Governors of states of India - Wikipedia Governors of states of India Republic of India This article is part of a series on the politics and government of India Union Government Constitution of India Fundamental rights Executive : President Vice President Prime Minister Union Council of Ministers Cabinet Secretary Secretaries ( Defence Finance Foreign Home ) Civil services All India Services ( IAS IFS / IFoS IPS ) Parliament : Rajya Sabha ( Chairman ) Lok Sabha ( Speaker ) Judiciary : Supreme Court of India ( Chief Justice ) High courts District Courts Elections Election Commission : Chief Election Commissioner ( Election commissioners ) Next general election State assembly elections Political parties National parties State parties National coalitions : National Democratic Alliance ( NDA ) United Progressive Alliance ( NDA ) Federalism State governments Governor Chief minister Chief secretary ( Principal secretaries ) Legislatures : Vidhan Sabha Vidhan Parishad Local governments : Divisional commissioners District magistrates Sub-divisional magistrates Rural bodies : District councils Block panchayats Gram Panchayats Urban bodies : Municipal corporations Municipal councils Nagar panchayats Other countries Atlas The governors and lieutenant - governors of the states and union territories of India have similar powers and functions at the state level as that of the President of India at Union level. Governors exist in the states while lieutenant - governors exist in union territories and in the National Capital Territory of Delhi. The governor acts as the nominal head whereas the real power lies with the chief ministers of the states and their councils of ministers. In India, a lieutenant governor is in charge of a union territory. However, the rank is present only in the union territories of Andaman and Nicobar Islands, Delhi and Puducherry ( the other territories have an administrator appointed, who is an IAS officer or retired judges of courts ). However, the governor of Punjab acts as the administrator of Chandigarh. Although lieutenant - governors do not hold the same rank as a governor of a state in the list of precedence. The governors and lieutenant - governors are appointed by the President for a term of five years. Contents 1 Selection process 1.1 Qualifications 2 Powers and functions 2.1 Executive powers 2.2 Legislative powers 2.3 Financial powers 2.4 Discretionary powers 3 Contingency situation 4 Emoluments 5 Removal 6 Legal immunity 7 Analysis of role in Government 8 See also 9 References Selection process Qualifications 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 the either house of the parliament or house of the state legislature. not hold any other office of profit. Powers and functions The primary function of the governor is to preserve, protect and defend the constitution and the law as incorporated in his / her oath of office under Article 159 of the Indian constitution in the administration of the State affairs. All his / her actions, recommendations and supervisory powers ( Article 167c, Article 200, Article 213, Article 355, etc. ) over the executive and legislative entities of a State shall be used to implement the provisions of the Constitution. In this respect, the governor has many different types of powers : Executive powers related to administration, appointments and removals, Legislative powers related to lawmaking and the state legislature, that is Vidhan Sabha or Vidhan Parishad, Discretionary powers to be carried out according to the discretion of the governor Executive powers The Constitution vests in the governor all the executive powers of the state government. The governor appoints the chief minister, who enjoys the support of the majority in the Legislative Assembly. The governor also appoints the other members of the Council of Ministers and distributes portfolios to them on the advice of the chief minister. The Council of Ministers remain in power during the ' pleasure ' of the governor, but in the real sense it means the pleasure of the Legislative Assembly. As long as the majority in the Vidhan Sabha supports the government, the Council of Ministers can not be dismissed. The governor appoints the chief minister of a state. He or she also appoints the Advocate General and the chairman and members of the State Public Service Commission. The president consults the governor in the appointment of judges of the High Courts and the governor appoints the judges of the District Courts. All administrations are carried on his or her name, he or she also has the power to appoint staff for his tenure in class one and class four as per constitution of India. Legislative powers The governor summons the sessions of both houses of the state legislature and prorogues them. The governor can even dissolve the Vidhan Sabha. These powers are formal and the governor while using these powers must act according to the advice of the Council of Ministers headed by the Chief Minister. The governor inaugurates ( to dedicate ) the state legislature by addressing it after the assembly elections and also at the beginning of the first session every year. The governor 's address on these occasions generally outlines new policies of the state government. A bill that the state legislature has passed, can become a law only after the governor gives assent. The governor can return a bill to the state legislature, if it is not a money bill, for reconsideration. However, if the state legislature sends it back to the governor for the second time, the governor must assent to it. The governor has the power to reserve certain bills for the president. When the state legislature is not in session and the governor considers it necessary to have a law, then the governor can promulgate ordinances. These ordinances are submitted to the state legislature at its next session. They remain valid for no more than six weeks from the date the state legislature is reconvened unless approved by it earlier. Governor is empowered under Article 192 to disqualify a member of a House of the State legislature when the election commission recommends that the legislator is no longer complying with provisions of Article 191. Per Articles 165 and 177, Governor can ask the Advocate General to attend the proceedings of both houses of the state legislature and report to him any unlawful functioning if any. Financial powers He causes to be laid before the State Legislature the annual financial statement which is the State Budget. Further no demand for grant shall be made except on his recommendation. He can also make advances out of the Contingency Fund of the State to meet any unforeseen expenditure. Moreover, he constitutes the State Finance Commission. Discretionary powers The governor can use these powers : When no party gets a clear majority, the governor can use his discretion in the selection of chief ministerial candidate to prove the majority as soon as possible. He submits reports on his own to the president or on the direction of the president regarding the affairs of the state. He can withhold his assent to a bill and send it to the president for his approval. During an emergency rule per Article 353, governor can override the advice of the council of ministers if specifically permitted by the president only. Contingency situation The governor has no role or powers in a contingency situation such as president 's rule unless specifically permitted by the president under articles 160, 356 and 357. The Governor is not permitted to take any decision on his own without state cabinet advise when an elected government is in charge under the provisions of Part VI of the constitution. Governor 's rule is applicable only to Jammu and Kashmir state. It is often used synonymous with president 's rule in other states. Emoluments Governor 's pay Date established Salary ( per month ) 1 January 2006 ₹ 350,000 ( US $5,400 ) Source : Various emoluments, allowances and privileges available to a governor are determined by the Governors ( Emoluments, Allowances and Privileges ) Act, 1982. In addition to the monthly salary, the governor is entitled to rent free official residence, free household facilities and conveyance. The governor and his family are provided with free medical attendance, accommodation and treatment for life. Removal 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 valid reason is not permitted. However, it is the duty of the President to dismiss a Governor whose acts are upheld by courts as unconstitutional and malafide Resignation by the governor There is no provision for impeachment, as it happens for the president. Legal immunity Under Article 361 of the constitution, governor can not be summoned for questioning except on his voluntary willingness to testify in the court in support of his controversial deeds though the unconstitutional decisions taken by the governor would be declared invalid by the courts. The case would be decided by the courts based on the facts furnished by the union government for the governor 's role. As clarified by the Supreme Court in the case ' Rameshwar Prasad & Ors vs. Union of India & ANR 24 January 2006 ', though governor can not be prosecuted and imprisoned during his tenure, he can be prosecuted after he / she steps down from the post for the guilty committed during his term of governorship as declared earlier by the courts. No governor has resigned on impropriety to continue in office for declaring and nullifying his decisions as unconstitutional by the courts till now. No criminal case at least on the grounds of disrespecting constitution is lodged till now against former governors to punish them for their unconstitutional acts though many decisions taken during the term of governorship had been declared by Supreme Court as unconstitutional, mala fide, void, ultra vires, etc. Analysis of role in government While the President of India is `` elected '', the governor is `` selected '' by the incumbent central government. That is why there have been many instances when governors appointed by a previous government are removed by an incoming government. The reasons are more political. The supreme court has ruled that governors should be given security of term but this is generally not adhered to. Political observers have described governorship as `` plush old age homes '' wherein the governor does not stay impartial and act against popular state leaders. In 1984, Congressman Ram Lal dismissed the N.T. Rama Rao government and allowed Nadendla Bhaskar Rao as chief minister of Andhra Pradesh for 31 days. In January 2014, the Central Bureau of Investigation ( CBI ) approached the Union Law Ministry under the UPA Government to record statements of West Bengal Governor M.K. Narayanan and Goa Governor Bharat Vir Wanchoo. Their statements were considered vital as Narayanan was National Security Adviser and Wanchoo was Chief of Special Protection Group ( SPG ) at the time of signing of contract with AgustaWestland. Their views were also considered before Indian Government signed the contract with Agusta Westland. However, Union Law ministry stonewalled CBI probe by rejecting CBI 's request to examine them claiming they had ' immunity '. UPA was defeated in the 2014 general election and with the incoming NDA Government 's permission, West Bengal Governor M.K. Narayanan became the first ever Governor to be questioned by police in a criminal case. The CBI questioned M.K. Narayanan as a `` witness '' in ₹ 3600 - crore 2013 Indian helicopter bribery scandal. The CBI said Goa Governor Bharat Vir Wanchoo would be questioned in the same case. Arunachal Pradesh governor who is also appointed by the ruling party at the centre, has been sacked by the president after the Supreme Court has quashed his unconstitutional acts. it is a good event in Indian polity by giving a strong message to the state governors that they should not come under the influence of the ruling party at the centre to commit unconstitutional acts. Lt Governor of Delhi, Najeeb Jung resigned taking moral responsibility for his unconstitutional role when Supreme Court observed that the elected local government is not an unconstitutional institution without any powers. See also List of Governors of Indian states Federalism in India Administrators in British India Rajpramukh References ^ Jump up to : `` Union Budget 2018 - 19 '' ( PDF ). Archived from the original on 1 February 2018. ^ Jump up to : `` Article 156, The Constitution Of India ''. Archived from the original on 25 July 2012. Retrieved 7 May 2013. Jump up ^ `` The dismissal of Governors ''. Retrieved 7 May 2016. Jump up ^ `` Origin and Scope of Doctrine of Pleasure in India ''. Retrieved 7 May 2016. Jump up ^ `` Rameshwar Prasad And Ors vs Union Of India And Anr on 24 January, 2006 ''. Retrieved 2 July 2015. Jump up ^ `` The Prevention of Insults to National Honour ( Amendment ) Act, 1971 '' ( PDF ). Retrieved 2 July 2015. ^ Jump up to : `` Changing UPA 's governors : Why Tharoor is only half - right ''. Retrieved 27 June 2014. Jump up ^ `` Why the post of governors should be abolished ''. Retrieved 27 June 2014. Jump up ^ `` CBI seeks Home, Law ministries ' advice to examine BV Wanchoo, MK Narayanan ''. Jump up ^ `` VVIP chopper deal : CBI seeks President 's permission to question Narayanan, Wanchoo ''. The Times Of India. Jump up ^ `` Chopper Scam : CBI Questions WB Guv M.K. Narayanan ''. Retrieved 27 June 2014. Jump up ^ `` VVIP chopper deal : Governors can be questioned while in office, says Attorney General ''. Retrieved 27 June 2014. Jump up ^ `` Arunachal Pradesh Governor Jyoti Prasad Rajkhowa Sacked ''. Retrieved 12 September 2016. Jump up ^ `` Najeeb Jung operated as an assassin of democracy ''. Retrieved 28 December 2016. Lists of governors, lieutenant governors and administrators of Indian states and union territories ( and current incumbents ) Andaman and Nicobar Devendra Kumar Joshi Andhra Pradesh E.S.L. Narasimhan Arunachal Pradesh B.D. Mishra Assam Jagdish Mukhi Bihar Satya Pal Malik Chandigarh V.P. Singh Badnore Chhattisgarh Balram Das Tandon Dadra and Nagar Haveli Praful Khoda Patel Daman and Diu Praful Khoda Patel Delhi Anil Baijal Goa Mridula Sinha Gujarat Om Prakash Kohli Haryana Kaptan Singh Solanki Himachal Pradesh Acharya Dev Vrat Jammu and Kashmir Narinder Nath Vohra Jharkhand Draupadi Murmu Karnataka Vajubhai Vala Kerala P. Sathasivam Lakshadweep Farooq Khan Madhya Pradesh Anandiben Patel Maharashtra C. Vidyasagar Rao Manipur Najma Heptulla Meghalaya Ganga Prasad Mizoram Nirbhay Sharma Nagaland Padmanabha Acharya Odisha S.C. Jamir Puducherry Kiran Bedi Punjab V.P. Singh Badnore Rajasthan Kalyan Singh Sikkim Shriniwas Patil Tamil Nadu Banwarilal Purohit Telangana E.S.L. Narasimhan Tripura Tathagata Roy Uttar Pradesh Ram Naik Uttarakhand Krishan Kant Paul West Bengal Keshari Nath Tripathi Retrieved from `` https://en.wikipedia.org/w/index.php?title=Governors_of_states_of_India&oldid=827744933 '' Categories : State governors of India Hidden categories : Use dmy dates from May 2014 Use Indian English from June 2016 All Wikipedia articles written in Indian English Talk Contents About Wikipedia বাংলা Français हिन्दी Bahasa Indonesia മലയാളം मराठी संस्कृतम् தமிழ் Tiếng Việt Edit links This page was last edited on 26 February 2018, at 13 : 59. Text is available under the Creative Commons Attribution - ShareAlike License ; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia ® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. About Wikipedia

Question: who has power to summon the session of state legislature
Answer: The governor