What the powers a Governor has is not have straightforward answer. It has two contrasting facades; constitutional and political.
From the statutory standpoint the governor of a state is the repository of the executive powers of the state and following the parliamentary form of government the Governor is expected to be the figurehead (like President at Union level) where the council of minister shall exercise the executive powers devolved on the states.
Thus, the Governor appoints the chief minister and on his advice, other ministers and several important officials such as the advocate general, the chairman and members of the State Public Service Commission
Governor summons the state legislature, prorogue house or dissolve the legislative assembly and addresses the legislature and sends messages to it.
Every bill passed by the state legislature must receive the Governor's assent before it can become a law. He may give his assent to a bill or withhold it or may reserve it for the consideration of the President.
He may also return a Bill, other than a money bill, to the legislature for reconsideration, but if it is passed a second time, the governor may not withhold his assent to it. No money bill can be introduced in the legislative assembly except on the governor's recommendation.
Governor promulgates ordinances during the period when the state legislature is not in session
Governor can nominate certain members to the state legislature (as from the Anglo-Indian community), can grant pardon, or reduce or commute sentences of any person convicted of any offence.
The governor can forward the report indicating that governance of the state is not being carried on in accordance with provisions of the Constitution (Article 356), based on which the central government can impose 'President's Rule'.
From the above delineation it must not be concluded that what the governors can and are doing are almost like that of the President of India. The Governors are undoubtedly not titular head of the states acting on the advice of the council of ministers.
The wings of the President might have been clipped with the constitutional amendment envisioning that he/she shall act according to the advice of the council of ministers, but such refurbishing is yet to be for the Governors.
As per constitutional provisions the Governors do have discretionary powers (Article 163) where they can exercise power as per own sweet-will or as directed by the appointing authority.
No other constitutional authority has courted so much controversy as Governors. To some accounts, handful of Governors are following the footsteps of their British counterparts (under Government of India Act, 1919 & 1935).
There are few critical areas, as summarised by the report of the Sarkaria Committee on Centre-state Relations, 1988 1 where the Governors role has consistently been reprehensible and where they should tread cautiously and as per constitutional propriety:
· choosing the chief minister,
· testing majority in the assembly floor,
· dismissing the chief minister,
· dissolving legislative assembly,
· recommending president’s rule
· and reserving bills for president’s consideration
Over the years governor’s role has become extremely “controversial with allegations of partiality and lack of objectivity in exercise of the discretionary powers. The part played by some Governors, particularly in recommending president’s rule and in reserving State Bills for the consideration of the president, had evoked strong resentment. ... Criticism has also been levelled that the Union government utilises the governors for its own political ends. Many governors, looking forward to further office under the Union or active role in politics after their tenure, came to regard themselves as agents of the Union. The governor thus became a major issue affecting the equation between the Centre and the states.” 2
Based on the operational experience as recent as Goa, Manipur, Arunachal Pradesh, Uttarakhand etc., what the Governors can do depends of the political context, contours and dynamics etc.
Explanation:
