The post of Governor is very important in the state, the Governor has a lot of rights and powers, here it is also necessary to tell from which country the post of Governor has been taken – the post of Governor has been taken from Canada. Further in this entire post, you will also learn about the election of the Governor, powers and various committees.
State executive
The Constitution of India has a system of federal government, in which there are separate systems for the administration of the states, apart from the union and its units, the constitution has provisions for both.
Articles 153 to 167 of the sixth part 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.
Just as the executive power of the Union is vested in the President, similarly the executive power of the State is vested in the Governor.
Parliamentary governance system has been adopted in the Indian state of federal governance, on the one hand, for the unity and integrity of the nation, a dual role of the Governor has been made so that he acts as the formal president of the state as well as the representative of the Centre. do |
Governor
Article 153 mentions that each state will have one Governor but one person can also be appointed Governor of two or more states (as per the 7th Constitutional Amendment Act 1958).
According to Article 154(1), the executive power of the state will be vested in the Governor and he will exercise it himself or through his subordinate officers.
Governor's qualifications
According to Article 157, the following qualifications have been prescribed for appointing a person as Governor
He should be a citizen of India.
Must have completed 35 years of age there.
Term of office of governor
Generally, the tenure of the governor is for a period of 15 to 5 years.
According to Article 153, the Governor will hold office during the pleasure of the President, that is, he can be removed from the post by the President even before 5 years or he can resign.
The governor of the state is not elected, he is appointed by the President.
Even after the expiry of his term of office, the Governor will continue to hold office until his successor assumes office.
The President can transfer the Governor from one state to another where he will serve for the remaining term.
Under Article 156(2), the Governor can resign by writing under his signature addressed to the President.
The Constitution is silent on the basis on which the President can remove the Governor. There is also no restriction on appointing the Governor more than once.
Oath
Article 159 mentions that the Governor takes an oath to preserve, protect and defend the Constitution and the law before the Chief Justice of the High Court or, in his absence, the senior most judge of that court.
Pay and allowances
The Governor shall be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law. Article 158(3)
If a person is appointed as the Governor of two or more states, then under Article 158 (3) (A), the President will allocate the salary and allowances between those states in a fixed proportion by order. was done.
Immunity or protection
The Governor has the following immunities and protection under Article 361:
No criminal proceedings of any kind will be taken against the Governor in any court during his term of office.
No order for his arrest or imprisonment will be issued during the tenure of the Governor.
Civil action can be taken against the Governor in his personal capacity, but it is necessary to inform him before 2 months.
Terms of office of the governor
The terms of office of the Governor are mentioned in Article 158.
The Governor shall not be a member of the State Legislature, a member of the Parliament, if he is a member, his seat shall be considered vacant from the Parliament or the State Legislature from the date of appointment.
The Governor should not hold any other office of profit.
The emoluments and allowances of the Governor shall not be curtailed during his term of office.
Discretionary powers of the governor
On the basis of the discretionary powers of the Governor, the actual role of the Governor can be discussed. In fact, till now the Governor has used two types of discretionary powers.
Discretionary powers clearly conferred by the Constitution
Article 371 (A) to 1 provides discretionary powers to the Governor of Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa.
Under Article 200, the Governor can reserve a bill for the President and the Governor can return any bill for reconsideration except the Money Bill.
If the governance in the state is not conducted as per the constitutional provisions, then the Governor can recommend the governance to the President under Article 356.
Discretionary powers arising from circumstances
The discretionary powers are available to the governor only in certain special circumstances, these special circumstances can be the following –
No single party should get a clear majority in the Assembly.
Some members of the party which is in government may be removed from that party and join some other party and the existence of that government may be in danger.
Having a mixed government and maintaining internal divisions within it.
There has been a threat to peace and order in the state etc.
Role of governor
The makers of the Indian Constitution wanted to adopt a parliamentary system of governance in the states equal to the Centre, and also wanted to maintain central control over the states for the unity and integrity of the nation.
Therefore, the framers of the Constitution adopted the dual role of the Governor, hence emphasis was laid on adopting an independent parliamentary system in the state like the Centre.
On the other hand, central control over the states was ensured for the unity and integrity of the state.
For the above reasons, provision for the dual role of the Governor in the Indian political system was made by the framers of the Constitution.
On one hand, the Governor is the formal president of the state and on the other hand, he is also the representative of the Centre.
The framers of the Constitution expected from the post of Governor that under normal circumstances he would act as the formal head of the state and act as per the advice of the Council of Ministers.
The Governor will use his discretionary power in special circumstances.
The governor will use his discretionary power according to the provisions of the constitution for the unity and integrity, but in practical politics, the governor misused his discretionary power.
Why is the Governor not elected?
The Constitution of India has provided for the appointment of the Governor, the main reasons for adopting the method of appointing the Governor by the Constitution were –
Direct election of the Governor will create a difficult problem of leadership before the general election.
Under the parliamentary governance system accepted for the states, the system of elected Governor would prove to be completely inconsistent because if there is an elected head, a situation of conflict would arise between the Governor and the Cabinet because the Cabinet is also elected by the public and is its representative.
In view of the partition of the country and the various social and economic problems arising due to it, the framers of the constitution thought of making the union stronger than the states to protect the independence and integrity of the country.
The governor elected directly or indirectly by the people of the state acts as the head of the state and not as the representative of the federal government, while the framers of the constitution wanted the governor to act as the representative or agent of the union in certain circumstances, therefore Keeping all these circumstances in mind, arrangements were made for the appointment of the Governor by the President.
The role of the governor in the political situation of the state is that of an independent and impartial president and judge. If the arrangement is made for the governor to be elected by the public or the Legislature, then probably the governor would be a resident of the same state and there is a lot of apprehension about this. Was That the Governor himself would have become a victim of factionalism and factionalism. Therefore, the adoption of the system of a nominated Governor instead of an elected head was a right and important step taken by the Constitution makers because with this the Governor can discharge the role of an independent and impartial arbiter more efficiently.
Situational discretionary powers of the Governor
Circumstantial discretionary powers are as follows
Chief Minister's appointment
The Governor appoints the Chief Minister [Article 164(1)] According to a constitutional provision, the Governor will appoint the leaders of the majority party as the Chief Minister. But when no party has got a clear majority, then the Governor has arbitrarily appointed the Chief Minister. In many cases, the Governor has misused discretionary power by appointing the leader of the approved party as Chief Minister, ignoring the majority party. Example
In the year 1967, Rajasthan Governor Sampurnanand invited Congress despite United Front getting more seats than Congress.
In the year 1982, ignoring the majority party in Haryana, the Governor administered the oath of office to the leader of the minority party as the Chief Minister.
In 2005, after the elections to the Bihar Legislative Assembly, Buta Sey bypassed the largest party NDA and administered the oath of Chief Minister to Janata Dal leader Lalu Prasad Yadav in the state, who could not prove his majority in the assembly.
Chief Minister's resignation
In the year 1997, Governor of Uttar Pradesh Romesh Bhandari removed the majority Chief Minister Kalyan Singh and administered the oath of Chief Minister to the minority Jagdambika Pal.
Similarly, Goa Governor SC Jamir dismissed the government of Chief Minister Manohar Parrikar BJP on 2 February 2005 and administered the oath of office to Pratap Singh Rane of Congress as the Chief Minister.
Allow time for vote of confidence
Jharkhand Governor Syed Sibte Razi gave a long time to Jharkhand Mukti Morcha leader Shibu Soren, which was criticized by the Supreme Court.
Many times the Governor suddenly asked the Chief Minister to prove his majority within 24 hours, this also does not seem appropriate. In this way the Governor has misused his discretionary power.
Right to dissolve the assembly
According to Article 174(2) of the Constitution, the Governor can from time to time prorogue any House or dissolve the Legislative Assembly, but in this regard there is an opportunity to exercise discretion.
When the government has remained in minority due to party change or any other reason, there have been many such occasions in Indian politics when the Governor has taken advantage of this situation and dissolved the Assembly without the recommendation of the Chief Minister.
Just as in the year 1976, the Governor of Tamil Nadu had dissolved the Tamil Nadu Assembly in consultation with the Chief Minister, in the year 1989, the Governor of Karnataka, Vaikat Suvaiah, misused his power to impose President's rule by dissolving the Assembly without consulting the Chief Minister Bommai.
Recommendation of president's rule
According to Article 356, if the state government does not run according to the provisions of the constitution, then the governor can recommend President's rule. For example, in May 2005, Bihar Governor Buta Singh asked the NDA, which was the largest party, to form the government. Not invited but Lalu Yadav (RJD) was invited.
Reservation of legislators for the president
The Governor can reserve for the President MLAs who influence Centre-State relations (Article 200). But this discretion has been used many times by the Governor to influence the actions of the State Government at the behest of the Central Government.
Allowing a case to be filed against the Chief Minister
According to the constitution, a case cannot be filed against the Chief Minister without the permission of the Governor. In the year 1995, it became clear from the 'Jayalalitha episode' that when a party can take a decision in this regard on the basis of corruption or any allegations, that means it can give permission or not.
At present, when there are allegations of corruption against many Chief Ministers, then this power of the Governor acquires a lot of importance in practical politics. But the decision taken on the basis of the discretion of the Governor can be challenged in the High Court or the Supreme Court. The Governor has also misused this discretionary power many times.
Legislative powers of the Governor
The Governor is not a member of the Legislature, but like the President, he is also a part of the Legislature. The Governor is related to the powers of the Legislature and he has many types of statutory powers, the main ones being the following –
He can summon or prorogue or dissolve the session of the State Legislature, there is a constitutional restriction on the power of the Governor to convene a session and that is, there should be a gap of more than 6 months between the last date of the first session and the first date of the next session. Time has not elapsed.
He can give speech in both the Houses of the Legislature and send messages to them.
Every year the session of the Legislature begins with the speech of the Governor, in which the policy of the state is described.
A bill passed by the State Legislature cannot become law until the Governor gives his assent. The Governor cannot refuse to give assent to Money Bills, but can send back Ordinary Bills for reconsideration. If the Legislature passes the Ordinary Bill again, then the Governor has to give his assent. can reserve for
The Governor can nominate 66 members of the Upper House (Legislative Council) of the State Legislature, who are associated with the arts, literature, science, social service and cooperation of the state.
The Governor also has the right to issue an ordinance. When the Legislature is not in session and an extraordinary situation has arisen for which there is no law to meet it, then the Governor can issue an ordinance.
The ordinance can be implemented in the same way as the law made by the Legislature, but this ordinance cannot remain in force after 6 weeks after the commencement of the meeting of the Legislature. The Governor has complete freedom to issue ordinances and use this power. cannot be challenged in any court.
The State Public Service Commission and the Auditor General send their annual reports to the Governor and the Governor places these reports before the Legislature.
The Governor can ask any member to preside over the Legislative Council if the post of Chairman and Deputy Chairman of the Legislative Council is vacant.
If there is any dispute regarding the disqualification of a member of the Legislature, then it is decided by the Governor and his decision is final, but before taking the decision, it is necessary for the Governor to consult the Election Commission.
Executive powers of the governor
The Governor gets executive, legislative, legal and judicial powers as per the President.
But the Governor does not have diplomatic, military or emergency powers like the President.
The powers and functions of the Governor are divided into executive, legislative, financial and judicial areas.
Executive powers
According to Article 154 of the Constitution, the executive powers of the nation state have been vested in the Governor, which he exercises either directly or through the employees under him. The Governor has the following executive powers –
The entire governance of the state is run in the name of the governor, he governs all those subjects in respect of which the state legislature has the right to make laws.
The Governor appoints the Chief Minister and appoints other ministers on his advice. The Ministers and the Advocate General hold office during the pleasure of the Governor. He appoints the Chairman and other members of the State Public Service Commission but not the members of other Public Service Commissions. The members of the Commission can be removed by the President only on the report of the Supreme Court and in case of certain disqualifications. (Article 217)
Ministers remain on their posts till the pleasure of the Governor. The Governor can remove any minister in consultation with the Chief Minister.
He makes rules to run the work of governance conveniently and to distribute that work among the ministers.
He appoints the Advocate General of the State and the Chairman and other members of the State Public Service Commission.
Other officers of the state are appointed by the governor only.
The Governor can send back any decision of the Minister to the Council of Ministers for consideration.
He can get any information about administration from the Chief Minister
The Governor can appoint a member of the Anglo-Indian community to the State Assembly. (Article 333)
The Governor of Assam has been given the right to take special care of the Scheduled Tribes.
The Governor does not have the power to appoint the judges of the High Court of the State, but the President consults him on this subject. [Article 217(1)]
When the governor feels that such a situation has arisen in the state that the administration of the state is not being run according to democratic traditions and sends his report to the President, but on the declaration of constitutional crisis by the President, he can control the state according to the order of the President. Runs the government. (Article 356)
The governor is the chancellor of the universities of the state and also appoints the vice-chancellors, but the governor does not have such external power to face the circumstances arising out of external aggression or armed rebellion as the President has. [Article 352 (1)]
Judicial powers and financial powers of the Governor
Financial powers
Following are the financial powers and functions of the Governor
No money bill can be introduced in the Vidhansabha without the recommendation of the Governor, that is, the demand for money from the Vidhansabha can be made only on the recommendation of the Governor.
The annual budget is presented by the governor in the assembly by the finance minister; no budget grant demand can be presented without the permission of the governor.
The Governor has control over the Contingency Fund of the State, if there is a need in times of crisis, then the Governor spends in it as per the requirement and after that takes its approval from the State Legislature.
He constitutes the Finance Commission to review the financial condition of Panchayats and Municipalities after every 5 years.
Judicial powers of the governor
The Governor has the following judicial powers
The appointment and promotion of District Judges is done by the Governor.
If the Governor thinks that any court has more work, then he appoints more judges as per the requirement.
The governor can forgive, reduce and suspend for some time the punishment of that criminal, who has been punished for the offense against the law of the state. He cannot exercise this right in those subjects which are under the executive of the Union Government. The Governor can also exercise this power before, during or after the commencement of the trial.
Major commissions and their recommendations on the appointment and role of the Governor
Administrative Reforms Commission (1966)
That person should be appointed to the post of Governor who has experience in public life and administration and who keeps himself free from party prejudices.
The powers to be exercised by the Governor under his discretion should be adequately explained.
The Chief Minister of the concerned State should be consulted regarding the appointment of the State.
If the Governor is satisfied that the Cabinet does not have the support of the Assembly, then he should ask the Chief Minister to prove majority in the Assembly. If the Chief Minister is reluctant in this regard and does not recommend making the Assembly stricter, then the Governor should The situation should be clarified by calling a session of the Assembly itself.
Bhagwan Sahay Committee (1970)
In 1970, a committee was constituted under the chairmanship of the then Governor of Jammu and Kashmir, Shri Bhagwan Sahay, whose main recommendations were as follows –
A person who is not a member of the Legislative Assembly or who has been nominated to the Legislative Assembly should act as the Chief Minister and not as an agent of the President.
If the support of the Council of Ministers in the Assembly is doubtful and the Chief Minister is reluctant to call a session of the Assembly, then the Governor should immediately dismiss the Cabinet.
Only if after the resignation or dismissal of the Chief Minister, all possibilities of forming an alternative government in the state have diminished, then only the Governor should dissolve the Assembly and recommend to the President to impose President's rule in the state.
Rajamannar Committee (1969)
The appointment of the Governor should always be done in consultation with the Chief Minister of the concerned state.
The Governor should be removed only after a Supreme Court inquiry on the basis of proven misbehavior or incompetence.
This constitutional provision that “The Council of Ministers shall hold office during the pleasure of the Governor” should be immediately repealed.
A person who has served on the post of Governor should not be re-employed under the Central or State Government.
If no one party gets a clear majority in the assembly, then the governor should call the session of the assembly and the person elected by majority in the session should be appointed as the chief minister.
Sarkaria Commission (1983)
The person to be appointed to the post of Governor should be famous in some field of life.
Before the appointment of the Governor, the Chief Minister of the concerned state must be consulted.
Such a person should belong to some other state.
The person should not have participated much in politics, especially in the politics of that state.
In a state where the opposition party is in power, no person from the ruling party at the Center should be appointed as the Governor.