Governor – Notes

governor-notes

 

A Governor is the chief executive head of the state article 153 provides that there shall be a Governor for in-state but the same person can be appointed as a Governor for more than one state.

Article 153 beneath Indian Constitution, Governors of States that is, there shall be Governor for every State: as long as nothing during this article shall stop the appointment of a constant person as governor.



Governor for two or more States

According to article 154, all govt power of the state was within the Governor and he will exercise then directly or through officers subordinates to him. A Governor has to play a dual role he has to function as a constitutional head of the state concerned and also as the representative of the center.

Article 154 Under the Indian Constitution: Executive power of State

  1. The manager power of the State shall be unconditional within the Governor and shall be exercised by him either directly or through officers subordinate to him under this Constitution
  2. Nothing in this article shall
    • Be deemed to transfer to the Governor any functions conferred by any existing law on any other authority.
    • Top Parliament or the assembly of the State from conferring by law functions on any authority subordinate to the Governor

Appointment of governor

The governor of the state is a not elected but is appointed by the president and hold his office at the pleasure of president a normal term of the governor of a Shelby five-year but it may be terminated earlier under article 156.

Article 156 Under Indian Constitution Term of office of Governor:

  1. The Governor shall hold office during the visit of the President
  2. The Governor might, by writing beneath his hand self-addressed to the President, resign his office
  3. Subject to the preceding provisions of this text, a Governor shall hold for a term of 5 years from the date on that enters upon his workplace
  4. As long as a Governor shall, yet the expiration of his term, continue to hold office until his successor enters upon his office
  5. Dismiss by the president
  6. Registration
  7. Death



Qualifications to become a Governor:

According to article 157, a person to be eligible to be appointed as a Governor must be;-

  1. A citizen of India.
  2. Must have completed to the age of 65 years.
  3. he must not be a member of our house of Parliament or House of Legislative of any state.
  4. He cannot hold the other workplace of profit.

Article 157 beneath Republic of Indian Constitution Qualifications for an appointment- as Governor, not a soul shall be eligible for appointment as Governor unless he’s a subject of India and has completed the age of thirty-five years.

Article 158 says that if any member of either House of Parliament or the house of the legislative of any state is appointment as a Governor he shall be deemed to have a voted his seat in the house on the date on which he acts upon his office as governor.

Article 158 Under Indian Constitution– Conditions of Governor office

  1. The Governor shall not be a member of either House of Parliament or a House of the assembly of any State laid out in the primary Schedule, and if a member of either House of Parliament or a House of the assembly of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on that he enters upon his workplace as Governor
  2. The Governor shall not hold the other workplace of profit.
  3. The Governor shall be entitled while not payment of rent to the employment of his official residences and shall be additionally entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances, and privileges as are specified in Second Schedule
    • Wherever a constant person is appointed as Governor of 2 or additional States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine
  4. The emoluments and allowances of the Governor shall not be diminished throughout his term of the workplace.



Salary and Allowances of a Governor

The Governor is entitled to such and dormant allowances and privilege as may be determined by the Parliament by law the salary of, the Governor has been raised to 110000 per month from 36 per month he is also and title to free used to his official residence. The salary and allowances of the Governor can’t be reduced during his term of office article 154 (4).

Oath

The Governor before entering upon his office he is required to take an oath in the presence of the chief justice of the high court or he is not present in the presence of the senior-most judge of the high court article 159.

Power and functions

Governor is the chief executive he is the head of the state and the representative of the center. Executive powers:
Article 154 was tall all executive powers of the state in the governor which he can exercise directly himself or through officers subordinate. according to article 166, all executive action is to be taken in his name.
As the head of the executive state, he has the power to appoint-

  1. His council of minister
  2. To appoint advocate general
  3. To appoint the member of the State Public Service Commission
  4. To appoint the judge of the state High Court(Article 217).
  5. To nominate the member of Anglo Indian to Legislative Assembly
  6. To nominate members to the Council of state.

Article 217 Under Indian Constitution– Appointment and conditions of the office of a Judge of a High Court

  1. Each decision of a state supreme court shall be appointed by the President by warrant beneath his hand and seal once consultation with the jurist of India, the Governor of the State, and, within the case of appointment of a decide apart from the jurist, the Chief Justice of the High court, and shall hold office, in the case of an extra or acting decide, as provided in Article 224, and in any other case, until he attains the age of sixty-two years Provided that
    • Decide could, by writing beneath his hand self-addressed to the President, resign his office.
    • Decide is also off from his workplace by the President within the manner provided in clause ( four ) of Article 124 for the removal of a decide of the Supreme Court.
    • The office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to the other state supreme court among the territory of India
  2. An individual shall not be qualified for appointment as a decision of a state supreme court unless he’s a subject of India and:
    • Has for a minimum of 10 years control a judicial workplace within the territory of India; or
    • Has for a minimum of 10 years been associate degree advocate of a state supreme court or 2 or additional such Courts in succession; rationalization For the needs of this clause
    • In computing the amount throughout that an individual has control judicial workplace within the territory of India, there shall be enclosed any amount, after he has held any judicial office, throughout that the person has been associate degree Advocate of a state supreme court or has controlled the workplace of a member of a court or any post, beneath the Union or a State, requiring special knowledge of law.
    • In computing the amount throughout that an individual has been associate degree advocate of a state supreme court, there shall be enclosed any amount throughout that the person has control judicial office or the workplace of a member of a court or any post, beneath the Union or a State, requiring special knowledge of law after he became an advocate;
    • In computing the amount throughout that an individual has control judicial workplace within the territory of India or been associate degree advocate of state supreme court, there shall be enclosed any period before the commencement of this Constitution throughout that he has control judicial workplace in any space that was comprised before the fifteenth day of August 1947, among India as outlined by the govt. of India Act, 1935, or has been an advocate of any High Court in any such area, as the case may be
  3. If any question arises on the age of a decision of a state supreme court, the question shall be determined by the President once consultation with the jurist of India and therefore the call of the President shall be final. Legislative power

Under article 164 the Governor is a part of the state legislative just is the president in the part of parliament. Hence he has a right of:

  • Addressing and sending message
  • Summoning
  • Progressive
  • Disclosing concerning the state legislative just as the president has concerning Parliament.
  • He has the power of using to be laid before state legislative the annual financial statement under article 202.
  • Making a demand for the grant and recommending money bills under article 207.
  • To disqualification the number under article 192 after taking the opinion of the election commission.
  • Assent to bill and power to vote article 200 said that when he a bill is passed by the house or house of the legislative of the state it shall be sent to the Governor for his assent he may either assent the bill or withhold his assent or if it is not money bill he may write it for consideration or he may reserve the bill of consideration of the president.



Article 164 Under Indian Constitution– Other provisions as to Ministers

  1. The Chief Minister shall be appointed by the Governor and therefore the different Ministers shall be appointed by the Governor on the recommendation of the Chief Minister, and the Ministers shall hold workplace throughout the pleasure of the Governor: providing within the State of province, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who could additionally be responsible for the welfare of the regular Castes and backward categories or the other work.
  2. The Council of Ministers shall be conjointly accountable to the assembly of the State
  3. Before a Minister enters upon his office, the Governor shall administer so him the oaths of office and secrecy according to the forms set out for the purpose in the Third Schedule.
  4. A Minister World Health Organization for any amount of six consecutive months isn’t a member of the general assembly of the State shall at the expiration of that amount stop to be a Minister.
  5. The salaries and allowances of Ministers shall be like the general assembly of the State could from time to time by law verify and, until the Legislature of the states thus determines, shall be as laid out in the Second Schedule The Advocate General for the State
  6. Ordinance making power: Article 213 conference Ordinance making the power of the Governor.
    The Governor can issue Ordinance only when two conditions are fulfilled:

    • The Governor can only issue Ordinance when the Legislative Assembly of the state is not in session.
  7. The Governor must be satisfied that the circumstances exist which rendered it necessary him to be taken immediate action. The ordinance will be left after 6 weeks for the date of the reassembly of the legislation if no action is taken by legislation it means it must be approved or disapproved by state legislative with 6 weeks after reassembly.

Article 213 Under Indian Constitution – Power of Governor to promulgate Ordinances during recess of Legislature

If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the assembly area unit in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances seem to him to require: given that the Governor shall not, without instructions from the President, promulgate any such Ordinance if:

  • A bill containing similar provisions would beneath this Constitution have needed the previous sanction of the President for the introduction thence into the Legislature.
  • He would have deemed it necessary to order a Bill containing similar provisions for the thought of the President; or
  • An act of the assembly of the State containing similar provisions would beneath this Constitution are invalid unless, having been reserved for the consideration of the President, it had received the assent of the President
  • an ordinance publicized beneath this text shall have a similar force and impact as an Act of Assembly of the State assented to by the Governor, but every such Ordinance
    • Shall be set before the general assembly of the State, or wherever there’s a legislature within the State, before each the House, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and in agreement to by the legislature, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council.
    • Could also be withdrawn at any time by the Governor rationalization wherever the homes of the assembly of a State having a legislature area unit summoned to put together on completely different dates, the period of six weeks shall be reckoned from the later of those dates for this clause
    • If so way as an Ordinance beneath this text makes any provision which might not be valid if enacted in an Act of the assembly of the State assented to by the Governor, it shall be void: Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State that is offensive to an Act of Parliament or AN existing law with reference to a matter enumerated within the synchronic List, an Ordinance promulgated under this article within the synchronic List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State that has been reserved for the thought of the president and assented to by him CHAPTER V THE HIGH COURTS within the STATES.



The Judicial Power

Article 161 says that the Governor shall have the power to grant a pardon for the remission of the punishment or the suspend limit for computing the sentence of any person convicted of any offense against any law relating to the matter to which the executive power of the state extends. He is also consolidated by the president in the appointment of Chief Justice and the judge of the high court of the state. The Governor has the power to appoint the judge of the subordinate courts in the state under article 233 and 234.

The Financial Power

A cash bill can’t be introduced within the general assembly of the state while not the advice of the Governor. No demand for the grant can be made except on the recommendation of the Governor article 203(3). The Governor is required to cause to be laid before the house or house of the legislative annual financial statements known as the budget (article 202).

Article 202 Under the Indian Constitution– Annual financial statement

  1. The Governor shall in respect of every financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expenditure of the State for that year, in this Part referred to as the annual financial statement.
  2. The estimates of expenditure embodied within the annual budget shall show one by one.
  3. The sums needed to fulfill expenditure delineated by this Constitution as expenditure charged upon the Consolidated Fund of the State.
  4. The sums needed to fulfill different expenditure planned to be made up of the Consolidated Fund of the State and shall distinguish expenditure on revenue account from the different expenditure.
  5. The subsequent expenditure shall be expenditure charged on the Consolidated Fund of every State.
  6. The emoluments and allowances of the Governor and different expenditure concerning his office.
  7. The salaries and allowances of the Speaker and also the Deputy Speaker of the general assembly and, in the case of State having a Legislative Council, also of the Chairman and the Deputy Chairman of the Legislative Council.
  8. Debt charges for which the State is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt.
  9. Expenditure in respect of the salaries and allowances of Judges of any High Court.
  10. Any sums needed to satisfy any judgment, decree or award of any court or arbitral tribunal.
  11. The other expenditure declared by this Constitution, or by the assembly of the State by law, to be therefore charged.
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