governor Flashcards
which articles deal with the state executive?
state executive (governor, cm, council of ministers, advocate general)
A153 to A167
the governor
dual role: agent of centre, nominal executive head
A153.
india follows the canadian model, not the american model where governors are directly elected
which part of the const deals with state governments?
part 6, a 163 and 164 deal with parliamentary system at state level
how is the governor appointed?
via the president’s warrant under their seal and hand.
a155
why is the G not directly/indirectly?
- avoid conflicts with the CM
- incompatible with parliamentary system
- for centre to control state
- ensure political impartiality and continuity and deal with separatist tendencies
- prevent chaos post general election
term?
- a156: 5 years, holds office during P’s pleasure.
can govern two or more states (7th amendment), can also be transferred during his tenure. - in the Surya Narain case of 1982, SC said presdent’s pleasure is not unquestionable
- reappointment possible
qualification?
a157
1. citizen of india, must’ve completed 35 years of age
2. must be an outsider, have no knowledge of local politics
3. CM must be consulted [sarkaria and punchhi commission]
conditions?
a158
1. not a member of central or state legislature
2. EAP as fixed by parliament: two or more states, then salary proportion payable by state decided by P
3. E cannot be reduced during tenure
4. no office of profit
5. Raj Bhawan without rent
6. liabilities similar to that of president
oath?
a159
1. protect, preserve, defend the consti and law
2. execute duties of office faithfully
3. serve the ppl and ensure their well being
4. administered by the chief justice of the state, or the senior most judge of high court
executive functions?
- all exec action by state taken under their name
- they devise rules of authentication for all the exec tools, etc under their name
- tribal welfare commission for jharkhand, MO, odisha and chattisgarh 996th Amendment removed bihar from purview)
- appoints the advocate general and their renumeration, pleasure during G’s office
- appoints members of state public commission, but they can only be removed by president
- recommends imposition of proclamation of emergency
- can check on administration and ask for legislative proposals from CM
- can ask CM to submit a matter on which the council has not deliberated upon
- appoints the chief elec commissioner and decides their tenure and renumeration, can be removed only through process similar to HC Judge
- convenient transaction of business, and division of such business between ministers
- vice chancellors of univs: acts or appoints
legislative functions?
financial functions?
- causes to be laid in front of sla the state annual budget
- appoints state FC every 5 years
- grants can be made only on rec of G
- can make advances out of state contingency funds to address unforeseen circumstances
- money bills can be introduced only on prior rec of G
pardoning powers?
A161
1. cannot do anything about a sentence/punishment by a court martial
2. can only suspend, remit and commute a death sentence, cannot provide pardon, reprieve, respite.
3. can provide pardon, respite, remit, reprieve, remission, suspend and commute a sentence/pardon for offense against state law
ordinance making power?
A-213
1. can promulgate an ordinance only when satisfied that situation demands it
2. can take back an OD anytime
3. OD is similar in effect to an act of state legislature and subject to the same limitations
4. OD can only be made on subjects under the purview of the state legislature
5. OD can be promulgated only when one or both houses are not in session
6. OD is not a discretionary power and G can make and take back ODs only on the advice of CM & Council of Ministers
7. OD must be passed by SLA and SLC within 6 weeks of its reassembly
veto powers?
A 200
when bill (not money bill) is passed by the sl, G can:
1. give assent, bill then becomes an act
2. withhold assent
3. can send back for reconsideration of sl. if s passes it again, binding on the G to give assent
4. A201: can reserve for consideration of president (compulsory if the bill puts postion of HC in jeopardy) in the following cases:
a. ultra vires: constituinally unlawaful
b. violates dpsp
c. against larger national interest
d. of grave national importance
e. dealing with compulsory accquisition of property under A 31A
