Legislative Powers

A governor is an integral part of the state legislature. In that capacity, he has the following legislative powers and functions:

1. He can summon or prorogue the state legislature and dissolve the state legislative assembly.

2. He can address the state legislature at the commencement of the first session after each general election and the first session of each year.

3. He can send messages to the house or houses of the state legislature, with respect to a bill pending in the legislature or otherwise.

4. He can appoint any member of the State legislative assembly to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant. Similarly, he can appoint any member of the state legislature council to preside over its proceedings when the offices of both Chairman and Deputy Chairman fall vacant.

5. He nominates one-sixth of the members of the state legislative council from amongst persons having special knowledge or practical experience in literature, science, art, cooperative movement and social service.

6. He can nominate one member to the state legislature assembly from the Anglo-Indian Community.

7. He decides on the question of disqualification of members of the state legislature in consultation with the Election Commission.

8. When a bill is sent to the governor after it is passed by state legislature, he can:

(a) Give his assent to the bill, or

(b) Withhold his assent to the bill, or

(c) Return the bill (if it is not a money bill) for reconsideration of the state legislature. However, if the bill is passed again by the state

legislature with or without amendments, the governor has to give his assent to the bill, or

(d) Reserve the bill for the consideration of the president. In one case such reservation is obligatory, that is, where the bill passed by the state legislature endangers the position of the state high court. In addition, the governor can also reserve the bill if it is of the following nature:4

(i) Ultra-vires, that is, against the provisions of the Constitution.

(ii) Opposed to the Directive Principles of State Policy.

(iii) Against the larger interest of the country.

(iv) Of grave national importance.

(v) Dealing with compulsory acquisition of property under Article the Constitution.

9. He can promulgate ordinances when the state legislature is not in session. These ordinances must be approved by the state legislature within six weeks from its reassembly. He can also withdraw an ordinance anytime. This is the most important legislative power of the governor.

10. He lays the reports of the State Finance Commission, the State Public Service Commission and the Comptroller and Auditor- General relating to the accounts of the state, before the state legislature.