Governor of a State

 

INTRODUCTION

Generally, in India, the President and Governor are regarded as a rubber stamp; they are considered to be the titular head of the state. Appointment of a Governor has been specified in article 153 of the Indian Constitution. Therefore, the governor has been made just a nominal official; the real official comprises the committee of ministers headed by the chief minister.

APPOINTMENT

The Governor is generally appointed by the President of the Nation under Article 155 of Indian Constitution. The Governor of a State is appointed by the President for a term of five years and holds office during his pleasure. Only Indian citizens above 35 years of age are eligible for appointment to this office.

QUALIFICATIONS

The candidate shall fulfil the listed criteria given below to be appointed as Governor of the state enshrined in Article 157 of Indian Constitution which is as follows:

·       He ought not to be the individual from either house of parliament or a place of the state governing body.

·       He ought not to hold any office of profit.

·       He can utilise his official home for other purposes, however, ought not to charge rent for that.

·       His payments and remittances can’t be diminished amid his term.

OATH AND RESIGNATION

The Governor takes his oath from the Chief Justice of the respective state, and he/she addresses his resignation to President of India.

ROLES AND RESPONSIBILITIES

Legislative Powers

The Governor of an Indian state has significant legislative powers, including summoning, proroguing, and dissolving the State Legislative Assembly. They are also part of the State Legislature and have the power to assent to or withhold assent from bills passed by the assembly. Additionally, the Governor can promulgate ordinances when the legislature is not in session.

The Governor also plays a role in the financial matters of the state, causing the budget (statement of estimated receipts and expenditure) to be laid before the House. When a Governor is given a bill (other than a money bill) for his permission, he either gives his approval, withholds his consent, or returns the bill to the Houses for reconsideration.

He must either provide his consent or reserve the statement for President and Cabinet consideration if the law is enacted again by the state legislature, with or without revisions. The Governor addresses the Legislative Assembly at the beginning of each new session and after a general election.

Executive Powers

The Governor is simply the ceremonial head, while the board of ministers is the true executive. All executive actions of the state government are conducted in the name of the Governor. The Governor make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to   which the Governor is by or under this Constitution required to act in his discretion.

The Governor appoints the Chief Minister and other ministers. They also appoint the Advocate General for the state. The Governor is consulted in the appointment of High Court judges. The Governor may also appoint judges of the district courts after consulting the High Court.

During the President’s reign in a state, the governor has significant administrative powers and works as an agent of the President.

Financial Powers

The financial powers and functions of Governor are listed below:

He/she sees that the Annual Financial Statement (State Budget) is laid before the State Legislature. Money bills can be introduced in the State Legislature only with the prior recommendation of the Governor. No demand for a grant can be made except on the recommendation of the Governor.

He/she can make advances out of the Contingency Fund of the State to meet any unforeseen expenditure. He/she constitutes a State Finance Commission after every five years to review the financial position of the Panchayats and the Municipalities.

Judicial powers

The President consults with the governor of the state in question when appointing judges to the State High Court . He/she makes appointments, postings and promotions of the district judges in consultation with the State High Court. He/she also appoints persons to the judicial service of the State (other than district judges) in consultation with the State High Court and the State Public Service Commission.

The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.

EMERGENCY POWER

The governor has no role or powers in an emergency situation to meet with the external aggression or armed rebellion as the President unless specifically permitted by the President under articles 160, 356 and 357.

He has the power to recommend to the President that a state of constitutional emergency be proclaimed.

CONCLUSION

The Governor is the state’s chief executive and has a wide range of duties and responsibilities; he may or may not enact laws to facilitate the state government’s business operations. In addition, he has the authority to call a special session of the state legislature and dissolve state legislative assemblies. The core duties, powers and functions of governor include looking over the state budget put out in the state legislature, among other things.