State And Governor Flashcards
Governor
There is no vice governor
The governor is the chief executive had of the state
It is based on the Canadian model
The part VI (6) of the constitution deals with the state executive
Article 153 to 167 lays down details of the governor’s office
The state executive consists of the governor, the CM, the council of ministers, and the advocate general of the state.
Appointment of the governor
He is the nominal executive had and also acts as an agent of the central government playing a dual role
According to the 7th constitutional amendment of 1956 a governor can be of two or more States
The governor is neither directly elected by the people nor indirectly elected
He is appointed by the president
According to the supreme court in 1979, the governor is not an employed under the central government
The governor’s office is an independent constitutional office
The draft constitution provided that there be direct election based on universal adult suffrage
The Constituent assembly denied it, as it creates conflicts, is not in national interest and only those with more power will be the CM and the governor. However, the Centre will maintain control to avoid separatist tendencies.
Qualification to be a governor
Has to be a citizen of India
Over the age of 35
Should be an outsider to the state of ruling, free from local politics
Conditions for the governor’s office
Two or more States
The Raj bhavan is determined by the parliament
Office of profit
Should not be a member of the parliament or the state legislature
The oath or affirmation
By the Chief justice of High court, in the in absence of which the senior most judge of the High court
The governor swears to faithfully execute office and to preserve product, protect and defend the constitution and law. He is to devote himself to service and the well-being of the people of the state
Term: 5 years from the date of entering his office
Could be removed by the President or can resign to the President
Powers and functions of the governor
1) Executive powers:
The executive actions are in the governor’s name
If executive his name shall be authenticated
Appoints the CM, the state election commissioner, the advocate general, and the vice chancellor (chancellor of universities)
2) legislative power:
Can summon are prorogue state legislature and dissolve the state legislative assembly
Addresses state legislature at the commentsment of the first session after each general election and the first session of each year
Nominate 1/6th members to the legislative council
Promulgate ordinances and can withdraw them anytime
Can disqualify members of election commission
Reports presented by governor to the state legislative by PSC and CAG
When a bill is sent the governor he can either give his assent to the bill can withhold his assent to the bill. He can also return the bill, if it is not a money bill for the reconsideration of the state legislative. If the bill is passed again by the state legislative (with or without amendments), the governor has to give his sent to the bill.
The governor can also reserve a bill for the consideration of president
The governor can also reserve will if it is ultra vires (or against the provisions of the constitution), or opposed to the DPSPs, against the larger interest of the country, or if dealing with the compulsory acquisition of property under article 31A of the constitution.
Financial powers:
Finance commission, contingency fund, money bills, annual financial statement.
Judicial powers:
The governor can grant pardons (but he can’t pardon death sentences). He can reprieve, respite or remit.
He appoints, posts, and promotes the district judges.
He can consult the President in appointing judges to the state high courts
He also provide judicial service to the state by providing consultation with state High court.
