Recently, The president has appointed new Governors for the states Uttarakhand, Assam and Nagaland.
Constitutional Provisions of Governor:
¤ The Governor’s appointment, his powers and everything related to the office of Governor have been discussed under Article 153 to Article 162 of the Indian Constitution.
¤ The Governor is the Executive Head of the State within the meaning of Article 153 and 154 of the Constitution of India. Article 154 vests the executive powers of the State in the Governor who exercises it either directly or through officers subordinate to him in accordance with the Constitution. Under Article 163, the Governor as the Constitutional Head exercises all powers under the Constitution on the aid and advice of the Council of Ministers.
¤ The role of the Governor is quite similar to that of the President of India. The Governor performs the same duties as of President, but for the State. Governor stands as executive head of a State and the working remains the same as of the office of President of India. Under the Constitution of India, the governing machinery is the same as that of the Central Government.
¤ it is stated that the Governor has a dual role.
1) He is the constitutional head of the state, bound by the advice of his council of ministers.
2) He functions as a vital link between the Union Government and the State Government.
How a Governor is appointed?
¤ The Indian President appoints Governor for each state by warrant under his hand and seal. Central Government is responsible to nominate the governor for each state.
¤ Unlike elections of the President, there is no direct or indirect election for the post of Governor.
¤ The office of a governor is not a part of the union executive and is an independent constitutional office. The governor doesn’t serve the union government and neither is subordinate to it.
¤ Conventionally and not constitutionally, he/she should be an outsider of the state where he/she is being appointed as governor. Also, one of the conditions is that he/she should not be a member of the Parliament or state legislature.
¤ The nomination of a governor by the Union and his appointment by the President in India is based on the Canadian model of government.
Eligibility Criteria:
As per the Constitution of India, the following are the eligibility criteria for the appointment of the Governor in a particular state:
¤ He or she must be a citizen of India.
¤ He or she must have completed 35 years of age.
¤ He or she must not hold any other office of profit.
¤ He or she must not be a member of the Legislature of the Union or of any other state.
There is no bar to the selection of a Governor from amongst the members of the Legislature, provided that on appointment, he or she immediately ceases to be a Member of the Legislature.
Important Articles Related to the Governor :
¤ There shall be a Governor for each state (Articles 153 of the Constitution of India).
¤ The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution of India (Article 154).
¤ The Governor of a State shall be appointed by the President by warrant under his hand and seal (Article 155).
¤ A person to be eligible for appointment as Governor should be citizen of India and has completed age of 35 years (Article 157).
¤ The Governor shall not be a member of the Legislature or Parliament; shall not hold any office of profit, shall be entitled to emoluments and allowances. (Article 158).
¤ Every Governor and every person discharging the function of the Governor shall make a subscribe an oath or Affirmation (Article 159).
¤ The President may make such a provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in Chapter II of the Constitution. (Article 160).
¤ The Governor shall have the power to grant pardons, reprieves, etc. (Article 161).
¤ There shall be Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion. (Article 163).
¤ The Governor appoints Chief Minister and other Ministers. (Article 164).
¤ The Governor appoints the Advocate General for the State. (Article 165).
¤ All executive actions of the Governor of a State shall be expressed to be taken in the name of Governor. (Article 166).
¤ The Governor shall, from time to time, summon and prorogue the House and dissolve the Legislative Assembly. (Article 174).
¤ The Governor may address the Legislative Assembly….; The Governor may send messages to the House. (Article 175).
¤ Special Address to the House by the Governor. (Article 176).
¤ The Governor assents, withholds assent, or reserves for the consideration of the Bill passed by the Legislative Assembly. (Article 200).
¤ The Governor shall in respect of every financial year cause to be laid before the House…. a statement of the estimated receipts and expenditure. (Article 202).
¤ No demand for a grant shall be made except on the recommendation of the Governor. (Article 203(3)).
¤ The Governor shall ……..cause to be laid before the House another statement showing estimated amount of expenditure. (Article 205).
¤ The Governor may promulgate the Ordinances under certain circumstances. (Article 213).
¤ The Governor is consulted for appointment of Judges of High Court. ( Article 217).
¤ Every person appointed to be a judge of the High Court shall ……..make and subscribe before the Governor ………… an oath or affirmation ……(Article 217) )
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