Governor of A State
Governor
Governor is the constitutional head of a state in India. He is the head
of a state like the President of India who is the constitutional head of Indian
Union. The top of the executive power in a state is the Governor. There is a
Governor in each state. But according to 153rd, there can be more
than two states under the control of a single Governor. Here we are discussing
all on a Governor in details below.First Indian women Governor for a state is
Sarojini Naidu.
Appointment :-
Governor is not elected, rather he is selected. He is appointed by the
President of India of his own wish. The Governor will remain on his seat as per
the wish of the President. Why is the Governor engaged or appointed? This is to
maintain the power conflict between the Chief Minister and the Governor aloof.
This has been predicted that if the Governor were elected then he would have
thought himself/herself more powerful than the Chief Minister. We should
remember that chief minister is elected for a certain seat of the state’s
legislature. But the election of the Governor must be state-wise. Thus, he may
have overpowered Chief Minister.
Besides, this will leave the country to face any diverse situation
resulting for a havoc election procedure. It will cut the expenditure off. If
appointed by the President, the Central Government must watch him and control.
If an election is a process to choose the governor, a favourable person will be
nominated by the ruling party. This will lessen the neutral position of the
President. National integrity must be halted.
Eligibility :-
This He must be of 35 years of age. He must leave any profitable post
before his coronation to the post of Governor. He must not continue his
membership either from the parliament or from the state’s legislative assembly.
Member either of parliament or of state’s legislature appointed as the Governor
of a state must discontinue his membership.
Tenure :-
Generally, the duration of a Governor is 5 years.
Removal:-
This tenure can be reduced for the stated reasons below.
1. According to
156(I), President of India can dismiss Governor. The specific reason for the
dismissal of the Governor is not written in the Constitution. But issues like
taking bribes, corruption, breaking the rules of the Constitution etc. Will be
considered to remove the Governor.
2. According to
156(II), the Governor may place his resignation to the President of India.
Salary
He receives a monthly salary of 110000 INR. A rent-free government is
given to him. He receives a salary, allowance, special rights according to
Amendment of the Governors (Emoluments, Allowances and Privileges) Act of 1982.
According to 158(III-IV), remuneration and allowance cannot be reduced during
his governorship.
Legal Remittance
According to Article 361 of the constitution of India, the governor of a
state cannot be called for interrogation to judge his controversial work.The
Supreme Court in the case 'Rameshwar Prasad & Ors vs Union Of India &
Anr on 24 January 2006', clarified that though governor cannot be prosecuted
and imprisoned during his term of office, he can be prosecuted after his term
of office for the guilty which he has committed during his term.
Functions and
Powers of A Governor
Employment, Advice
The Governor of a State employs ministers in the state legislative
assembly. He employs advocate general, members of state’s public service
commission. But he cannot dismiss members of public service commission. Public
service commission can only be dismissed by the order of the President of India
after a recommendation on the report by the Supreme Court. If inability is
found, the President can make removal. According to, Article 217(I), he
can give relevant advice to the president in relation for the appointment of the
chief judge of the state’s high court. The 23rdAmendment of the
Article 333 in 1969 empowers the Governor to employ one Anglo-Indian member in
the state’s legislative assembly. According to 171(V), the Governor nominates
1/6th members from literature, science, arts, social work etc in Bidhan
Parishad(Upper House) if it exists in a state.
Legislative
According to 164th, the Governor is a part of a state
legislature. He has right to place his message, deliver his speech, summon
assembly and even dissolve the legislative assembly. Governor is responsible
for inauguration the first session after the election by addressing the members
of the legislative assembly as well as to address the assembly with his speech
every year at the beginning of a session. Bill has to go to the governor for
receiving his/her assent. Without his/her consent, a bill cannot be a legal
use. The governor can return a bill to the legislative assembly for
reconsideration. If a bill is sent to the governor for his approval, he has no
other way but give his/her consent. He can implement ordinance when he feels
the necessity of a law which cannot be performed by the legislative assembly
for it has no scope.
Emergency:-
He can send a report to the President of India to implement the
presidential rule in the state when he is confirmed about the fact that the
present circumstance is not favourable to run the state’s administration with
the help of state’s laws. He can overpower in this situation.
Judicial
What can the Governor do for a person who has performed crime against
the rules of the state’s legislature? According to 161 st, he can pardon. He
can remit the punishment. He can lessen a punishment.
Financial
For the introduction of Money Bill, the recommendation of the Governor
is necessary.State Budget is stated only with the reinforcing influence of the
Governor. After publishing the state Budget, no further want of grant can be
granted without the recommendation of the Governor. He forms the State Finance
Commission.