Governor of State - Questions and Answers

ANSWER: 1, 3

Explanation:

• In Parliamentary form of government provided by the Constitution of India the Governor has been made only a nominal executive.


• The real executive being the Council of Ministers headed by the Chief Minister.


• The Governor has to exercise his powers and functions with the aid and advice of the Council of Ministers headed by the chief minister, except in matters in which he is required to act in his discretion.


• Provisions of articles 154, 163 and 164 help us understand the constitutional position of the Governor.


• Article 154 - 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 this Constitution.


• Article 163 - There shall be a council of ministers with the Chief Minister as the head to aid and advise the Governor in the exercise of his functions, except in so far as he is required to exercise his functions in his discretion.


• Article 164 -The council of ministers shall be collectively responsible to the legislative assembly of the state.


• This provision is the basis of the parliamentary system of government in the state.

Constitutional position of the governor differs from that of the president due to -

(a) Governor can act at times in his discretion, but the President cannot.

(b) 42^nd Constitutional Amendment (1976) made the ministerial advice binding on the President. However, no such provision has been made with respect to the Governor.


• Constitution says that if any question arises whether a matter falls within the governor’s discretion or not, the decision of the governor is final.


• The validity of anything done by the governor cannot be called in question on the ground that he ought or ought not to have acted in his discretion.

The governor has constitutional discretion in the following matters -

(a) Reservation of a bill for the consideration of the President.

(b) Recommendation for the imposition of the President’s Rule in the state.

(c) While exercising his functions as the administrator of an adjoining Union Territory (in case of additional charge).

(d) Determining the amount payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration.

(e) Seeking information from the chief minister with regard to the administrative and legislative matters of the state.

ANSWER: 1, 2

Explanation:

The Governor has situational discretion too in the following scenarios -

(a) In case of appointment of Chief Minister when no party has a clear-cut majority in the state legislative assembly.

(b) Appointment of new Chief Minister when the Chief Minister in office dies suddenly and there is no obvious successor.

(c) He can dismiss the Council of Ministers when it cannot prove the confidence of the state legislative assembly.

(d) He can dissolve the state legislative assembly if the council of ministers has lost its majority.


• The governor has certain special responsibilities to discharge according to the directions issued by the President. In this regard, the Governor though has to consult the Council of Ministers led by the Chief Minister, acts finally on his discretion.

Special Responsibilities are as follows -

(a)Regarding Maharashtra - Establishment of separate development boards for Vidarbha and Marathwada. (b) Regarding Gujarat - Establishment of separate development boards for Saurashtra and Kutch.

(c) Regarding Nagaland - With respect to law and order in the state as long as the internal disturbance in the Naga Hill-Tuensang Area continues.

(d) Regarding Assam - With respect to the administration of tribal areas.

(e) Regarding Manipur - Regarding the administration of the hill areas in Manipur.

(f) Regarding Sikkim - For peace and for ensuring social and economic advancement of the different sections of the population.

(g) Regarding Arunachal Pradesh - With respect to law and order in the state.

(h) Regarding Karnataka - Establishment of a separate development board for Hyderabad-Karnataka region.


• Constitution has assigned a dual role to the office of a Governor.


• He is the constitutional head of the state.


• He is also representative of the Centre (i.e., President).

ANSWER: Both 1 and 2

Explanation:

• A Governor holds office for a term of five years from the date he enters upon his office.


• But, this term is subject to the pleasure of the President.


• Governor can resign at any time.


• He needs to address a resignation letter to the President.


• The Supreme Court said that the pleasure of the President cannot be questioned in court of law.


• The Governor has no security of tenure as such and no fixed term of office.


• He can be removed by the President at any time.


• There are no grounds of removal of the Governor in the Constitution.


• In previous years, this has led to removal of Governors as soon as the governments changed.


• The President may transfer a Governor appointed to one state to another state.


• This transfer is for the rest of the term of the Governor.


• A Governor whose term has expired may be re-appointed in the same state or any other state any number of times.


• A Governor can hold office beyond his term of five years until his successor assumes charge.


• The basis of this is that there must be a governor in the state and there cannot be an interregnum.


• The President can make provisions as he thinks fit for the discharge of the functions of the Governor in any emergency situations not provided for in the Constitution.


• The Chief Justice of the concerned State High Court may be appointed tentatively to discharge the functions of the Governor of that state.

ANSWER: All of the above

Explanation:

Constitution lays down the following conditions for the Governor’s office -

(a) The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule.

(b) If a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.

(c) The Governor shall not hold any other office of profit.

(d) The Governor shall be entitled without payment of rent to the use of his official residences (Raj Bhavan).

(e) He shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and emoluments, allowances and privileges as are specified in the Second Schedule.

(f) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the states in such proportion as the President may by order determine.

(g) The emoluments and allowances of the Governor shall not be diminished during his term of office.


• The governor enjoys personal immunity from legal liability for his official acts.


• During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts.


• He cannot be arrested or imprisoned.


• But civil proceedings can be initiated after giving two months’ notice, during his term of office in respect of his personal acts.


• Before entering upon his office, the Governor has to make and subscribe to an oath or affirmation.


• The oath of office to the Governor is administered by the Chief Justice of the concerned State High Court.


• In his absence, the senior-most judge of that court (who is available).


• Every person discharging the functions of the Governor also undertakes the similar oath or affirmation.

ANSWER: 1, 3

Explanation:

Legislative powers and functions of Governor are -


• Governor is integral part of the state legislature.


• Governor can summon or prorogue the state legislature.


• He can dissolve the state legislative assembly.


• At the commencement of the first session after each general election and the first session of each year governor can address the state legislature.


• He can send messages to the Houses of state legislatures, regarding pending bills etc.


• When the offices of both the Speaker and the Deputy Speaker fall vacant, he can appoint any member of the state legislative assembly to preside over its proceedings.


• When the offices of both the Chairman and the Deputy Chairman fall vacant, he can appoint any member of the state legislative councils to preside over its proceedings.


• He nominates 1/6^th of the members of the state legislative council from amongst persons having special knowledge in literature, science, art, co-operative movement and social service.


• He can nominate 1 member to the state legislature assembly from the Anglo-Indian Community.


• He decides on the question of disqualification of members of the state legislature in consultation with the Election Commission.

When a bill is sent to the governor for assent he can -

1. give his assent to the bill; or

2. withhold his assent to the bill; or

3. return the bill (if it is not a money bill) for reconsideration of the state legislature. But, if the bill is passed again by the state legislature with or without amendments, the Governor has to give his assent to the bill; or

4. reserve the bill for the consideration of the President.


• In one case reserving bill for consideration of the President is mandatory.


• It is when the bill passed by the state legislature endangers the position of the State High Court.

Also, the governor can also reserve the bill if it is of the following nature -

1. Unconstitutional.

2. Opposes Directive Principles of State Policy.

3. Against the larger interest of the country.

4. Of huge national importance.

5. Dealing with compulsory acquisition of property under Article 31A of the Constitution.


• He can promulgate ordinances when the state legislature is not in session.


• These ordinances must be approved by the state legislature within 6 weeks from its re-assembly.


• He can also withdraw an ordinance any time.


• He lays the reports of the State Finance Commission, the State Public Service Commission, Comptroller and Auditor-General relating to the accounts of the state etc., before the state legislature.

ANSWER: All of the above

Explanation:

Judicial Powers of Governor -


• He can grant pardons, reprives, respites,commutation and remissions of punishment of a convict against any law relating to a matter to which the executive power of the state extends.


• President consults him while appointing the judges of the concerned State High Court.


• Governor makes appointments, promotions, transfers etc., of the district judges in consultation with the State High Court.


• Governor appoints people to the judicial service of the state (other than district judges) in consultation with the State Public Service Commission and State High Court.

Financial Powers of Governor -


• Governor causes the budget to be laid before the state legislature.


• His prior permission is needed for money bills to be introduced in the state legislature.


• No demand for a grant can be made without his recommendations.


• He can make advances out of the Contingency Fund of the state to meet any unforeseen expenditure.


• He constitutes a finance commission after every five years.


• It is to review the financial position of the panchayats and the municipalities.

Executive powers and functions of the Governor -


• All executive actions of the government of a state are formally taken in his name.


• He can make rules describing the way in which the Orders and other instruments made and executed in his name shall be authenticated.


• He can make rules for more convenient transaction of the business of a State Government.


• He can make rules for the allocation of said business among the ministers.


• He appoints the Chief Minister and other ministers.


• They also hold office during his pleasure.


• Governor appoints a Tribal Welfare minister in the states of Chattisgarh, Jharkhand, Madhya Pradesh and Odisha.


• He appoints the Advocate General of a State and determines his remuneration.


• The advocate general holds office during the pleasure of the Governor.


• He appoints the State Election Commissioner and determines his conditions of service and tenure of office.


• The State Election Commissioner can be removed only in manner and on the grounds as a judge of a High Court.


• He appoints the chairman and members of the state public service commission.


• But, they can be removed only by the President.


• He can seek any information relating to the administration of the affairs of the state and proposals for legislation from the Chief Minister.


• He can require the chief minister to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a minister but which has not been considered by the council.


• Governor can recommend the imposition of constitutional emergency in a state to the President.


• During President’s rule in a state, the Governor enjoys extensive executive powers as he is an agent of the President.


• Governor acts as the chancellor of universities in the state.


• He also appoints the Vice-Chancellors of universities in the state.

ANSWER: Only 2

Explanation:

• Pattern of government in the states is similar to that of the Centre.


• Part 6 of the Constitution, dealing with government of the states, is not applicable to Jammu and Kashmir (it has separate state constitution).


• Articles 153 to 167 in Part 6 of the Constitution deal with the State Executive.


• The state executive consists of the Governor, the Chief Minister, the Council of Ministers and the Advocate General of the state.


• The office of governor has a dual role - as an agent of the Central Government and as Chief Executive head of the state.


• However, he is a nominal executive head (titular or constitutional head).


• The 7^th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as a governor for two or more states.

Appointment -


• The governor is not elected.


• He is appointed by the president by warrant under his hand and seal.


• Appointing the Governor by the President is a feature adopted from the Canadian Constitution.


• He is sort of a nominee of the Central Government.


• But, as observed by Supreme Court in 1979, the office of governor of a state is not an employment under the Central government.


• It is an independent constitutional office.


• It is not under the control of or subordinate to the Central Government.

Constituent Assembly chose for the present system of appointment of because -


• The mode of direct election can create conflicts between the Governor and the Chief Minister.


• Being only a constitutional (nominal) head, there is no point in making arrangements for his election and spending huge amount of money.


• The election of a Governor would be entirely on personal issues.


• An elected Governor would belong to a party and would not be a neutral and an impartial head.


• The election of Governor would create separatist tendencies and thus affect the political stability and unity of the country.


• Presidential nomination helps the Centre to maintain its control over the states.


• The direct election of the Governor creates a serious problem of leadership during general election in the state.


• The Chief Minister would like his nominee to contest for governorship.


• Thus, a lesser than best man of the ruling party would be elected as Governor.

Qualifications in Constitution for the appointment of a person as a governor -


• He should be a citizen of India.


• He should have completed the age of 35 years.


• In addition to this, 2 conventions have also developed.


• One is that he should bean outsider, that is, he should not belong to the state where he is appointed.


• This makes him free from the local politics.


• Second is that while appointing the Governor, the President is needed to consult the Chief Minister of the state concerned.


• This will ensure that the constitutional machinery in the state functions smoothly.

ANSWER: Neither 1 nor 2

Explanation:

• The President can pardon, reprive, remit, respite, commute or suspend the punishment or sentence of any person convicted of any offence against a Central law.


• Governor can pardon, reprive, remit, respite, commute or suspend the punishment the punishment or sentence of any person convicted of any offence against a state law.


• The President can pardon, reprive, remit, respite, commute or suspend a death sentence.


• The Governor cannot pardon death sentence but he can remit, commute or suspend a death sentence.


• President can pardon, reprive, remit, respite, commute or suspend the punishment or sentence by a court-martial.


• Governor cannot do such a thing.


• Ordinance issued by the President has the same force and effect as an act of the Parliament.


• Ordinance issued by the Governor has the same force and effect as an act of the state legislature.


• Ordinances issued by the President are subject to same limitations which an act of Parliament face.


• Ordinances issued by the Governor are subject to same limitations which an act of state legislature face.


• President requires no instruction for making an ordinance.

Governor cannot make an ordinance without the instructions from the President in following 3 cases -

1. If a bill containing the same provisions would have required, the previous sanction of the President for its introduction into the state legislature.

2. If he would have deemed it necessary to re-serve a bill containing the same provisions for the consideration of the President.

3. If an act of the state legislature containing the same provisions would have been invalid without receiving the assent of the President.