The Governor Of The State
The Governor is the Chief Executive Head of the State. Generally, there is a Governor for each state but the same person can act as the Governor of more than one state. Article 154(1) provides, “The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution”. It may be noted that the Governor of State, as the President of India is only a constitutional head and the real powers are exercised by the Council of Ministers headed by the Chief Minister. However, the Governor possesses certain discretionary powers.
Appointment:
The Governor is appointed by the President in consultation with the Prime Minister and his Council of Ministers. Generally he is chosen from amongst persons who do not belong to the State (to which they are being appointed) so that he may be able to take an objective view of the problems. facing the state and act in an impartial manner. Qualifications: A person eligible to be appointed as Governor must be
(a) A citizen of India,
b) Must have completed 35 years of age;
c)Should not be a member of either House of Parliament or of a State Legislature. (If any such person is appointed as Governor, he is deemed to have vacated his seat in the House as and when he assumes his office as Governor); and ,
d) Should not hold any other office of profit.
Tenure
According to the Constitution, the Governor holds office during the pleasure of the President. Generally, the Governor is appointed for a term of five years. He can vacate his office earlier by writing to the President. The President can also remove him before the expiry of his term of five years. If the office of the Governor falls vacant due to his death, resignation or removal, the Chief Justice of the High Court acts as the Governor till a new incumbent is appointed.
Privileges and Immunities:
Like the President of India, the Governor of a State also enjoys certain immunities and Privileges. He is not answerable before any court for the exercise or performance of the powers and duties of his office or any act done in the exercise thereof. No criminal proceedings can be launched against the Governor during his term of office nor can be Court issue any warrant of imprisonment of the Governor during his term of office. However, legal proceedings can be instituted against the Governor during his term of office but at least two months notice has to be served on him regarding the details of the case before instituting such proceedings. Powers and functions of the Governor: The Governor of a State enjoys powers similar to that of the President, except that the President enjoys diplomatic, military or emergency powers. His powers can be studied under the following categories:
1) Executive Powers:
The Constitution vests all executive powers of the state in the Governor. These powers are exercised by the Governor either directly or through officers subordinate to him.
- All executive actions of the government of a state are formally taken in his name. But since the Governor is only a constitutional ruler he exercises his powers and functions with the aid and advice of the Council of Ministers, except in cases where he is required by the Constitution to act in his discretion.
- All major appointments of the state are made by the Governor. The officials appointed by the Governor include the Chief Minister, the members of the Council of Ministers, the Chairman and the members of State Public Service Commission, the Attorney General of the State, etc.
- The Governor also enjoys the power to dismiss the ministers because they hold office during his pleasure. But actually, the ministers stay in office as long as they enjoy the support of a majority of the members of the State legislature.
- The Governor has a right to be kept informed about the decisions taken by the Council of Ministers.
- He can seek any information relating to the administration of the State from the Chief Minister and can ask him to refer any matter, on which a decision has been taken by a minister but which has not been considered by the council, for consideration to the Council of Ministers.
- The Governor also acts as the representative of the centre and keeps the centre informed about the developments in the state. If he feels that the Government of the state is not being carried on according to the Constitution, he can report the matter to the President.
- Thereupon, the President can make a proclamation of emergency and assume responsibility for the administration of the state. In the event of President’ rule in the state, the Governor acts as the representative of the President and comes to wield extensive powers.
2. Legislative Powers:
Like the President of India, who is an integral part of the Parliament, the. Governor of the State is an integral part of the State Legislature and enjoys numerous legislative powers. Some of the prominent legislative powers enjoyed by the Governor are as follows:
- He can summon or prorogue either House of the State Legislature and has power to dissolve Legislative Assembly.
- He can address the Legislative Assembly (or both Houses where the State Legislature is bicameral) at the commencement of the new session after each General election and the first session every year.
- If the offices of the Speaker and the Deputy Speaker of the Legislative Assembly fall vacant, the Governor can appoint any member of the State Legislative Assembly to preside over the House. Such a member shall discharge all the duties of a presiding officer till the Assembly elects its own Speaker.
- Similarly, he can appoint any member of the state legislative council to preside over its proceedings when the offices of both Chairman and Deputy Chairman fall vacant. In those states where the Legislative Council exist the Governor appoints one-sixth of its members from amongst persons who have special knowledge of art, literature, science; cooperative movement and social service.
- He can also nominate one member to the Legislative Assembly from the Anglo-Indian community if he feels that the community has not received adequate representation otherwise.
- On the advice of the Election Commission, the Governor can decide the case regarding disqualification of any member of the State Legislature. All the bills passed by the State Legislature must receive the assent of the Governor.
- He can withhold his assent or return the bill with or without amendments. The Governor has to append his signatures to the bill. The Governor also enjoys the power to reserve certain types of bills passed by the State Legislature for the assent of the President, 228)
- During the recess of the State Legislature, the Governor can issue ordinances that have the same force as a law enacted by the State Legislature. However, these ordinances cease to operate at the expiry of six weeks from the date of reassembly of the Legislature or earlier if it passes a resolution disapproving such an ordinance.
Let us now look at the Financial And Discretionary Powers Of the Governor.