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UPSCGS short notesGovernor, power and function T he Constitution of India in which says the same pattern of government in the states as that for the Centre, that is, a Parliamentary system. Part four of the Constitution deals with government in the states. Article 153 to 167 in part VI of the Constitution deals with state executive. The state executive consists of the Governor, the chief minister, the council of ministers and the advocate general of the state. Does, there is no office of vice governor like that of vice president at the Centre.The Governor is the chief executive head of the state. But, like the president, he is the nominal executive head. The Governor also act as an agent of central government. Therefore, the office of governor has a dual role. Usually, there is a governor for each state, but the seventh Constitutional amendment act of 1956 facilitate the appointment of the same person as governor for two or more states. Appointment of GovernorThe governor is appointed by the President by warrant under his hand and seal. In a way, he is nominated of the central government. But, as held by Supreme Court in 1979, the office of governor of a state is not an employment under the central government. It is an independent constitutional office and is not under control of or subordinate to the central government.The Constitution lays down only to qualification for the appointment of a person as a governor. These are:a. He should be a citizen of India.b. He should have completed the age of 35 years.Additionally, to convince and have also developed in this regard over the years. First, he should be an outsider, that is, he should not belong to the state where he is appointed, so that he is free from the local politics. Second, while appointing the Governor, the President is required to consult the chief minister of the state concerned, so that the smooth functioning of the constitutional machinery in the state is ensured. Powers and functions of GovernorThe governor processes executive, legislative, financial judicial power more or less analogous to the President of India. However, he has no diplomatic, military or emergency power like President.Executive powers1. All executive actions for government of state had formally taken in his name.2. He can make rules specifying the manner in which the orders and other instruments made and instituted in his name shall be authenticated.3. He can make rules for more convenient transaction of the business of a state government and for the allocation among the ministers of the said business.4. Hi appoints the chief Minister and other ministers. They also hold office during his pleasure. There should be a tribal welfare minister in the state of Chhattisgarh, Jharkhand, Madhya Pradesh and Orissa appointed by him. The state of Bihar has excluded from this provision by the 94th amendment act of 2006.5. He appoints the advocate general of state and it remains his remuneration.6. Hi appoints the state election commissioner and determines his condition of service and tenure of office. However, the state election commissioner can be removed only In like manner and on the live grounds as a judge of a High Court.7. He appoints the chairperson and members of State Public service commission. However, they can be removed only by the President and not by a governor.8. He can seek any information relating to the administration of the affairs of the state and proposals for legislation from the chief Minister.9. He can require the chief minister to submit for the consideration of the council of ministers any matter upon which a decision has been taken by a minister but which has not been considered by the council.10. He can recommend the imposition of constitutional emergency in the state to the President. During the period of President’s rule in the state, the governor enjoys extensive duty powers as an agent of the President.Legislative powers1. He can summon or prorogue the state legislature and dissolve the State Legislature assembly.2. He can address the state legislature at the commencement of the first session after each general election in the first session of each year.3. He can send messages to the house or houses of the State Legislature, with respect to a bill pending in legislature or otherwise.4. He can appoint any member of the state legislative assembly to preside over its proceedings when the offices of both the speaker and the deputy speaker falls vacant. Similarly, he can appoint any member of the state Legislature counsel to preside over proceedings in the office of both chairman and deputy chairman fall vacant.5. He can nominate one sixth of the member of the state legislative Council from among the member having special knowledge or practical experience in less nature, science, art, cooperative movements and social service.6. He can nominate one member to the state legislature assembly from Anglo Indian community.7. When a bill is sent to Governor after it is passed by the state legislature, he can: a; give his assent to the Bill, b; with hold his assent to the Bill, c; return the bill for reconsideration of the state legislature. However if the bill is passed again by the state legislature with or without amendments, the governor has to give his assent to the Bill, or reserve the bill for consideration of the President. In one case such reservation is obligatory, that is, where the bill passed by the state legislature endangers the position of state High Court. In addition, the governor can reserve bill if it is of the following nature.a. Ultra vires the position of the Constitution.b. Opposed to the directive principle of state policy.c. Against the larger interest of the country.d. Of grave national importance.e. Dealing with compulsory acquisition of property under Article 31A of the Constitution.8. He can promulgate ordinances when the state Legislature is not in session. These ordinances must be approved by the state Legislature within six weeks from its re-assembly. He can also withdraw an audience any time. This is the most important legislative power of the Governor.9. Release the report of state finance commission, the State Public service commission and the controller and auditor general relating to the accounts of the state, before the state Legislature.Financial powers1. He sees that the annual financial statement, that is, state budget is laid before the state legislature.2. Money bill can be introduced in the state legislature only with his prior recommendation.3. No demand for a grant can we meet except on his recommendation.4. He can make advances out of contingency fund of the state to meet any unforeseen expenditure.5. He constitute a finance commission after every five years to review the financial position of the Panchayat and the municipalities.Judicial power1. He can grant pardon, reprieve , respites and remission openness meant or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter to which there is a cutie power of state extends.2. He is consulted by President while appointing the judges of the concerned state High Court.3. He makes appointments, postings and promotion of the district judges in the consultation with the High Court. 4. He also appoints person to the judicial services of the state in consultation with the state High Court and the State Public service commission.
UPSCGS short notes
Governor, power and function
T
he Constitution of India in which says the same pattern of government in the states as that for the Centre, that is, a Parliamentary system. Part four of the Constitution deals with government in the states.
Article 153 to 167 in part VI of the Constitution deals with state executive. The state executive consists of the Governor, the chief minister, the council of ministers and the advocate general of the state. Does, there is no office of vice governor like that of vice president at the Centre.
The Governor is the chief executive head of the state. But, like the president, he is the nominal executive head. The Governor also act as an agent of central government. Therefore, the office of governor has a dual role.
Usually, there is a governor for each state, but the seventh Constitutional amendment act of 1956 facilitate the appointment of the same person as governor for two or more states.
Appointment of Governor
The governor is appointed by the President by warrant under his hand and seal. In a way, he is nominated of the central government. But, as held by Supreme Court in 1979, the office of governor of a state is not an employment under the central government. It is an independent constitutional office and is not under control of or subordinate to the central government.
The Constitution lays down only to qualification for the appointment of a person as a governor. These are:
a. He should be a citizen of India.
b. He should have completed the age of 35 years.
Additionally, to convince and have also developed in this regard over the years. First, he should be an outsider, that is, he should not belong to the state where he is appointed, so that he is free from the local politics. Second, while appointing the Governor, the President is required to consult the chief minister of the state concerned, so that the smooth functioning of the constitutional machinery in the state is ensured.
Powers and functions of Governor
The governor processes executive, legislative, financial judicial power more or less analogous to the President of India. However, he has no diplomatic, military or emergency power like President.
Executive powers
1. All executive actions for government of state had formally taken in his name.
2. He can make rules specifying the manner in which the orders and other instruments made and instituted in his name shall be authenticated.
3. He can make rules for more convenient transaction of the business of a state government and for the allocation among the ministers of the said business.
4. Hi appoints the chief Minister and other ministers. They also hold office during his pleasure. There should be a tribal welfare minister in the state of Chhattisgarh, Jharkhand, Madhya Pradesh and Orissa appointed by him. The state of Bihar has excluded from this provision by the 94th amendment act of 2006.
5. He appoints the advocate general of state and it remains his remuneration.
6. Hi appoints the state election commissioner and determines his condition of service and tenure of office. However, the state election commissioner can be removed only In like manner and on the live grounds as a judge of a High Court.
7. He appoints the chairperson and members of State Public service commission. However, they can be removed only by the President and not by a governor.
8. He can seek any information relating to the administration of the affairs of the state and proposals for legislation from the chief Minister.
9. He can require the chief minister to submit for the consideration of the council of ministers any matter upon which a decision has been taken by a minister but which has not been considered by the council.
10. He can recommend the imposition of constitutional emergency in the state to the President. During the period of President’s rule in the state, the governor enjoys extensive duty powers as an agent of the President.
Legislative powers
1. He can summon or prorogue the state legislature and dissolve the State Legislature assembly.
2. He can address the state legislature at the commencement of the first session after each general election in the first session of each year.
3. He can send messages to the house or houses of the State Legislature, with respect to a bill pending in legislature or otherwise.
4. He can appoint any member of the state legislative assembly to preside over its proceedings when the offices of both the speaker and the deputy speaker falls vacant. Similarly, he can appoint any member of the state Legislature counsel to preside over proceedings in the office of both chairman and deputy chairman fall vacant.
5. He can nominate one sixth of the member of the state legislative Council from among the member having special knowledge or practical experience in less nature, science, art, cooperative movements and social service.
6. He can nominate one member to the state legislature assembly from Anglo Indian community.
7. When a bill is sent to Governor after it is passed by the state legislature, he can: a; give his assent to the Bill, b; with hold his assent to the Bill, c; return the bill for reconsideration of the state legislature. However if the bill is passed again by the state legislature with or without amendments, the governor has to give his assent to the Bill, or reserve the bill for consideration of the President. In one case such reservation is obligatory, that is, where the bill passed by the state legislature endangers the position of state High Court. In addition, the governor can reserve bill if it is of the following nature.
a. Ultra vires the position of the Constitution.
b. Opposed to the directive principle of state policy.
c. Against the larger interest of the country.
d. Of grave national importance.
e. Dealing with compulsory acquisition of property under Article 31A of the Constitution.
8. He can promulgate ordinances when the state Legislature is not in session. These ordinances must be approved by the state Legislature within six weeks from its re-assembly. He can also withdraw an audience any time. This is the most important legislative power of the Governor.
9. Release the report of state finance commission, the State Public service commission and the controller and auditor general relating to the accounts of the state, before the state Legislature.
Financial powers
1. He sees that the annual financial statement, that is, state budget is laid before the state legislature.
2. Money bill can be introduced in the state legislature only with his prior recommendation.
3. No demand for a grant can we meet except on his recommendation.
4. He can make advances out of contingency fund of the state to meet any unforeseen expenditure.
5. He constitute a finance commission after every five years to review the financial position of the Panchayat and the municipalities.
Judicial power
1. He can grant pardon, reprieve , respites and remission openness meant or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter to which there is a cutie power of state extends.
2. He is consulted by President while appointing the judges of the concerned state High Court.
3. He makes appointments, postings and promotion of the district judges in the consultation with the High Court.
4. He also appoints person to the judicial services of the state in consultation with the state High Court and the State Public service commission.