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The Governor is the state’s nominal executive head. He is a key state executive member, serving as the chief executive head. The President appoints the Governor.
Governor’s Constitutional Provisions
Part VI of the Indian Constitution establishes the nomination of a governor by the Union and powers of government. According to Article 153, each state must have its own Governor. Governors of two or more states can be appointed simultaneously. In ‘Dual Capacity,’ the Governor serves as both the state’s constitutional leader and representative. He is a member of the Indian polity’s federal system, serving as a link between the federal and state administrations. The Indian Constitution’s Articles 157 and 158 define the qualifications for the governorship.
Here’s what they are:
A governor is required to be an Indian citizen. Have a minimum age of 35 years.
He must not be a member of either the national or state legislatures. Holding a profit-making position is not allowed.
The Governor’s term is generally five years. However, it can be terminated early if the President dismisses him on the advice of the country’s ministerial council, which the country’s prime minister leads. Governors are not permitted to be fired without cause. On the other hand, the President is responsible for removing a governor whose actions have been proven to be illegal by the courts.
Governor
The state executive comprises the Governor and the Council of Ministers, shown by the Chief Minister. The President appoints the Governor of a State for a five-year term and keeps office during his pleasure. Only Indian citizens over the age of 35 are eligible to hold this position. The Governor has executive power over the state.
Except to the extent that he is compelled to exercise his powers or any of them in his discretion by or under the Constitution, the Governor is assisted and advised by the Council of Ministers, shown by the Chief Minister.
What is the procedure for appointing a governor?
The Indian President appoints Governors for each state by a warrant signed by him and sealed.
The federal government appoints the governors of each state.
Unlike presidential elections, there are no direct or indirect elections for Governor.
Note:
A governor is an independent constitutional post from the federal government. The Governor is neither an employee nor a subordinate of the federal government.
According to the Canadian model of governance, the Union nominates a governor, subsequently selected by the President.
Roles in the Constitution
Article 153 of the Indian Constitution mandates the appointment of a governor for each state.
Under Article 154 of the Indian Constitution, the Governor has executive power over the state, which he can use himself or through officers subordinate to him.
The President appoints the Governor of a State by warrant under the hand and seal, according to Article 155.
According to Article 157, a person must be a citizen of India and have achieved the age of 35 to be considered for the position of Governor.
Assembly of Legislators
A state’s legislative Assembly (Vidhan Sabha) is made up of not more than 500 and not less than 60 members elected directly from territorial seats within the state. The demarcation of geographical constituencies should be done in such a way that the population of each constituency is proportional to the number of seats given to it across the state. Unless it is dissolved early, the term of an assembly is five years.
Functions and Powers
The state legislature has exclusive authority over the issues in List II of the Constitution’s Seventh Schedule and concurrent authority over those listed in List III. Authorization of expenditure, taxes, and borrowing by the state government are all financial authorities of the legislature. These recommendations can be accepted or rejected by the Assembly.
Conclusion
The Governor of a state is more than a symbol. He is not constrained by the views of the state Chief Minister, and he has a few powers in his prudence. The job of the Governor is far from pointless. The Governor connects the federal and state governments. He is the President’s operator in the country when he serves as the nominal and constitutional head of state regularly, as well as when he serves as the entire head of state during the President’s rule term.
The Governor relies on his foresight in advising the President of an emergency in the state. He has the authority to determine whether the state’s constitutional machinery has been disrupted or not. As a result, the Governor has a significant role in the governance of a state in the country.
