Constitutional Provisions Related to the Governor:
The Uttarakhand Governor has returned the amendment Bills on the Uniform Civil Code (UCC) and the Freedom of Religion and Prohibition of Unlawful Conversion Act, 2018 citing technical and legal flaws, renewing focus on the scope of the Governor’s powers.
- The Uttarakhand Governor returning amendment Bills on the UCC has brought renewed attention to the constitutional powers of Governors, especially their authority under Article 200 to return or withhold assent to State legislation.
- While the Governor functions as a constitutional head acting mainly on ministerial advice, his legislative and discretionary powers are meant as constitutional safeguards, but their use often sparks debates on federalism, democratic accountability, and Centre–State relations.
- The Governor is the constitutional head of the State under Article 153, with the executive power of the State vested in him under Article 154. He acts as a link between the Union and the State.
- 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 citizen of India and has completed age of 35 years (Article 157).
- The Governor shall not be a member of the Legislature or Parliament; shall not hold any office of profit, shall be entitled to emoluments and allowances. (Article 158)
- Every Governor and every person discharging the function of the Governor shall make a subscribe an oath or Affirmation (Article 159).
- The Governor has key legislative functions under Articles 174 to 176, including summoning, proroguing, and dissolving the Legislative Assembly, addressing the House, and sending messages to it.
- Under Article 200, the Governor may assent to Bills, withhold assent, return Bills for reconsideration (except Money Bills), or reserve Bills for the President’s consideration.
- The Governor exercises absolute veto by withholding assent and suspensive veto by returning a non-Money Bill for reconsideration. However, the Governor does not have pocket veto.
- Under Article 163, the Governor acts on the advice of the Council of Ministers, except in discretionary matters.
- He appoints the Chief Minister and other Ministers under Article 164, appoints the Advocate General of the State under Article 165, and all executive actions of the State are carried out in the name of the Governor as per Article 166.
- Financial Powers:
- Article 202: Causes the Annual Financial Statement (State Budget) to be laid before the Legislature.
- Article 203(3): No demand for grants without the Governor’s recommendation.
- Article 205: Causes supplementary, additional, or excess grants to be laid before the House.
- Ordinance-Making Power: Under, Article 213 Governor may promulgate Ordinances when the Legislature is not in session and immediate action is required.
- The Governor exercises clemency powers under Article 161, including granting pardons and commutations.
- He is consulted in the appointment of High Court judges, and judges take their oath or affirmation before the Governor under Article 217.
