Governor of State Executive: Articles 153 to 167 in Part VI of the Constitution deal with the state executive. The State Executive consists of:
- the Governor,
- the Chief Minister,
- the Council of Ministers and
- the advocate general of the state.
The pattern of government in the state is similar to that of the Center.
The Governor of State Executive
The Governor, who serves as the state’s main executive officer, makes decisions based on recommendations from the Council of Ministers. The Governor serves as the formal executive leader, just like the President. According to the 7th Constitutional Amendment Act of 1956, a person may be appointed as the Governor of one or more states or the Lieutenant Governor of Union Territories instead of the customary one governor being appointed for each state.
Appointment Of The Governor in State
On the recommendation of the Union Council of Ministers, the President appoints the Governor. He is in office for a period of five years, but the President has the power to remove him early. It is possible to ask him to stay on till his replacement takes over. The President may also move him from one state to another. His pay and benefits come from the state’s consolidated fund.
Qualification For The Governor
- He must be a citizen of India.
- He must have completed 35 years of age.
- He must not hold any office of profit.
If a member of Parliament or state legislature is appointed as governor, his seat shall become vacant. A fresh election will be there for that vacant seat.
Immunities To The Governor
- Under Article 361 a Governor is not answerable to any court for the performance of the powers and duties of his office.
- No criminal proceedings can be initiated or continued in any form as long as the person holds the office of the Governor.
- In Civil cases no such immunity is available; the only respite is that the governor should be given a two-month prior notice before initiating any proceedings
- A court can’t issue an arrest warrant or order imprisonment of the governor, during his terms of office.
Powers And Functions Of The Governor
With a few exceptions and constraints, the Governor’s powers are comparable to those of the President. Certain discretionary powers granted to the Governor are not available to the President. The Governor of a state doesn’t enjoy military or diplomatic powers, however, he has:
- Executive Powers
- Legislative Powers
- Financial Powers
- Judicial powers
1. Executive Powers
Governor is the executive head of the state. All executive actions of the state government are taken in his name.
- He appoints the Chief Minister and, on his advice, other ministers.
- He appoints the Advocate General of the State and a member of the state Public Sector Committee. The advocate general holds office to the pleasure of the Governor.
- He appoints the chairman and members of the state public service commission.
- He appoints the state election commissioner and determines his conditions of service and tenure of office.
- He can require the chief minister to submit for the consideration of the council of ministers any matter on which a decision has to be considered.
- He acts as the chancellor of universities in the state.
2. Legislative Powers
- He can address, send messages, summon, and prorogue either house of the state legislature and can dissolve the legislative assembly of the state.
- He ensures the laying of the state’s Budget before the legislature.
- The introduction of the money bill requires his prior recommendations.
- He has the power to issue ordinances if the state legislature is not in session.
- Without his assent, no bill can become law.
- Under Article 200, the Governor of the state can reserve a bill passed by the state legislation for the consideration of the President.
- He nominates a member of the Anglo-Indian community to the state assembly.
- He nominates 1/6th of the total members of the Legislative Council.
- He is consulted by the President in the matter of appointment of Judges of the High Court of the state.
- Like President, the Governor also enjoys the power to grant:
- Remission of punishment
- Sentences in certain cases on which the state legislature has rights.
- In actuality, this authority is limited to situations where the state legislature has the authority to pass legislation. He lacks the authority to commute or commute the death penalty. (The Governor cannot decide on court martial matters because they are union matters.)
- Although it doesn’t have emergency powers per se, the government can inform the president if the state’s legal system breaks down.
- According to Article 356, the President may impose presidential control in the state based on the Governor’s report or without it.
- In the event that the state is placed under the president’s rule, the government assumes control of the administration and manages it with the help of civil servants.
The discretionary powers of the Governor are mentioned in Article 163 of the Constitution and in some other articles also.
- According to Article 163, there shall be a Council of Ministers to aid and advise the governor in the exercise of his functions except so far, he is required to exercise his discretion.
- The Article also states of any question arises, whether any matter is discretionary or not, the decision of the Governor in his discretion shall be final.
- Governor enjoys all the discretionary powers in the state as enjoyed by President at the center. Such as:
- In selecting a Chief Minister, if no party has the majority in the legislative assembly after the election.
- If the no-confidence motion is passed in the state Legislative Assembly after resigning the Council of Minister’s advice to dissolve the legislative assembly and conduct a fresh election, the governor is not bound to act on the advice of the defeated Council of Ministers.
- Governor can send back, the advice of the Council of Ministers for his reconsideration.
- The Governor of the state has discretionary power under Article 200 to reserve the bill passed by the state legislature for consideration by the President under Article 356.
- The Governor can report to the President about the failure of Constitutional machinery in the state and can invite the President to take over the Administration of the state.
- Under Article 371, the Governor of a certain state has been given special responsibility which is performed at their discretion such as:
- For the Governor of Maharashtra and Gujarat, it is regarding the special care for the development of the Vidarbha and Saurashtra region of the state.
- For the Governor of Nagaland, it is regarding maintenance of law and order as long as disturbance by the Nagas continues.
- For the Governor of Manipur, it is regarding securing the proper functioning of the committee of bill areas.
- For the Governor of Sikkim, it is for peace in the state and social and economical advancement of Discreet Sections.
Advocate General Of The State
- Like Attorney General at the center, Advocate General is the first legal officer of the state, having the qualifications to become a Judge of the High Court.
- He is appointed by the governor on the advice of the Council of Ministers of the state and holds office at the pleasure of the governor.
- He has the right to the ordinance in any court in the state.
- He has the right to attend and speak in the proceedings of either house of state legislature without any right to vote.
- His remuneration (retainer) is determined by the governor.
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