Governor in Indian Polity (Part-I )

  • 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.

Appointment:

  • 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)
    1. 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).
    2. Should not hold any office of profit.
    3. Entitled to use of Raj Bhavan as official residence.( free)
    4. Emoluments: decided by Parliament
    5. Single person appointed to two or more states – President decides konsa state kitta kharcha uthayega.
    6. Emoluments (Salary etc) Kam nahi kar sakte post appointment.
  • Dismissal
    • 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:

  1. All executive actions of a state are taken under his name.
  2. Can make rules how Orders (& others) will be made & executed in his name. (kaise sign karenge decide kar sakte hain).
  3. Appoints CM & Other Ministers.
  4. Appoints Advocate general of state. ( Can dismiss him whenever he/she wants) (Also decides remuneration)
  5. Appoints state election commissioner
  6. Appoints chairman & members of RPSC.
  7. Acts as Chancellor of Universities in state & appoints Vice-Chancellor (VC) of universities.
  8. Can seek info from CM relating to bills/state mein kuch affair pe.
  9. 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.
  10. Can recommend imposition of emergency.

 

 

To be continued in: Part 2.

Please like:

[themencode-fb-page-widget page=”https://www.facebook.com/Rajras-1835370626603310″ width=”250″ height=”50″ hide_cover=”true” show_faces=”false” show_posts=”false”]