The Constitution of Jammu & Kashmir, read with the
Constitution of India, defines the Constitutional position of the Governor of
Jammu & Kashmir.
The Governor is the Head of the State and is appointed by the
President of India through a Warrant under his hand and seal to hold office
for a term of five years from the date on which he enters upon his Office,
subject to the pleasure of the President. Notwithstanding the expiration of
his term, however, he is bound to continue to hold Office until his
successor enters upon his Office.
The Governor cannot hold any other office of profit. His
emoluments, allowances and privileges, contained in the IInd SCHEDULE of the
Constitution of Jammu and Kashmir, cannot be diminished during his term of
Before entering upon his office, the Governor has to
make and subscribe, in the presence of the Chief justice of the Jammu and
Kashmir High Court or, in his absence, the senior most Judge of the High
Court available, an Oath or Affirmation.
d) The executive power of the State is vested in the Governor and is
exercised by him either directly or through officers subordinate to him in
accordance with the Constitution of Jammu and Kashmir.
e) The Governor, custodian of all executive powers under the Jammu and
Kashmir Constitution, exercises his formal Constitutional powers only upon
and in accordance with the advice of the Council of Ministers with the Chief
Minister at its head, save in certain well known exceptional situations,
(i) Choice or appointment of Chief Minister, though restricted by the
paramount consideration that he should command majority of the members
of the Legislative Assembly.
(ii) Dismissal of the Government which has lost its majority in the
Legislative Assembly but refuses to quit office.
(iii) Dissolution of the House, although this must also be done on the
advice of Chief Minister who has eventually to take the responsibility
for the step.
(iv) Proclamation of Governorís Rule in the State under Section 92 of
the Constitution of Jammu and Kashmir in the event of failure of the
Constitutional machinery. (The Legislative Assembly in such an event may
either be kept in a state of suspended animation or dissolved)
ii. Functions and Powers of the Governor
(a) The Governor has 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.
(b) The Governor appoints the Chief Minister. Other Ministers including
Ministers of State and Deputy Ministers are also appointed by the Governor
but on the advice of the Chief Minister. The Ministers and the Deputy
Ministers hold office only during the pleasure of the Governor.
(c) The Governor or any person authorized by him administers the oaths of
office and secrecy to Ministers before they enter upon their offices.
(d) The Governor appoints the Advocate General for the State from among
(e) The Governor makes rules for the more convenient transaction of business
of the government of the State and for the allocation among Ministers of the
(f) The Governor may, if he is of the opinion that women are not
adequately represented in the Assembly, nominate not more than two women to
be Members of the Legislative Assembly. The convention is to do so on the
advice of the Chief Minister.
(g) The Governor can nominate 8 members to the State Legislative Council,
not more than three of whom are to be persons belonging to any of the
Socially or Economically Backward Classes in the State and the others shall
be persons having special knowledge or practical experience in respect of
matters such as literature, science, art, co-operative movement and social
(h) The Governor summons from time to time each House of the Legislature to
meet at such time and place as he thinks fit. The Governor from time to time
prorogues the Houses or either House. He can also dissolve the Legislative
Assembly on the advice of the Chief Minister who is still commanding a
majority in the Assembly.
(i) The Governor addresses either House of Legislature or both Houses
assembled together and may for that purpose require the attendance of
Members. The Governor may send messages to either House whether with respect
to a Bill then pending in the Legislature or otherwise, and a House to which
any message is so sent, shall with all convenient dispatch, consider any
matter required by the message to be taken into consideration.
(j) At the commencement of the first session after each general
election to the Legislative Assembly and at the commencement of the first
session each year, the Governor addresses both Houses of the Legislature
assembled together and inform the Legislature of the causes of its summons.
(k) The Governor or some person appointed by him administers an oath of
affirmation to every Member of the Legislative Assembly or Legislative
Council before he takes seat in the House.
(l) The Governor recommends introduction of a Money Bill in and
its consideration by the
State Legislature, without which such Bill cannot be introduced.
(m) The Governor accords Assent to a Bill after it has been passed by both
the Houses of the Legislature before it comes into effect.
(n) The Governor causes to be laid before both Houses of the
Legislature, a statement of the estimated receipts and expenditure of
the State in respect of every financial year, as also another statement
showing estimated amount of additional or supplementary expenditure on
(o) The Governor can also make rules governing procedure in respect of
communications between the two Houses of the Legislature in consultation with
the Speaker of the Legislative Assembly and the Chairman of the Legislative
(p) If at any time, except when both Houses of the Legislature are in
session, the Governor is satisfied that circumstances exist which render it
necessary for him to take immediate action, he may promulgate such Ordinance
as the circumstances appear to him to require, provided that the power of
making an Ordinance shall extend only to those matters with respect to which
the Legislature has power to make laws. Such an Ordinance has the same force
and effect as an Act of the Legislature assented to by the Governor; but
every such Ordinance has to be laid before both Houses of Legislature and
ceases to operate at the expiration of six weeks from the re-assembly of the
Legislature or if, before the expiration of that period, a resolution
disapproving it is passed by the Legislative Assembly and agreed to by the
Legislative Council. The Governor can, however, withdraw the Ordinance at
(q) If at any time the Governor is satisfied that a situation has arisen in
which the Government of the State cannot be carried on in accordance with
the provisions of the Constitution, the Governor can by proclamation in a
(i) assume to himself all or any of the function of the Government
of the State and all or any of the powers vested in or exercisable by
anybody or authority in the State; and
(ii) make such incidental and consequential provisions as appear to the Governor
to be necessary or desirable for giving effect to the objects of the
Proclamation, including provisions for suspending in whole or in part the
operations of any provision of the State Constitution relating to anybody or
authority in the State.
(r) However, this Proclamation has to be issued with the concurrence
of the President of India. Any such Proclamation, except where it is a
proclamation revoking a previous Proclamation, ceases to operate on the
expiration of six months from the date it is first issued.
(s) If the Governor by Proclamation assumes to himself any of the powers of
the Legislature to make laws, any law made by him in the exercise of that
powers, subject to the terms thereof, continues to have effect until two
years have elapsed from the date on which the Proclamation ceases to have
effect, unless sooner repealed or re-enacted by an Act of the Legislature.
(t) Every Proclamation so made except where it is a Proclamation
revoking a previous Proclamation, has to be laid before each House of the
Legislature, as soon as it is convened.
(u) Appointment of Judges of the High Court is done by the President of
India in consultation with the Governor.
(v) The Governor administers oath or affirmation to every person appointed
to be a Judge of the High Court before he enters upon his office. He may,
however, authorize the Chief Justice to do so in case of other Judges.
(w) The Governor receives a report on the work done by the Public Service
Commission and he causes a copy thereof together with a memorandum
explaining, as respects the cases, if any, where the advice of the
Commission was not accepted, the reasons for such non-acceptance, laid
before the Legislature.
(x) All executive actions of the Government of Jammu and Kashmir are to be
expressed to be taken in the name of the Governor or of the Government of
Jammu and Kashmir. Orders and other instruments made and executed in the
name of the Governor or of the Government of Jammu and Kashmir are to be
authenticated in such manner as may be specified in the rules made by the
(y) The President of India may make such provisions as he thinks fit for the
discharge of functions of the Governor on any contingency not provided for
in the Constitution.
iii. Other Roles & Positions of the Governor J&K
Governor J&K is the Chairman of the Shri Mata Vaishno Devi Shrine Board and
Shri Amarnathji Shrine Board.
Governor J&K is the ex-Officio Chancellor of following Universities in the
University of Kashmir, Srinagar.
University of Jammu, Jammu.
Sher-i-Kashmir University of Agricultural Sciences and Technology, Kashmir,
iv) Sher-i-Kashmir University of Agricultural Sciences and Technology,
Shri Mata Vaishno Devi University, (SMVDU) Katra, Jammu.
(c) In his capacity as Chancellor, he is the Chairman of the University
Councils of these Universities (except SMVDU). The powers of the
Chancellor are derived from the University Acts and Statutes prepared there
(d) The Governor J&K is the ex-officio President of the Rajya Sainik Board.
(e) The Governor is the ex-officio President of the J&K Branch of the Indian
Red Cross Society. In this capacity, he is also the Chairman of the Managing
Committee of the Jammu and Kashmir Branch of the Red Cross Society. He
derives powers from the Constitution of the J&K Branch of the Red Cross
(f) The Governor is the Patron of the Jammu and Kashmir Academy of
Art, Culture and Languages.
(g) The Governor is the Chairman of the Institute of Kashmir Studies,
University of Kashmir.
(h) Majority of the shares of the J&K State in the government owned corporations are
held in the name of the Governor. However, the Governor discharges his
responsibility as a Share-holder through proxies.
(i) The Governor is the Appointing Authority for the Chairman and Members of
the following important Bodies.
Jammu & Kashmir Public Service Commission.
Jammu & Kashmir State Information Commission.
Jammu & Kashmir Human Rights Commission.
Jammu & Kashmir Accountability Commission.
Jammu & Kashmir Vigilance Commission.
iv. Constitutional Protection of Governor J&K
a) The Governor is not answerable to any Court for the exercise and
performance of the powers and duties of his office or for any act done or
purporting to be done by him in the exercise and performance of those powers
that it shall not restrict the right of any person to bring
appropriate proceedings against the Government.
criminal proceedings whatsoever shall be instituted or continued against the
Governor in any court during his term of office.
No process for the arrest or imprisonment of the Governor shall
issue from any court during his term of office.
No civil proceedings in which relief is claimed against the Governor
shall be instituted during his term of office in any court in respect of any
act done or purporting to be done by him in his personal capacity.