary, the constitution expects it to be used with common sense, restraint and a sense of justice.

The discretionary powers of the Governor are as follows:

1. In appointing the Chief Minister if no party enjoys majority it is left to the discretion of the Governor to call any person to form the government and prove his majority. 

2. On the recommendation of the Chief Minister, Governor can sack a minister (Article 164). 

3. If the Governor believes that the government has lost majority or if the Chief Minister having lost majority does not resign or if the government is using unethical means for political gains, under these circumstances he can dissolve the Council of ministers. (‘Article 174). 

4. The Governor can return a bill back to legislature for reconsideration. 

5. The Governor can reserve certain bills passed by the state legislature for consideration of the President (Article 200). 

6. Before issuing an ordinance, the Governor can receive directions from the President.

7. If the Governor is satisfied that a situation has arisen in which the government cannot be run according to provision of the constitution he may request the President to take over the state administration under Article 356. This is called President’s rule’. The report sent by the Governor to President must be kept confidential from the Council of ministers.

The discretionary powers of the Governor are as follows:

1. In appointing the Chief Minister if no party enjoys majority it is left to the discretion of the Governor to call any person to form the government and prove his majority. 

2. On the recommendation of the Chief Minister, Governor can sack any minister (Article 1 64). 

3. If the Governor believes that the government has lost majority or if the Chief Minister having lost majority does not resign or if the government is using unethical means for political gains, under these circumstances he can dissolve the Council of ministers. (‘Article 174).

4. The Governor can return a bill back to legislature for reconsideration. 

5. The Governor can reserve certain bills passed by the state legislature for consideration of the President (Article 200). 

6. Before issuing an ordinance, the Governor can receive directions from the President. 

7. If the Governor is satisfied that a situation-has arisen in which the government cannot be run according to provision of the constitution he may request the President to take over the state administration under Article 356. This is called President’s rule’. The report sent by the Governor to President must be kept confidential from the Council of ministers.

1. The President may declare internal emergency under Article 352, if, in his opinion, there is a threat to India’s security due to war or external aggression. 

2. The President may impose ‘President’s Rule’ under Article 356 if he is convinced that in that particular state the law and order have completely deteriorated and it cannot be governed as per the constitution. Though the President’s rule is imposed on the recommendation of the governor of the concerned state, it is not compulsory.

3. If the President is convinced that the financial stability and prestige of the nation are at risk, he may impose a financial emergency under Article 360. However, the imposition of internal and financial emergency should be placed before Parliament and its consent was taken within 2 months of the declaration of emergency, otherwise, it is considered invalid.

The power and position of Prime minister is so powerful that he is referred to as The first among equals (primus intersperes). Lord Morley regards Prime minister as “the keystone of the cabinet arch.” Former British Prime Minister Harold Wilson considered Prime Minister as “a person who conducts an orchestra without using any instrument”. The greatest ever British Prime minister R.A.Butler once said, “A Prime minister must be a good butcher, and know all the joints.”

• Article 74 of the constitution states that “there shall be a Council of ministers headed by the Prime Minister for the Union of India”. The Prime minister is elected from among the members of the majority party in Lok sabha. In case no party enjoys majority it is left to the discretion of the President to pick the Prime minister, who in his opinion will prove majority in a stipulated time. Traditionally, the Prime minister should be from Loksabha. Some scholars compare the Prime minister to the Sun because complete administration revolves around him. B. R. Ambedkar compares the powers of Prime minister to that of the President of U.S.A,

The success or failure of a Prime minister largely depends upon the personality besides administrative knowledge and experience. For example, Nehru was known for his magnetic personality, Shastri for his soft-spoken, but firm nature, Mrs. Gandhi for ‘never forget or forgive enemies’ attitude and Rajiv Gandhi was progressive but parasitic. P. V Narasimha Rao always regarded not making any decision as to the best decision, whereas Vajpayee was emotional.

1. Ex – Officio Chairman of Rajya Sabha : The vice president of India performs as an ex – officio chairman of the Rajya Sabha. He is empowered to preside over the meetings of Rajya Sabha. He can adjourn the house or suspend its sitting in the event of the absence of a quorum.

2. Acting President of India: The vice president is permitted to work as a acting president when the office of the president is vacant by reason of death, resignation, removal. At that time the vice president can claim all the benefits of the office of the president. He will be in that office until a new president is elected.

Qualifications: A Citizen to become a Governor must have the following qualifications:

• Must be a citizen of India. 
• Should have attained the age of 35 years. 
• Must not be a member of either house of the state legislature. 
• Should not hold an office of profit – national, regional, or local. 
• Must not be insolvent or bankrupt. 
• Should be loyal to the constitution.

In the Parliamentary government, the position of the President is that of a respectful figure-head, representing the honor and dignity of the people of India. It has become a fashion to label the President as ‘a rubber stamp’, the impression is that he does nothing but signing bills brought before him. But there are occasions that offer scope for independent decisions. When no party enjoys a majority, the power to appoint Prime minister rests with the President (Article 75).

In case of sudden demise of Prime minister, if the party fails to elect its leader, at the earliest, President may appoint a person of his choice as the Prime minister. Importantly, if a government loses majority and recommends for the dissolution of the house (Lok sabha), it is purely power of the President to dissolve the parliament or not (Article 85).

The powers and functions of the President are as follows: 

1. Legislative Functions: The legislative functions are detailed below:

1. To summon, prorogue and dissolve the Parliament. 

2. The President enjoys the power to address the Parliament. It is normally done after general elections or the first session of the year. It is generally called Presidential speech. This inaugural speech outlines the objectives and priorities of the government. 

3. In passing the bills, if a dead lock arises due to non agreement between two houses . of the parliament, the President may call for joint session of both the houses.

4. The President may address Lok sabha or Rajya sabha or both any time and also may send a message to both the houses of parliament to look into a bill. 

5. In the considered view of the President, if he is satisfied that the Anglo-Indian community is not adequately represented, he may nominate 12 members to Rajva Sabha and 2 members to Lok sabha. 

6. Prior permission of the President is essential while dealing with bills relating to formation of new states, alteration of boundaries and some special bills like the finance bills. 

7. No bill can become a law without the assent of the President. He enjoys the power to withhold a bill. This power is called ‘Veto power”. However he cannot refuse his assent for finance bills. But he can withhold assent for a non money bill. But if the same is resubmitted for signature even without changes, he cannot refuse to sign it. 

8. The President enjoys the power of issuing Ordinance when the parliament is not in session. It will have the same power and effect similar to that of a law made by the Parliament provided the same is ratified by the Parliament within 6 weeks of its passage. Otherwise it ceases to be a law and is considered null and void or zero.

2. Executive Functions: The President is the administrative Head of the State and orders are executed in his name. Article 53 clearly states that the executive powers of the State must be vested in ‘the hands of the President’.

1. All accords and agreements carried out on behalf of the Government of India is done in the name of the President. 

2. The President has the power to call for any information from the government. 

3. The President appoints the Prime minister and the Council of minister on recommendation of the Prime minister.

4. The highest constitutional functionaries such as Comptroller and Auditor General (CAG), Chief Election Commissioner (CEC), ChiefVigilance Commissioner (CVC) are appointed by the President. 

5. The member of the Union Public Service Commission (UPSC), National Human Right Commission (NHRC), Backward Class Commission (BCC) and National Commission for Women (NCW) are appointed by the President. 

6. The President enjoys the power of removing highest constitutional functionaries. 

7. The President can call for reports from Scheduled Castes and Scheduled Tribes Commission, Linguistic Minorities Commission (LMC), Backward Class Commission (BCC) and other commissions.

3. Financial powers:

1. It is the constitutional obligation of the President to see that the annual income expenditure statement. The budget is placed before the Parliament for approval. 

2. Financial bills cannot be presented in the Parliament without the consent of the President. 

3. The recommendation of the Finance Commissions and the Planning Commission are placed before the Parliament on orders of the President. 

4. The members of the Finance Commission and Planning Commission are appointed by the President.

4. Judicial Powers:

1. The President enjoys the power of pardoning the sentence of a person declared an offender by the Supreme Court. He is so powerful that he can reduce change or altogether cancel the punishment. This power is called Presidential Pardon. This is provided to ensure against any miscarriage of justice (Article 72).

2. The Judges of the Supreme Court and High court are appointed by the President in consultation with the Chief Justice of India. 

3. The President is entitled to legal advice on matters relating to the constitutional clarity of bills. However, it is not binding on the President to accept it.

5.Military Powers: 

1. President is the Supreme Commander of the Armed Forces. 

2. President has the power to declare war or peace, but parliamentary approval is essential for such a decision. 

3. The President can raise funds for training and preservation of armed forces with prior approval of the Parliament. 

4. The Chiefs of Army, Navy, and Air force are appointed by the President.

6. Diplomatic Powers: 

The diplomatic powers of the President are purely symbolic in nature.

1. The President represents the country in international affairs. His visits are of courtesy nature aimed at strengthening bilateral relations; he does not sign any treaties or agreements. 

2. The ambassadors representing the country abroad are appointed by the President. 

3. The foreign ambassadors are received by the President. No person can be considered an ambassador unless he is given the ‘Letter of Accreditation’ by the president.

7. Emergency Powers: The emergency powers of the President are enumerated in the constitution from Article 352 to Article 360. The President may declare emergency under three circumstances:

1. The President may declare internal emergency under Article 352, if, in his opinion, there is a threat to India’s security due to war or external aggression. 

2. The President may impose ‘President’s Rule’ under Article 356 if he is convinced that in that particular state the law and order has completely deteriorated and it cannot be governed as per the constitution. Though the President’s rule is imposed on the recommendation of the governor of the concerned state, it is not compulsory. 

3. If the President is convinced that the financial stability and prestige of the nation is at risk, he may impose financial emergency under Article 360.

However, the imposition of internal and financial emergency should be placed before Parliament and its consent taken within 2 months of the declaration of emergency, otherwise, it is considered invalid.

The functions of the vice president are explained as below. 

1. Ex – Officio Chairman of Rajya Sabha : The vice president of India performs as an ex-officio chairman of the Rajya Sabha. He is empowered to preside over the meetings of Rajya Sabha. He can adjourn the house or suspend its sitting in the event of the absence of a quorum.

2. Acting President of India: The vice president is permitted to work as an acting president when the office of the president is vacant by reason of death, resignation, removal. At that time the vice president can claim all the benefits of the office of the president. He will be in that office until a new president is elected:

1. National emergency (Art, 352) 

2. Presidential rule (Art, 356) 

3. Financial emergency (Art, 360)