Legislative and Financial Powers of the Governor under Constitution

Under the constitution of India, a Governor is elected to serve a 5-year term. The Governor holds different types of powers, including Executive, Legislative, Financial and Pardoning powers. Here is a glimpse into the Legislative and Financial powers of the Governor.

Constitution of India: Financial Powers of the Governor

The constitution laws state that no money bill can be introduced in the Legislative Assembly of the State unless it has the prior recommendation of the Governor. Article 203 (3) provides that to make a demand of grants, it is mandatory to have the recommendation of the Governor. The governor also has the power to make advances from the state contingency fund to deal with any unforeseen expenditure. Besides, he also presides over the State Finance Commission.

Constitution of India: Legislative Powers of the Governor

Under the legislative powers mentioned in the constitution, the Governor calls upon the Houses or each House of the Legislature of State for a meeting at a time and place he deems fit. However, there should be a gap of six months between the last sitting in one session and the first in the next session. Article 174 (1) and (2) provide that the Governor may dissolve the Legislative Assembly and may prorogue either House or both the Houses. He also addresses the State Legislature and has the right to nominate one of the six members of the Legislative Council as per Article 171.

If the state legislature passes a bill, it must have the Governor’s assent to become a law. If it is not a money bill, he has the right to return it to the state legislature for reconsideration.

The Governor’s power to issue ordinance, which is analogous to that of the President, is the most important Legislative power. Article 213 says that the Governor may legislate by Ordinances immediately if he feels the need for it when the Legislature is not in the session. However, he must seek the President’s approval to issue an Ordinance. 

Final Legal Take Away Tip: Every Ordinance that the Governor issues must be presented before both Houses of the State Legislature and is valid only for six weeks. The Governor may, at his discretion, withdraw it before the expiry. It must be noted that under the Constitution of India, the Ordinance issued by the Governor is as valid as the one passed by a Legislature Act.
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