- Dealt in: Part VI of Constitution. (Deals with government in states, not applicable in J&K).
- State Executive includes:
- The Governor
- Chief Minister
- Council of Ministers
- Advocate General of State.
- No office of Vice-governor.
- Governor: Dual Role
- Nominal Executive head (Constitutional Head)
- Agent of the Central Government
- 7th Constitutional Amendment 1956(CA): Allowed appointment of same person as governor for two or more states.
- Appointed by President by warrant under his hand and seal.
- No election. Why? Various reasons:
- Incompatible with Parliamentary System (CM & Gov agar dono elect hoke aayenge, toh they shall become competitive for power. Not good for state).
- Governor is only Constitutional head. Therefore, no point in doing so much expense for getting a signing authority.
- Allows Center to maintain control over state.
- Allows for neutrality & impartial head.
- No governor election: Canadian Model, followed by India.
- Conditions required for appointment:
- Citizen of India
- 35+ years age.
- Remember: No other condition
- Conventions (Not rule, but generally followed)
- Does not belong to state ( Example: Kalyan Singh in Rajasthan)
- President consults Chief Minister before appointment.
- Conditions for Governor’s office: in Constitution (6 Only)
- Should not be member of Parliament/Legislative assembly. If he/she is member then deemed to vacate the seat in the house. ( Resignation from house maan liya jata hain).
- Should not hold any office of profit.
- Entitled to use of Raj Bhavan as official residence.( free)
- Emoluments: decided by Parliament
- Single person appointed to two or more states – President decides konsa state kitta kharcha uthayega.
- Emoluments (Salary etc) Kam nahi kar sakte post appointment.
- Anytime, based on pleasure of President. (Non-Justiciable: Court ke pass bhi nahi jaa sakte ki bina reason hata diya)
- But President na kare toh, 5 years from date of entering to office.
- Can be reappointed/transferred.
- Trivia: When Central Gov. changes opposition party governors resign so that center apni pasand ke appoint kar sake. (No rule, parties ki internal setting :P)
- There cannot be any interregnume. (Governor can hold office beyond 5 years until his successor assumes charge).
- When governor absent: Chief Justice can act as temporary This also President will do.
Powers & Functions of Governor:
Can be placed under 4 categories: Executive, Legislative, Financial & Judicial powers.
Executive Powers & Functions:
- All executive actions of a state are taken under his name.
- Can make rules how Orders (& others) will be made & executed in his name. (kaise sign karenge decide kar sakte hain).
- Appoints CM & Other Ministers.
- Appoints Advocate general of state. ( Can dismiss him whenever he/she wants) (Also decides remuneration)
- Appoints state election commissioner
- Appoints chairman & members of RPSC.
- Acts as Chancellor of Universities in state & appoints Vice-Chancellor (VC) of universities.
- Can seek info from CM relating to bills/state mein kuch affair pe.
- Can require CM to submit to council of ministers any decision jo minister ne akele liya ho and baaki council ne consider nahi kiya ho.
- Can recommend imposition of emergency.
To be continued in: Part 2.