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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.

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Who appoints the Governor of a state?
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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.

Question for Laxmikanth Summary: Governor
Try yourself:What is one of the executive powers of the Governor mentioned in the text?
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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.
The document Laxmikanth Summary: Governor | Indian Polity for UPSC CSE is a part of the UPSC Course Indian Polity for UPSC CSE.
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FAQs on Laxmikanth Summary: Governor - Indian Polity for UPSC CSE

1. How is the Governor appointed in India?
Ans. The Governor is appointed by the President of India.
2. What are the conditions and terms of the Governor's office in India?
Ans. The Governor holds office for a term of five years. However, the Governor can be removed by the President before the completion of the term.
3. What are the executive powers of the Governor in India?
Ans. The Governor is the head of the state executive and has the power to appoint the Chief Minister and other ministers, issue ordinances, and give assent to bills passed by the state legislature.
4. What are the legislative powers of the Governor in India?
Ans. The Governor can summon, prorogue, and dissolve the state legislature. The Governor also has the power to address and send messages to the state legislature.
5. What are the financial powers of the Governor in India?
Ans. The Governor has the power to lay before the state legislature the annual financial statement and supplementary, additional or excess grants. The Governor also has the power to make advances out of the Contingency Fund of the state.
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