Context:

Nagaland Governor has expressed his concern over the deteriorating law and order situation in the state.

Special powers of Nagaland’s Governor

• In respect of Nagaland, the Governor has special responsibility under Article 371 A of the Constitution.
• Article 371A (1) (b), which applies exclusively to Nagaland, bestows upon the governor “special responsibility with respect to law and order for so long as in his opinion internal disturbances occurring in Naga Hills-Tuensang Area immediately before the formation of that State continue therein or in any part thereof”.
• According to the provision, the Governor, for all practical purposes, has the final say on all matters related to the state’s law and order and on what constitutes law and order.
• In the discharge of his functions, the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken.

Powers of the Governor of State

• The Governor is the chief executive of a State in India.
• Article 166(3) also gives powers to the Governor to allocate business of government among the ministers.

• Financial Power
  • The Governor causes the Annual Financial Statement (Budget) to be laid before the State Legislature. No Money Bill can be introduced in the State Legislature without the recommendation of the Governor.
  • The Governor constitutes the State Finance Commission after every five years to make recommendations on the distribution of revenues between the state and the local government (PRI and Municipalities).

• Judicial Powers:
  • To grant pardons, commute, remit, respite and reprieve any sentence given to a person for an offense against a law that comes under the executive power of the state, except the power to pardon death sentences and sentences spelled out by martial courts.
  • Governor will not have the power to seek advice from the High Court.

• Discretionary Powers: 
  • To recommend the president about the failure of the constitutional machinery in the state.
  • To reserve a bill passed by the state legislature for president’s assent.
  • Appointment of CM in case of a hung assembly.