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The federal government structure may be found in India. Between the Center and the States, there is a separation of powers. As a result of this separation, the three branches or organs of government have been established at both the federal and state levels, resulting in the existence of the Legislature, Executive, and Judiciary at both the federal and State levels.
The executive has assumed the most dominating role in the country of all these organs. While the President leads the executive branch at the federal level, the Governors lead the executive branch at the state level.
Article 153
Article 153 of the Constitution mandates that each State be represented by a governor. This article also states that a distinct Governor is not required for each State and that a person can be appointed as Governor of more than one State.
Article 154 of the Indian Constitution
The Governor’s position in the State is equivalent to that of the President of India, and the Governor, like the President, is the State’s Executive Head. This power is given to him under Article 154 of the Constitution, which states that the Governor has the Executive Power of the State.
According to article 154,
The Governor has executive power over the State, which he may exercise himself or through officers subordinate to him in conformity with this Constitution.
Nothing in this article shall be construed to:
(a) Transfer to the Governor any functions conferred on any other authority by any existing law.
(b) Prohibit Parliament or the State Legislature from conferring functions on any authority subordinate to the Governor by law.
What is the Procedure for Appointing the Governor?
Article 155 of the Constitution provides for the appointment of the State’s Governor. By a warrant in his hand and seal, the President of India appoints him. Thus, unlike the President, who is elected, no elections are held for Governor, and he is chosen directly. However, unlike the President, who is elected, a person can be appointed as Governor by the President’s power.
What is the Governor’s term of office?
Article 156 of the Constitution contains the provisions for the Governor’s tenure. The following concepts are defined in this article:
The Governor is appointed by the President and serves at his discretion. It means that a Governor serves until the President determines that he is no longer needed, and he can remove him at any moment.
The Governor can also resign from his position at any time throughout his term. He can resign by informing the President of his intention to do so in writing.
Unless the Governor resigns or is removed by the President, the Governor’s standard term is five years from the date he takes office.
Article 163 of the Indian Constitution
The Governor is helped and advised by the Council of Ministers, according to article 163.
There will be a Council of Ministers, with the Chief Minister at the helm, to assist and advise the Governor in the performance of his duties, save when he is compelled to do so by or under the Constitution or if he chooses to do so at his discretion.
The Governor’s council of ministers is to assist and advise him, which implies that any acts performed by the Governor must be after the council of ministers’ assistance and advice.
The decision’s conclusion is that the Governor’s discretionary power is not unlimited but is limited by the assistance and advice of the council of ministers.
Observation of the Court
He (the State’s Governor) had no role in the speaker’s removal; he had no authority to interfere in the Speaker’s power under the anti-defection law; and he had no basis to act on the views of a group of 21 breakaway Congress MLAs, who clearly did not constitute a two-thirds fraction (which is required to be considered a party split) of the 47-member Congress Legislature Party to be lawfully recognized.
Article 164 of the Indian Constitution
According to article 164, Only “other provisions of the chief minister” are mentioned in Article 164.
The Governor must designate the chief minister, according to Article 164. This does not, however, imply that the Governor may designate anybody as Chief Minister. According to the conventions of the parliamentary form of government, the Governor must appoint the Chief Minister as the leader of the majority party in the state legislative assembly. When no one party has a clear majority in the legislature, however, the Governor may choose and install the Chief Minister at his discretion.
When the results of legislative assembly elections are announced, and a political party or alliance wins a majority of seats, the MLAs of that party/coalition meet and pick a leader, who is then invited by the Governor to form the government.
Conclusion
The Governor is the State’s Executive Head, and the Governor’s powers are often similar to those of the President of India. A person can be named Governor of two or more states, and their nomination is unchallengeable.
He has the legislative authority to grant or deny assent to a bill. The authority to convene and adjourn the State Assembly. He also has judicial authorities, such as the ability to award pardons. The Governor plays a crucial role in financial concerns as well, and many financial bills can only be introduced on the Governor’s proposal.
