The powers exercised by the Governor can be divided under two broad headings: (1) those powers which he exercises with the aid and advice of the Chief Minister and his Council of Ministers and (2) those powers which he exercises in his discretion.

Article 154 states that the executive powers of the state shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution.

The word ‘subordinates’ includes all the ministers and the Chief Minister. Unless they are subordinate to him they cannot exercise the executive powers vested in him.

His executive powers are co-extensive with the legislative powers of the state legislature. It covers all the subjects on which the state legislature can enact laws. A situation could arise when there is no rule or law of the legislature relating to a particular subject. In that case the Governor can exercise his executive powers by issuing administrative rules, orders, circulars or instructions so long as the legislature does not make any law on that subject.

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The Governor is required to frame rules of business allocating work to different ministers. Through the rules of business and standing orders, the Governor may delegate any of his executive powers, except those actions which are to be exercised by him at his discretion, to his ministers, on the advice of the council of ministers by these various subjects amongst particular ministers.

These rules may empower the minister in charge of a subject to issue orders for the disposal of matters within his charge.

He appoints the Council of Ministers for the state, the Advocate General and the members of the State Public Service Commission. As regards his legislative powers, vide the 23rd Amendment to the Constitution in 1969, he appoints one member of the Anglo-Indian community to the legislative assembly wherever necessary. He also appoints a few members in the State Legislative Council, if there is one, in the state.

These persons should have made their mark in the field of arts, science, literature, social sciences etc. These appointments are also made in consultation with the C.M. and his ministers. The validity of these nominations cannot be enquired into by any court.

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The Governor is not bound to disclose any facts relating to such nominations. If the office of the Speaker or the Deputy Speaker in the Legislative Assembly or that of the Chairman or the Vice-Chairman in the Legislative Council falls vacant, he can appoint any other member from the Assembly or the Council as the case may be, to take charge.

However, the most important legislative power is that of issuing ordinances. They are issued by him after the advice of the President or the Chief Minister and his ministers. He can promulgate an ordinance under Article 213 (1), only when the state legislature is not in session in order to meet an emergency which requires immediate action.

Under Article 213 (2) such an ordinance will have the same force as a law. Every such ordinance will be laid before the state legislature and shall cease to operate at the expiry of six weeks from the reassembly of the legislature or if, before the expiration of that period, can also be withdrawn by the Governor at any time.

There are three circumstances under which the Governor cannot promulgate an ordinance without prior instructions from the President: (1) if a bill containing the same provisions would require the prior sanction of the President before its introduction; (2) if he would have deemed it necessary to reserve a bill containing the same provisions for the consideration of the President; and (3) if an Act under the same provision would have been reserved for the consideration of the President and would have received his assent.

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The power of issuing ordinances is an extremely useful one as it facilities immediate action in an emergency. But, it must always be exercised in good faith. Work dealing with ordinances in Bihar, points out that a state could be governed principally by ordinances without very little legislative enactment.

He says that in Bihar, between 1971-1981, 163 Acts were passed by the legislature and 1956 ordinances were promulgated by the Governor. In other words, in eleven years, on an average, for every one Act of the legislature there were twelve ordinances of the Governor. In Bihar, some ordinances had a life of 13 to 14 years. This can happen because there is no bar in the Constitution on the number of times the Governor can promulgate the same ordinance.

The Governor is also the ex-officio chancellor in some of the universities and, as such, has statutory powers of the appointment of the Vice-Chancellor or of nominating members to the various bodies of the universities. The Governor, while doing so, generally acts on the advice of the Chief Minister, but there have been instances when Governors have ignored the advice of the Chief Ministers.

He must also consult the Education Minister while appointing the vice-chancellor. Whenever the need arises for a new Vice-Chancellor, the chancellor appoints a committee consisting of a nominee of the university senate and the chancellor’s nominee. This committee prepares a panel of names from among which, the Governor chooses one. His powers as chancellor are not defined by the Constitution but are given by the enactments of the state legislature. Hence, they vary from state to state.

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In all cases, as head of the state, he must endeavour to maintain the autonomous character of universities and must keep them free from political interference.

The Governor of a state has also the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends. He can also grant amnesty.

There is a difference between the pardon granted by the President under Article 72 and by the Governor under Article 161. The President has an exclusive power to grant pardon in cases where the sentence is a sentence of death. Secondly, the President can pardon punishments or sentences inflicted by court martial. The Governor has no such powers.