Executive Powers of the Governor under Constitution of India

Under the Constitution of India, the Governor has several powers equivalent to that of the President. The difference lies in the fact that the Governor does not enjoy diplomatic, military or emergency powers. The powers vested in the Governor can be divided into four categories: executive, financial, legislature, and judicial. This article throws some light on the executive powers of the Governor.

Constitution of India: Executive Powers of the Governor

The executive powers available to the Governor under the Constitution of India can be utilized by him directly or through his subordinate officers. Under Article 162, every action of a state government is expressed to be taken on behalf of the Governor. Any order and instrument made or executed on behalf of the Governor will have to be authenticated the way it is mentioned in the rules. It must be noted that an order of instrument that has been so authenticated, its validity cannot be challenged on account that it was made or executed by the Governor.

The provisions in Article 166 (1) and (2) of the Constitution of India are directory but not mandatory. This implies that an order cannot be pronounced invalid even if it is not expressed in a manner stated in these provisions. However, in such an instance, there must be evidence supporting that the order was made by the proper authority, as per clause (3) of Article 166. If no evidence is provided, the order can be questioned in the Court on the grounds stated in clause (2) of the Article. Authentication suggests that it was the Governor who made the order. However, the order can be challenged if the Governor had not acted according to the law while making the order.