Governor

The Constitution of India  envisages the government in the state in the same way as it is called the parliamentary system for the center. The sixth part of the constitution describes the government in the state.  Article 153 to 167 of the sixth part of the constitution talks about the state executive.  The state executive consists of the Governor, Chief Minister, Council of Ministers and Advocate General of the st Governor ate.  In this way, there is no office of Lieutenant Governor in the state, as in the center there are Vice-Presidents.  The Governor is the executive head (constitutional head) of the state.  The Governor also acts as the representative of the Central Government.  The Governor's Office thus plays a dual role.  Generally, there is a Governor for each state, but as per the Seventh Constitution Amendment Act, 1956, the same person can also be appointed as the Governor of two or more states.

The Governor's appointment. The Governor is neither directly elected by the public nor indirectly he is elected under the constitutional process like the President.  His appointment is through a presidential stamp. Thus, he is nominated by the Central Government but according to the 1979 system of the Supreme Court, the office of the Governor in the state is not employment under the Central Government. It is an independent constitutional office and is not subordinate to the central government. 

In the Constitution, there was a matter of direct election of the Governor under adult suffrage but the Constituent Assembly adopted the present system i.e. the appointment of the Governor by the President, which is for the following reasons: 

1. The direct election of the Governor may be contrary to the situation of the parliamentary system established in the state.

2. A system of direct election can lead to a conflict situation between the Chief Minister and the Governor. 

3. The Governor is only the constitutional head, so there is no meaning for his election by having a complex system of elections and spending huge money.

4. The election of the Governor is purely a personal matter, therefore it is not in the national interest to include large number of voters in this election.

5. An elected governor will naturally be associated with a party and will not be able to be an impartial and selfless head.

6. The election of Governor will create the notion of separatism, which will affect the political stability and unity of the country.

7. The center will continue to control the states with the appointment of the President.

8. Direct election of the governor can pose a serious problem at the time of general elections in the state.

9. The Chief Minister would like that his candidate for Governor contest the elections, so a second-class member of the ruling party will be elected as the Governor.

Therefore the American model, where the state governor is directly elected, was abandoned and Canada, where the governor is appointed by the center, was approved by the Constituent Assembly.

The Constitution laid down two qualifications for a person to be appointed as Governor.They are:

1. He should be a citizen of India.

2. He has completed the age of 35 years.

Apart from these, two other traditions have also been added over the years - first, it must be external, that is, it does not belong to the state where it is appointed so that it can remain free from local politics.  Second, when the Governor is appointed, the President it is necessary that he consult the Chief Minister in the matter of the state so that the constitutional system in the state is ensured, although both traditions have been violated in some cases.

Conditions of Governor's office. The following conditions are prescribed for the post of Governor in the Constitution

1. He should neither be a Member of Parliament nor a Member of the Legislature. If such a person is appointed Governor, he will have to leave his post from the House from the date on which he has assumed the post of Governor.

2. He should not hold any office of profit.

3. Raj Bhavan (official corporation) will be available without any rent.

4. He shall be entitled to all kinds of achievements, privileges and allowances as determined by the Parliament.

5. If the same person is appointed as Governor in two or more states, then these achievements and allowances will be conferred by the states according to the standards set by the President.

6. Their economic achievements and perks cannot be reduced during the tenure.

In 2018, Parliament has increased the salary of the governor from Rs 1.10 lakh to Rs 3.50 lakh per month.

'Like the President, the Governor also has many privileges and immunities. He receives personal immunity from legal liability for his official acts. During his tenure he has immunity from hearing criminal proceedings (be it personal activities). He cannot be arrested and imprisoned. Although civil action can be initiated against them on personal activities on two months' notice, 

the Governor has to take oath of integrity before taking charge. In the oath, the Governor pledges:

(a) shall discharge the duties faithfully.

(b) shall protect, protect and defend the Constitution and the law.

(c) will dedicate himself in the interest and service of the people of the state. The Governor is administered the oath by the Chief Justice of the High Court of the concerned state. In his absence, the senior-most judges available take the oath. Any other person also has to take a similar oath on discharging the responsibilities of the post of Governor.

The term of office of the Governor. Governor is normally for a period of five years from the date of his accession, but in fact he holds office during the President's offerings. Apart from this, he can resign at any time by addressing the President. The Supreme Court has ruled that the case of President Prasadprayant over the Governor is not just. The governor has neither tenure security nor office assurance. He can be recalled by the President at any time.

The Constitution has not enacted any law under which the President removes the Governor. Hence V.P. The Singh-led National Front government (1989) sought resignation from all the governors who were appointed by the Congress government. Eventually some governors were replaced, while some were allowed to remain. The same process was repeated in 1991, when P.V. The Congress government was formed under the leadership of Narasimha Rao. V.P. Fourteen governors appointed by the Singh and Chandrasekhar governments were replaced. The President can transfer a Governor to another state for the remainder of his term. Similarly, a governor, whose term has been completed, can also be reappointed in the same state or other state.

President, a Governor for the remainder of his term. Can move to another state. Similarly, a governor, whose term has been completed, can also be reappointed in the same state or other state. A governor may continue in office even after his term of five years until his successor takes over. The reasoning behind this is that there must be a governor in the state so that no vacancy situation arises. The President may make provisions for discharge of the functions of the Governor, such as - the death of the present Governor, when he feels that an accident is taking place, which is not mentioned in the Constitution. In such a situation, the Chief Justice of the High Court of the concerned state may be temporarily given the charge of Governor.

Powers and functions of the Governor. The Governor enjoys executive, legislative, financial and judicial powers as per the President. Although the governor does not have the same diplomatic, military or emergency powers as the president.

We can understand the powers of the Governor and his functions under the following headings:

1. Executive powers.

2. Legislative powers.

3. Financial powers.

4. Judicial powers.

Executive powers. The executive powers of the Governor:

1. All executive work of the state government are formally named by the governor 

2. He can make rules in this regard that his names and the executed order and other form will be certified.

3. He can make rules for the all-law of the government government and allocation in the Ministers of the said work.

4. He appointed the Chief Minister and other ministers. They all hold the post of the governor. The tribal welfare appointed by the Governor in Chhattisgarh, Madhya Pradesh, Jharkhand and Odisha will be the minister.

5. He appointed the generalization of the state and decides its remuneration. The post of the Greatment is the politicians.

6. He appointed the State Election Commissioner and determines its service condition and the other time, although the State Election Commissioner can be removed in special cases or conditions in the same way as the judge of the High Court.

7. He appoints the Chairman and members of the State Public Service Commission. But only the President can remove them and not the Governor.

8. He can get information about administrative matters or any legislative proposal from the Chief Minister.

9. If a Minister has taken a decision and the Council of Ministers has not taken cognizance of it, the Governor can ask the Chief Minister to consider the matter. 

10. He can recommend to the President for constitutional emergency in the state.  During President's rule in the state, his executive powers are expanded as the President's representative.

11. He is the Chancellor of State Universities, he appoints Vice-Chancellors of State Universities.

Legislative powers. The Governor is an integral part of the State Legislative Assembly. As such he has the following legislative powers and functions:

1. He can summon or prorogue and dissolve the session of the State Legislative Assembly.

2. He may address the first and the first session of every year after each election of the Legislature.

3. He can send a message to a House or the Houses of the Legislature on bills or any other issue under consideration.

4. When the posts of the Speaker and Deputy Speaker are vacant, he can appoint a member of the Legislative Assembly to ensure the proceedings.

5. He may nominate one-sixth of the total members of the State Legislative Council who have knowledge or practical experience in literature, science, arts, cooperative movement and social service.

6. He can appoint a member from an Anglo-Indian community for the State Legislative Assembly.

7. After consulting the Election Commission on the issue of disqualification of a member of the assembly, he decides it.

8. When a bill passed by the State Legislature is sent to the Governor:

 (a) he can accept the bill, or

 (b) stop it for acceptance

 (c) the bill (if it is not a money-related bill ) Can return to the Legislature for reconsideration. However, if the Bill is again passed without change by the State Legislature, the Governor has to give his approval, or

 (d) may reserve the Bill for the consideration of the President. It is mandatory to preserve it in a case where a bill passed by the state legislature jeopardizes the position of the High Court. Besides, the Governor can preserve the Bill even if the following circumstances exist. 

(i) Should be against the provisions of the constitution, ie excess.

(ii) be against the directive elements of state policy. 

(iii) be against the larger interest of the country.

(iv) be of national importance.

(v) Relate to compulsory acquisition of property under Article 31A of the Constitution.

9. When the State Legislature is not in session, it can formally announce the ordinance. These ordinances are required to be approved by the state legislature within six weeks. He can also abolish any ordinance at any time, it is the most important authority of the Governor.

10. He presents the report of the State Finance Commission, the State Public Service Commission and the Comptroller and Auditor General to the State Legislature related to the accounts of the State.

Financial powers. The financial powers and functions of the Governor are as follows: 

1. He ensures that the annual financial statement (State - Budget) is placed before the State Legislature. 

2. Money Bills can be introduced in the State Legislative Assembly only after its prior consent. 

3. No grant can be sought without his consent. 

4. He can take an advance from the Contingency Fund of the state to meet any unexpected expenditure.

5. He constitutes the Finance Commission to review the financial condition of panchayats and municipalities every five times.

Judicial powers  Judicial power and functions of the Governor are as follows:

1. The Governor of the State should be excused, pendency, pause or abolition of the punishment of any person convicted for an offense against the law on the subject on which the executive power of that State is extended. Shall have the power of suspension, avoidance or commutation.

2. The President is considered by the Governor in the matter of appointment of a Judge of the High Court of the State concerned.

3. He may, in consultation with the State High Court, appoint, transfer and promote the District Judges.

4. He also appoints people associated with the State Judicial Commission (other than District Judges) in these appointments he considers the State High Court and the State Public Service Commission.