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Question – Explain the role and functions of State Governor as set out in the Constitution of India.
- January 14, 2023
- Posted by: Pallavi Singh
- Category: Blog
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Answer –
Thank you for reading this post, don't forget to subscribe!Under Article 154 of Indian Constitution, Governor is a nominal executive head of the state. He forms an important part of the state executive where he acts as the chief executive head. The Indian President appoints Governor for each state by warrant under his hand and seal.
Since the Governor holds the office under the pleasure of the President, his office has no fixed term. President can remove the Governor and the grounds upon which he may be removed are not laid down in the constitution.
The Governor of a state enjoys extensive powers which are listed below –
EXECUTIVE POWERS –
1)All executive actions of the government of a state are formally taken in his name.
2)He makes rules specifying the manner in which the orders and other instruments made and executed in his name shall be authenticated.
3)He makes rules to simplify the transaction of the business of the state government.
4)Chief Ministers and other ministers of the states are appointed by him.
5)It is his responsibility to appoint Tribal Welfare Minister in the states of Chattisgarh, Jharkhand, Madhya Pradesh, Odisha.
6)He appoints the Advocate General of State and determines his remuneration
7)He appoints the following people:
a.State Election Commissioner
b.Chairman and Members of the State Public Service Commission
c.Vice-Chancellors of the universities in the state.
8)A constitutional emergency in the state is recommended to the President by him.
9)The governor enjoys extensive executive powers as an agent of the President during the President’s rule in the state.
LEGISLATIVE POWERS –
1)He summons or prorogues the state legislature and dissolves the state legislative assemblies.
2)He addresses the state legislature at the first session of every year.
3)Governor nominates one-sixth of the total members of the legislative council from the fields of Literature, Science, Art, Cooperative Movement, Social Service.
4)Governor nominates one member in state legislative assembly from Anglo-Indian Community.
4)He can consult Election Commission for the disqualification of members.
5)With respect to the bill introduced in the state legislature, he can:
a.Give his assent
b.Withhold his assent
c.Return the bill
d.Reserve the bill for the President’s consideration.
6)An ordinance can be promulgated by him when either the Legislative Assembly or Council (Unicameral/Bicameral) are not in session.
7)The following reports are laid by him:
a.State Finance Commission
b.State Public Service Commission
c.Comptroller and Auditor General (Concerning the state finance)
FINANCIAL POWERS –
1)He looks over the state budget being laid in the state legislature.
2)His recommendation is a prerequisite for the introduction of a money bill in the state legislature.
3)He recommends for the demand for grants which otherwise cannot be given.
4)Contingency Fund of State is under him and he makes advances out that to meet unforeseen expenditure.
5)State Finance Commission is constituted every five years by him.
JUDICIAL POWERS –
1)He grants Pardon, Reprieve, Respite and remissions of punishment or suspend, remit and commute the sentences of any person convicted of any offence against state laws.
2)President consults the Governor while appointing judges of High Court.
3)In consultation with the state High Court, Governor makes appointments, postings, and promotions of the district judges.
4)In consultation with the state high court and state public service commission, he also appoints persons to the judicial services.
The recommendations of the Sarkaria Commission and the Punchhi Commission report need to be examined closely to improve Governor’s office in federal polity of India.
Governor’s office should facilitate in maintaining internal security, ensure communal harmony and welfare of SCs and STs and rise above partisan politics while discharging Constitutional obligations.