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Everything you need to know about CLAT: Registration, Syllabus, Admit Card, Exam Pattern, and Dates » CLAT Study Material » Legal Reasoning » Immunities to Governor
CLAT Scholarship

Immunities to Governor

If you have an interest in learning about the immunity given to governors in India and all the things related to it, then go ahead and read this post.

Table of Content
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A governor is a public servant who serves as the nominal or constitutional leader of a non-sovereign or sub-national level of government while also being selected by the head of state and controlling the executive branch. The individual governor’s authority varies substantially depending on the political system; he is the centre’s agent since the union government nominates governors. Some governors have merely nominal or ceremonial power, while others have complete control of the government. Before taking office, the governor must take an oath or affirmation and subscribe to it. In the absence of the Chief Justice of the Concerned High Court, the Governor takes the oath of office from any Senior Most Judge of that High Court.

Discussion

Immunization to governor in India is also the primary obligation of a state governor in the administration of state affairs, as stipulated in the Indian Constitution’s constitutional duty, is to protect, guard, and defend the Constitution and the law. As a result, the Governor’s acts, suggestions, and supervisory duties over a state’s government’s executive and legislative branches must be employed to carry out the Constitution’s mandates. 

Employers must give you a reasonable amount of time off from work to carry out your duties as a school governor, but they do not have to pay you when you take time off.

Governors should agree with their employer what is reasonable time off taking into account:

  • how much time is required overall to perform the duties
  • whether you are also being given time off from work for other activities
  • the particular circumstances of your employer’s business
  • The likely effect that your absence may have on your employer’s business.

The powers of the Governor of the states are of 4 types, which are as follows:

  • Executive power
  • Legislative power
  • Judicial power
  • Financial power

Governor’s immunities

The governor cannot be summoned for interrogation under constitutional immunity granted to governors under Article 361(2) of the constitution unless he voluntarily agrees to testify in court in favour of his aggressive actions, even if the governor’s unlawful acts are pronounced invalid by the courts. The courts will decide the matter based on the facts provided by the union government in support of the governor’s function. Though a governor cannot be prosecuted and imprisoned while in office, action done by the Governor in his discretion is final and cannot be put into question, constitutional immunity granted to governors under Article 361 and Article 163 of the Constitution, action taken by the Governor in his discretion is final and cannot be called into question. He can be tried after stepping down from the governorship for the crimes he committed during his time, as the courts have already determined. Until recently, no governor has resigned due to impropriety in office after the courts declared and nullified his decisions as illegal that is why immunity to governor in India is given. Despite the fact that several decisions made during the governorship have been pronounced unconstitutional, mala fide, invalid, extra vires, and so on by the Supreme Court, no criminal prosecution has been filed against previous governors to punish them for their unconstitutional activities.

Conclusion

Till now, you will surely understand a lot of things about the immunity to governor in India and the function of the Governor, his powers, how the system works, and a lot more by now. In conclusion, The Governor is the state’s chief executive and has a wide range of duties and responsibilities; he may or may not enact laws to facilitate the state government’s business operations. He has the authority to call a special session of the state legislature and dissolve state legislative assemblies. He examines the state budget as it is presented to the state legislature, and this is why the immunity to governor in India is granted and why immunization to governor in India is required. If you have any doubts and questions regarding this topic, please reread the post once again and if you want to learn more about some other similar topic, then stay connected with us.

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What is the significance of the 86th Amendment act 2002?

Ans : The 86th Amendment act was initiated in order to provide children a fundamental right to free and compulsory e...Read full

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Ans : The 86th Amendment act was initiated in order to provide children a fundamental right to free and compulsory education as well as emphasizing on children’s rights with regards to adequate schooling within close proximity.

Ans : In order for a child to receive free and compulsory education, they are required to attend school within close proximity of their residences, besides this the parents will be responsible for fulfilling a child’s right with regards to their education by sending them for school

Ans : Right to Education (RTE) was initiated and formed by an Indian legislation act, which gives children a fundamental right of free and compulsory education at the elementary level, regardless of their religious or cultural origins.

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