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Governor (India)

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The governors and lieutenant-governors of the states and union territories of India have similar powers and functions at the state level as that of the President of India at Union level. Governors exist in the states while lieutenant-governors exist in union territories and in the National Capital Territory of Delhi. Governor acts as the nominal head whereas the real power lies in the hand of the chief ministers of the states and the chief minister's Council of Minister.

In India, a lieutenant governor is in charge of a union territory. However, the rank is present only in the union territories of Andaman and Nicobar Islands, Delhi and Puducherry (the other territories have an administrator appointed, who is an IAS officer). However, the governor of Punjab acts as the administrator of Chandigarh. Although lieutenant-governors do not hold the same rank as a governor of a state in the list of precedence.

The governors and lieutenant-governors are appointed by the president for a term of 5 years.

Selection process

Qualifications

Article 157 and Article 158 of the Constitution of India specify eligibility requirements for the post of governor. They are as follows:

A governor must:

Powers and functions

The primary function of the governor is to preserve, protect and defend the constitution and the law as incorporated in his oath of office under Article 159 of the Indian constitution in the administration of the State affairs. All his actions, recommendations and supervisory powers (Article 167c, Article 200, Article 213, Article 355, etc.) over the executive and legislative entities of a State shall be used to implement the provisions of the Constitution. In this respect, the governor has many different types of powers:

  • Executive powers related to administration, appointments and removals,
  • Legislative powers related to lawmaking and the state legislature, that is Vidhan Sabha or Vidhan Parishad,
  • Discretionary powers to be carried out according to the discretion of the governor.

Executive powers

The Constitution vests in the governor all the executive powers of the state government. The governor appoints the chief minister, who enjoys the support of the majority in the Vidhan Sabha. The governor also appoints the other members of the Council of Ministers and distributes portfolios to them on the advice of the chief minister.

The Council of Ministers remain in power during the 'pleasure' of the governor, but in the real sense it means the pleasure of the Vidhan Sabha. As long as the majority in the Vidhan Sabha supports the government, the Council of Ministers cannot be dismissed.

The governor appoints the chief minister of a state. He or she also appoints the Advocate General and the chairman and members of the State Public Service Commission. The president consults the governor in the appointment of judges of the High Courts and the governor appoints the judges of the District Courts. All administrations are carried on his or her name, he or she also has the power to appoint staff for his tenure in class one and class four as per constitution of India.

Legislative powers

The governor summons the sessions of both houses of the state legislature and prorogues them. The governor can even dissolve the Vidhan Sabha. These powers are formal and the governor while using these powers must act according to the advice of the Council of Ministers headed by the chief minister.

The governor inaugurates (to dedicate) the state legislature by addressing it after the assembly elections and also at the beginning of the first session every year. The governor's address on these occasions generally outlines new policies of the state government. A bill that the state legislature has passed, can become a law only after the governor gives assent. The governor can return a bill to the state legislature, if it is not a money bill, for reconsideration. However, if the state legislature sends it back to the governor for the second time, the governor must assent to it. The governor has the power to reserve certain bills for the president.

When the state legislature is not in session and the governor considers it necessary to have a law, then the governor can promulgate ordinances. These ordinances are submitted to the state legislature at its next session. They remain valid for no more than six weeks from the date the state legislature is reconvened unless approved by it earlier. [1]

Governor is empowered under Article 192 to disqualify a member of a House of the State legislature when the election commission recommends that the legislator is no longer complying with provisions of Article 191.

Financial powers

Money bills can be introduced in the State Legislative Assembly only on the prior recommendation of the governor. He also causes to be laid before the State Legislature the annual financial statement which is the State Budget. Further no demand for grant shall be made except on his recommendation. He can also make advances out of the Contingency Fund of the State to meet any unforeseen expenditure. Moreover, he constitutes the State Finance Commission.

Discretionary powers

The governor can use these powers:

  • If no party gets an absolute majority, the governor can use his discretion in the selection of the chief minister.
  • During an emergency he can override the advice of the council of ministers. At such times, he acts as an agent of the president and becomes the real ruler of the state.
  • He uses his discretion in submitting a report to the president regarding the affairs of the state.
  • He can withhold his assent to a bill and send it to the president for his approval.

Emoluments

Governor's pay
Date established Salary (per month)
1 January 2006 ₹110,000 (US$1,300)
Source:[1]

Various emoluments, allowances and privileges available to a governor are determined by the Governors (Emoluments, Allowances and Privileges) Act, 1982.[1]

In addition to the monthly salary, the governor is entitled to rent free official residence, free household facilities and conveyance. The governor and his family are provided with free medical attendance, accommodation and treatment for life.[1]

Removal

The term of governor's office is normally 5 years but it can be terminated earlier by:

  1. Dismissal by the president (usually on the advice of the prime minister of the country) at whose pleasure the governor holds office.[2]
  2. Resignation by the governor[2]

There is no provision of impeachment, as it happens for the president.

Under Article 361 of the constitution, governor can not be summoned for questioning except on his voluntary willingness to testify in the court in support of his controversial deeds though the unconstitutional decisions taken by the governor would be declared invalid by the courts. The case would be decided by the courts based on the facts furnished by the union government for the governor's role. As clarified by the Supreme Court in the case 'Rameshwar Prasad & Ors vs. Union of India & ANR 24 January 2006', though governor can not be prosecuted and imprisoned during his term of office, he can be prosecuted after his term of office for the guilty committed during his term of governorship as declared earlier by the courts.[3] No governor has resigned on impropriety to continue in office for declaring and nullifying his decisions as unconstitutional by the courts till now. No criminal case at least on the grounds of disrespecting constitution is lodged till now against former governors to punish them for their unconstitutional acts though many decisions taken during the term of governorship had been declared by Supreme Court as unconstitutional, mala fide, void, ultra vires, etc.[4]

Analysis of role in Government

While the President of India is "elected", the governor is "selected" by the incumbent central government.[5] That is why there have been many instances when governors appointed by a previous government are removed by an incoming government. The reasons are more political. The supreme court has ruled that governors should be given security of term but this is generally not adhered to.[5]

Political observers have described governorship as "plush old age homes" wherein the governor does not stay impartial and act against popular state leaders. In 1984, Congressman Ram Lal dismissed the N. T. Rama Rao government and allowed Nadendla Bhaskar Rao as chief minister of Andhra Pradesh for 31 days.[6]

In January 2014, the Central Bureau of Investigation (CBI) approached the Union Law Ministry under the UPA Government to record statements of West Bengal Governor M. K. Narayanan and Goa Governor Bharat Vir Wanchoo.[7] Their statements were considered vital as Narayanan was National Security Adviser and Wanchoo was Chief of Special Protection Group (SPG) at the time of signing of contract with AgustaWestland. Their views were also considered before Indian Government signed the contract with Agusta Westland. However, Union Law ministry stonewalled CBI probe by rejecting CBI's request to examine them claiming they had 'immunity'.[8] UPA was defeated in the 2014 general election and with the incoming NDA Government's permission, West Bengal Governor M. K. Narayanan became the first ever Governor to be questioned by police in a criminal case. The CBI questioned M. K. Narayanan as a "witness" in ₹ 3600-crore 2013 Indian helicopter bribery scandal. The CBI said Goa Governor Bharat Vir Wanchoo would be questioned in the same case.[9][10]

Notes

  • The term governor can refer governors as well as lieutenant-governors where applicable.
  • ^ Source: Wikisource

References

  1. ^ a b c "1982 Act" (PDF). Archived from the original (PDF) on 3 February 2013. Retrieved 7 May 2013.
  2. ^ a b "Article 156, The Constitution Of India". Archived from the original on 25 July 2012. Retrieved 7 May 2013.
  3. ^ "Rameshwar Prasad And Ors vs Union Of India And Anr on 24 January, 2006". Retrieved 2 July 2015.
  4. ^ "The Prevention of Insults to National Honour (Amendment) Act, 1971" (PDF). Retrieved 2 July 2015.
  5. ^ a b "Changing UPA's governors: Why Tharoor is only half-right". Retrieved 27 June 2014.
  6. ^ "Why the post of governors should be abolished". Retrieved 27 June 2014.
  7. ^ "CBI seeks Home, Law ministries' advice to examine B V Wanchoo, M K Narayanan".
  8. ^ "VVIP chopper deal: CBI seeks President's permission to question Narayanan, Wanchoo". The Times Of India.
  9. ^ "Chopper Scam: CBI Questions WB Guv M.K. Narayanan". Retrieved 27 June 2014.
  10. ^ "VVIP chopper deal: Governors can be questioned while in office, says Attorney General". Retrieved 27 June 2014.

See also

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