Laxmikanth Summary: Governor | Indian Polity for UPSC CSE PDF Download

Introduction

• Constitution provides for a Parliamentary form of Govt in the States as well.
• Part-Vl deals with government in States (except for J&K).
• Art 153 to 167 deal with State Executive consisting of governor, CM, Council of Ministers & advocate-general of the state.
• Governor is the chief executive Head of the State.
• Governor is a nominal head.
• Governor also acts as an agent of the Centre in the State.
• 7th Amd of 1956 allows for 1 Gov for more 2 or more States.

Appointment, Conditions & Term

• Governor is appointed by the President for a maximum term of 5 years.
• Governor serves at the pleasure of Prez, but is not subordinate to Centre.
• Gov can resign by handing resignation to Prez.
• Chief Justice of High Court administers the oath of office.
• Qualifications & Conditions :
• Should be a Citizen of or above the age of 35 years.
• Should not be Member of Leg or Parl. Such a person is deemed to have vacated her office when she enters upon her office as Governor.
• Should not hold office of profit.
• Entitled to use of Official Residence (Raj Bhawan).
• Entitled to emoluments, allowances as decided by Parliament.
• Emoluments cannot be diminished during the term of Office.
• Enjoys personal immunity from legal liability for official acts. Immune from criminal proceedings. Civil proceedings after 2 months notice.

Executive Powers

• All exec actions of State Govt is taken in the Gov’s name.
• Gov makes rules for authentication of such actions taken in his name.
• Makes rules for transaction of business and its allocation to ministers.
• Appoints CM & other ministers to serve at his pleasure.
• Appoints advocate general of the state to serve at his pleasure.
• Appoints state election commissioner.
• Appoints Chairman & members of State Public Service Commissions.
• Can seek info from CM on admin of State or legislation proposals.
• Can require CM to submit a Minister’s decision for consideration of CoM.
• Recommends imposition of Constitutional emergency to Prez in the State.
• Acts as Chancellor of State Universities & appoints Vice-chancellors.

Legislative Powers

• Gov can summon or prorogue State Leg & dissolve State Leg Assembly.
• Can address the State Leg at first session of term and every year.
• Can send messages to the House or houses regarding a pending bill.
• Can appoint any member to preside over a house meetings when the offices of Speaker/Chairman & Deputy Speaker/ Deputy Chairman fall vacant.
• Nominates 1/6th of Members in State LC from fields of art, lit., Sci, etc.
• Can nominate 1 member to State LA from Anglo-Indian Community.
• Decides on question of Disqualification in consultation with State EC.
• When a bill is sent to State Legislature, Governor can :
• Give assent to the Bill, OR
• Return Non-Money Bill for reconsideration only once to Leg, OR
• Reserve the Bill for consideration of Prez, if the bill endangers position of HC (reservation obligatory in this case), if Bill is Ultra-vires, opposed to DPSP, against larger interest of Country, deals with Art 31A.

Legislature Powers

• Can promulgate Ordinances when State Legislature is not in session. Ordinances must be approved by State Leg within 6 weeks of reassembly.
• Governor lays the reports of the State Finance Commission, SPSC, & CAG in front of the State Legislature.

Financial Powers

• Governor sees that the Annual Financial Statement is laid before State Leg.
• Money Bills can only be introduced with her prior recommendation.
• Demand for grants can only be made on her recommendation.
• Gov can make advances out of Contingency Fund of India to meet unforseen expenditure.
• Constitutes a Finance Commission every five years to review financial position of Panchayats and Municipalities.

Judicial Powers

• Can grant pardons, reprives, respites & Remissions of punishments or suspend, remit & commute the sentence against laws relating to matters to which exec powers of the State extends.
• Consulted by Prez while appointing judges of State HCs.
• Makes appointments, postings & promotions of District Judges in consultation with State HC.
• Appoints persons to Judicial Services of State in consultation with HC & SPSC.

Discretionary Powers

• Art 154 envisages the possibility of the Governor acting on discretion.
• The Constitution doesn’t make ministerial advice to Gov binding on her.
• Governor has Discretionary Powers on following matters :
• Reservation of Bill for consideration of Prez.
• Recommendation for imposition of President’s Rule in the State.
• While acting as the administrator of an adjoining UT (additional charge).
• Determining amount payable by certain State Govts to an Autonomous Tribal District Council as royalty for acquiring mineral exploration licence.
• Seeking info from CM on administrative and Legislative matters.
• Appointment of CM in a hung assembly or in case of sudden vacation of post.
• Dismissal of CoM when they cannot prove majority support.
• Dismissal of State LA when CoM has lost majority.
• Apart from these there are certain other State-specific matters on which Gov considers the CoM advice but acts finally on her own discretion.