Chapters :
  • STATE EXECUTIVE
  • The Governor
  • Powers and Functions of Governor
  • Executive Powers
  • Legislative Powers

LIBERAL INTELLECTUAL PRINCIPLES – 15

 STATE EXECUTIVE  The Governor The Governor is the constitutional head of the State. He also acts as an agent of the central government, thus he plays a dual role. However, this does not reduce the office of governor to a subordinate status under the central government. The office of governor is an independent constitutional office.  Qualification: To be eligible for the appointment to the office of governor, a person
  • Must be a citizen of India and
  • Must be over 35 years of age
 Appointment and Removal: The President appoints the governor in consultation with the Chief Minister of the concerned state. The governor is appointed for a term of five years but he holds office during the pleasure of President. He can resign his office by addressing to the President. The constitution does not provide a procedure for the removal of governor. Thus, the only option available is asking the governor to resign his office.  Salaries, Emoluments and Privileges: The Parliament determines the salary, emolument, allowances and other privileges of governor to be paid by the state government.  Immunities: The governor enjoys the following three immunities during his term in office.
  1. He is not answerable to any court for exercising his powers and discharging his duties.
  2. He cannot be arrested or imprisoned during his term in office
  3. No criminal proceedings can be instituted or continued against him during his term and civil proceedings can be started only with a prior two months notice.
Note: 1.  The governor is an agent of the central government. He is nominated by the central government and appointed by the President. The Chief Justice of High Court or in his absence, the senior-most judge of the state High Court administers oath of office to the governor. During the President’s rule in a state, the governor acts as an agent of the President.
Powers and Functions of Governor The governor enjoys a wide range of powers in analogous to the President. But unlike the President, he does not possess the military, diplomatic and emergency powers. The powers of the governor are grouped into four categories such as the executive, legislative, financial and judicial powers. Executive Powers:
  1. The governor is the executive head of the state. All the executive actions of the state government are taken in his name.
  2. He appoints the Chief Minister and the state council of ministers on the advice of the Chief Minister. In the states of Jharkhand, Chattisgarh, Odisha and Madhya Pradesh, there must be a minister appointed for the welfare of the tribal people.
  3. He appoints the Advocate General of the state and decides his remuneration. The Advocate General of the state holds office during the pleasure of governor.
  4. He appoints the State Election Commissioner.
  5. He can ask the Chief Minister for any information regarding the administration of the state and proposals for legislation.
  6. He can also necessitate the Chief Minister to submit a matter on which decision has been taken by a minister but not consulted with the Council of Ministers for their consideration.
  7. He can recommend the President for the imposition of constitutional emergency or the President’s rule in the state.
Legislative Powers:
  1. The Governor is an integral part of the state legislature.
  2. He nominates 1 member from the Anglo Indian community to the State Legislative Assembly.
  3. He nominates 1/6th of the members of the State Legislative Council from among the persons who have contributed to the fields of literature, science, art, social service and cooperative movements.
  4. He disqualifies the Members of Legislative Assembly(MLAs) in consultation with the Election Commissioner of India.
  5. He reserves the bills passed by the state legislature for the consideration of the President. The reservation is mandatory in the following cases.
  6. Bills that would danger the position of the High Court of the state.
  7. Bills that deal with matters of national importance.
  8. Bills that are opposed to DPSP.
  9. Bills that are against the provisions of the constitution.
  10. Bills that deal with matters that fall under article 31A.
  11. He places the following reports before the state legislature.
  12. The CAG reports related to the state.
  13. The reports of the State Public Service Commission(SPSC) and the Joint State Public Service Commission(JSPSC).
  14. The reports of the State Finance Commission.
Veto Powers: The governor has the veto power on the bills passed by the state legislature
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