Governor of A State
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.
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.
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.
Generally, the duration of a Governor is 5 years.
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.
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.
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
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.
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.
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.
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.
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.