Governor

Question 1

State executive - Article, part and includes

Answer 1

Article - 153-167
Part - VI
Includes - Governor+ State COM+ CM+ AGS

Question 2

Who is governor?

Answer 2

Head of the state+ titular/ nominal executive

Question 3

Constitutional position of the governor?

Answer 3

•Article 153 - there shall be a governor for each state ( 7th CAA➡️ same person can be appointed as governor for two or more states)
•Article 154 - executive powers of the state shall be vested in the governor and shall be excercised directly or by offices subordinate to him
•Articlen163 - there shall be a COM headed by CM to aid and advice the governor except so far as he is required to excercise his function in his discretion
•Article 164 -COM shall be collectively responsible to SLA

Question 4

Election of the governor?

Answer 4

Not elected
He’s appointment by president by warrant under his hand and seal

Question 5

Appointment of governor is inspired from?

Answer 5

Canadian model

Question 6

Why appointed and not elected?

Answer 6

•he is just a nominal head
•conflicts between governor and CM of both were directly elected
•might not be a neutral person due to party politics

Question 7

Qualification?

Answer 7

In constitution: COI/completed the age of 35
Two convention: he should not belong to the state where he’s being appointed
President should consult the CM of the concerned state before appointment

Question 8

Conditions of office

Answer 8

Same as president and VP

Question 9

Immunities

Answer 9

Same as president

Question 10

Oath

Answer 10

CJ of the concerned HC or seniormost judge

Question 11

Emoluments?

Answer 11

Determined by parliamentary law (Governor’s emoluments Act, 1982)
Emoluments cannot be varied to his disadvantage after appointment
When the same person is appointed as the governor of 2 or more states ➡️ emoluments are shared among both states

Question 12

Term of office : tenure, resignation,removal, transfer

Answer 12

•tenure :holds office during the pleasure of the president ( not justifiable in court)
•usually 5 years( mentioned in the constitution)
•can hold office beyond 5 years until his successor assumes charges
•resignation: to president
•removal : at any time by president ➡️ on. advice of COM( grounds are not mentioned in the constitution)
•Transfer : president may transfer a Governor from one state to another for rest of the term

Question 13

What is done in case of contingency (vacancy)?

Answer 13

As per constitution, the president can make such provision as he thinks fit for the discharge of the function of governor in any contingency not provided for in the constitution
Eg - death of the governor ➡️ president may ask the CJ of the HC to temporarily discharge the function of the governor

Question 14

Veto power of the governor: article and comparison with president

Answer 14

Art - 200
Same as president except when Governor reserves the bill for the reconsideration of the president then he no more has a role in that bill as if president sends back the bill for reconsideration to SLA then after such reconsideration the bill goes back to president and not governor
Governor must reserve the bill for reconsideration which seeks to alter the power of the HC if became an act

Question 15

Pardoning power of governor - Article and comparison with president

Answer 15

Article: 161
President vs governer
President. Governor
1. Can PCRRR for any. 1. State law
Offence against central
Law
2. Sole authority to 2. Only CRRR
Pardo Death
sentence
3. Can grant PCRRR 3. No such pwr
against the punishment
Of court martial

Question 16

Ordinance making power: article and comparison with president

Answer 16

Article: 213
Same except one
President needs no instructions to make ordinance but governor cannot make ordinance without president’s instructions in these 3 cases:
•if a bill containing the same provision would have required the previous sanction of president for introduction in State legislature
•if he would have deemed it necessary to reserve the bill for president containing the same provision
•if an act of State legislature containing the same provision would have been invalid without receiving the parliamentary assent

Question 17

Discretionary powers of governor?

Answer 17

Article 163 allows the governor to act in his discretion.
He has constitutional as well as situational discretion unlike president

Question 18

Constitutional discretion of governor

Answer 18

•reservation of bill for consideration of the president
•recommemdation for the imposition of president rule
•while exercising his function as the administrator of an adjoining union territory
•seeking info from CM with regard to the administration and legislative matters
•determining the amount payable by the government of Assam, meghalaya, tripura and mizoram to an autonomous tribal council as royalty accuring from license fo mineral exploration

Question 19

Situational discretion of governor?

Answer 19

Same as president

Question 20

Any question regarding the discretion if governor

Answer 20

The constitution makes it clear if any question arises whether the matter falls within the governors discretion in not➡️ the governor’s decision is final and validity of anything done by him cannot be called in question that he ought or ought not to have acted in his discretion

Question 21

Constitutional position: president vs governer

Answer 21

1. Constitution envisages the possibility of the governor to act in his discretion but no such possibility for president
2. 42nd CAA - Advice of COm is binding on the president but no such provision for governor ( however governor is bound by the advice of COM as per various SC judgments)

Question 22

What are the issues with the governor’s office?

Answer 22

•Governor’s Political affiliations lead to his/her alleged partisan functioning.
•Lack of coordination between the elected government and appointed Governor.
• Mistrust due to frequent reservation of bills for the reconsideration of the President under Article 200.
•Delaying the assent to the resolutions passed by the state assemblies.
•Rejecting the recommendation of names to various posts by the states.