Though there are varied and distinct sets of qualifications assigned by the Constitution of India for various executive posts. The qualifications that are required to become a governor comprises of two main tenets:
- The person must be a Citizen of India.
- The person must attain the age of 35 years.
CONDITIONS OF A GOVERNOR’S OFFICE
- The person must not be a member of either House of the Parliament.
- A governor must not be a member of the House of State Legislature.
- A governor must not hold any office of profit.
- A governor has the right to immunity in case of any official criminal proceedings.
- A governor cannot be imprisoned or arrested.
- A governor may be subjected to civil proceedings. However he must be notified prior to the proceeding.
- The allowances and privileges that are enjoyed by the Governor are guaranteed by the Parliament.
- If a Governor is vested with the responsibility of more than one state, his allowances are shared between the states.
- He is provided with a residence by the State.
POWERS AND FUNCTIONS OF THE GOVERNOR
There are varied forms of powers that are enjoyed by the Governor as sanctioned by the Constitution.
EXECUTIVE POWER OF THE GOVERNOR
- A governor has the power to demand information from the State government on matters pertaining to the welfare and functioning of the State.
- All the official executive functions that happen in the state proceed with his name.
- He recommends Constitutional emergency or President’s rule in the state.
- A Governor enjoys extensive executive powers as an agent of the Centre.
- The power and privileges that are enjoyed by the Governor in the state are almost similar to the powers that are enjoyed by the President in the Central level.
- The Governor is vested by the Constitution with the power of appointing candidates for the following posts,
- The Chief Minister of the State
- The Council of Ministers for the State.
- Judges of District courts.
- Vice Chancellors of the State Universities
- The State Advocate General
- The State Election Commissioner
- Chairman of State Public Service Commission
- Members of State Public Service Commission
LEGISLATIVE POWERS OF THE GOVERNOR
- The Governor enjoys the authority to appoint 1/6th of the members of the Legislative Council.
- The Governor is vested with the power to summon as well as dissolve the State Legislature.
- The Governor also enjoys the authority to promulgate ordinances pertaining to State as well as Concurrent lists.
- The Governor has the right to nominate one member belonging to the Community of Anglo Indians to the Legislative assembly.
- The Governor has the power to either assent or hold a bill. He can further transfer the bill for the advice of the President.
- The Governor has the power to disqualify members of Election commission if a situation as such arises.
- The Governor has the privilege of addressing the first session of the State Legislative Assembly every year.
JUDICIAL POWERS OF THE GOVERNOR
- The Governor has the power to grant pardon or lower sentences to cases pertaining to State Laws. The Governor however doesn’t have the power to grant pardon in case of death sentence.
- The Chief Justice of the High Court of that respective State is decided by the President after consultation with the Governor.
FINANCIAL POWERS OF THE GOVERNOR
- The Governor has the right to recommend in case of a Money Bill.
- Has the responsibility to look after the proper presentation of the Annual Budget in the State Assembly.
DISCRETIONARY POWERS OF THE GOVERNOR
- The Governor has the power with regards to the selection and appointment of the Chief Minister.
- Has the power to dismiss the council of ministers.
- Has the authority to dismiss the Legislative Assembly.
- In case of emergency, can seek President’s rule.
FACILITIES ENJOYED BY THE GOVERNOR
Many allowances, emoluments as well as privileges are enjoyed by the Governor as sanctioned by the Governor’s Act of 1982. In addition to the monthly salary, the Governor enjoys the following privileges,
- Rent free residence
- Free conveyance
- Medical facilities
- Medical accommodation
- Rent free household facilities
CONCLUSION
The Governor as sanctioned by the Constitution enjoys many powers and privileges. He is also assigned with varied duties and functions.