Why Governor power is similar to the President power?

Just like the President, Governor is the nominal executive of the state. Art. 162 says that executive power of State extends to matters concerning which the legislature of State has the power to make laws. Art. 166 say that executive functions shall be authenticated in the manner specified in the rules made by Governor. Clause (3) of Art. 166 provide that the Governor is authorized to make rules for the more convenient transaction of the business of the government of State and its allocation among ministers.

The executive power of governer similar to the President:

Executive Powers of the Governor

• Every executive action that the state government takes, is to be taken in his name.
• How an order that has been taken up his name is to be authenticated, the rules for the same can be specified by the Governor.
• He may/may not make rules to simplify the transaction of the business of the state government.
• Chief Ministers and other ministers of the states are appointed by him.
• It is his responsibility to appoint Tribal Welfare Minister in the states of Chattisgarh, Jharkhand, Madhya Pradesh and Odisha
• He appoints the advocate general of states and determines their remuneration
• He appoints the following people: State Election Commissioner, Chairman and Members of the State Public Service Commission, Vice-Chancellors of the universities in the state
• He seeks information from the state government
• A constitutional emergency in the state is recommended to the President by him.
• The governor enjoys extensive executive powers as an agent of the President during the President’s rule in the state.

When the governor can be removed from his seat?

As per Article 155 and Article 156 of the Constitution, a Governor of a state is an appointee of the President, and he or she holds office “during the pleasure of the President”.  If a Governor continues to enjoy the “pleasure of the President”, he or she can be in office for a term of five years.  Because the President is bound to act on the aid and advice of the Council of Ministers under Article 74 of the Constitution, in effect it is the central government that appoints and removes the Governors. “Pleasure of the President” merely refers to this will and wish of the central government.

The term of governor's office is normally 5 years but it can be terminated earlier by:

• Dismissal by the president (usually on the advice of the prime minister of the country) at whose pleasure the governor holds office. Dismissal of Governors without a valid reason is not permitted. However, the President must dismiss a Governor whose acts are upheld by courts as unconstitutional and malafide
• Resignation by the governor

There is no provision for impeachment, unlike with the President of India, Judges of High courts and the supreme court of India and Chief election commissioner.

Where did the designation of Governor started?

A governor is, in most cases, a public official with the power to govern the executive branch of a non-sovereign or sub-national level of government, ranking under the head of state. In federations, governor may be the title of a politician who governs a constituent state and may be either appointed or elected. The power of the individual governor can vary dramatically between political systems, with some governors having only nominal or largely ceremonial power, with others having complete control over the entire government.

Historically, the title can also apply to the executive officials acting as representatives of a chartered company which has been granted exercise of sovereignty in a colonial area, such as the British East India Company or the Dutch East India Company. These companies operate as a major state within a state with its own armed forces.

There can also be non-political governors: high-ranking officials in private or similar governance such as commercial and non-profit management, styled governor(s), who simply govern an institution, such as a corporation or a bank. For example, in the United Kingdom and other Commonwealth countries, there are prison governors ("wardens" in the United States), school governors and bank governors.

Who can be the Governor of state?

Under article 153 of the Indian Constitution, there shall be a Governor for each state.

The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him by the Constitution of India (Article 154).

The Governor of a State shall be appointed by the President by warrant under his hand and seal (Article 155).

A person to be eligible for appointment as Governor should be a citizen of India and has completed the age of 35 years (Article 157).

Eligibility to become the governed of state

Article 157 and Article 158 of the Constitution of India specify eligibility requirements for the post of governor. They are as follows:

A governor must:

• Be a citizen of India.
• Be at least 35 years of age.
• Not be a member of either house of the Parliament or house of the state legislature.
• Not hold any office of profit.

He is appointed by the President by warrant under his hand and seal.

How Governor enjoys more discretionary power than the President power?

In certain respects both these figureheads enjoy discretionary powers which may be compared as follows:

 The Discretionary Power provided are of two types-

1. CONSTITUTIONAL DISCRETIONARY POWERS - The discretions which are given in the constitution. It is given to the Governor under article 163 and not for president. These are;-

• Reservation of bills for President consideration.
• Recommendation for Imposition of President Rule.
• While exercising function as administrator of adjoining UT.
• Determining amount payable by Government of Assam, Meghalaya, Tripura, Mizoram to an autonomous Tribal district Council from licenses for mineral exploration.

Seeking information from the state council of ministers wrt administration and legislation of the state.

2.SITUATIONAL DISCRETIONARY POWERS- The discretions which are available as per the prevailing political situations. it is available for both President and Governor. these are-

• Appointment of PM/CM when there is no party in the majority.
• Dismissal of COM when it does not prove Confidence.
• Dissolution of Lok Sabha/State Legislative Assembly when COM loses majority.
• President can send back the advice given by COM for reconsideration.

42nd Amendment act 1976 said that Ministerial advice has been made binding on the President but no such provision has been made for Governor. The constitution makes it clear that if any question arises whether a matter falls within Governor's discretion or not, the decision of Governor will be final.

Constitution has given Dual Role to Governor. He is representative of the centre as well as the constitutional head of state executive.

SC JUDGEMENT REGARDING POSITION OF GOVERNOR

• RAGHULAL TILAK CASE 1979, SC said that Governor is a constitutional functionary and not a servant of govt.
• RAMESHWAR PRASAD CASE 2005, SC said that constitutional authority of governor must be insulated from political partisanship.
• The Discretionary power provided by the constitution should be used by reason, good faith and caution and not in an arbitrary and fanciful way.