Make Note On Governor Appointment

The Indian Constitution establishes the role of the Governor in India. According to Article 153, each State must have a governor. The 7th Constitutional Amendment Act of 1956 made it possible for the same individual to be appointed Governor of two or more states. The Governor is the State’s chief executive. However, he has only nominal or titular power, similar to the President of India. On the other hand, the role of the Governor in India is as a representative of the federal government, implying that his office has two functions. The president appoints the governors and lieutenant governors for a five-year tenure.

Governor Of India

Governors of India’s states have similar authorities and responsibilities to those of the president of India at the national level. States have governors, but union territories, such as the National Capital Territory (NCT) of Delhi, have lieutenant governors. The role of the governor in India is as a ceremonial leader, while the chief ministers of the states and their councils of ministers have real power. Except in the NCTs of Delhi and Puducherry, where the governor shares power with a council of ministers led by a chief minister, the Powers and Functions of the Governor are not valid in the union territory. It lies with the lieutenant governor or an administrator. 

Tenure, Appointment, and Qualification

• Appointment of Governor Article 155 by President under his warrant seal. It means that he is neither directly elected by the people nor indirectly by the electoral college, as in the case of the President
• The term of the office of the Governor is usually 5 years. Still, Article 156 lays out that the Governor shall hold office only during the pleasure of the President and resignation by the Governor
• The constitution of India provides for only 2 qualifications for a person to be appointed as a Governor. Appointment of Governor Article 157 highlighted that no person should be eligible for Governor unless he is a citizen of India and has completed 35 years

Governor’s Office Conditions

Article 158 stipulates that a person holding the position of Governor must meet specific requirements. They are:

1. a) He shall not be a member of either House of Parliament or the Legislature
2. b) He is not permitted to take any profit-making position
3. c) He will be entitled to free official resident allowances, payments, and privileges
4. d) his emoluments and allowances shall not be reduced throughout his term of office

Functions and Powers

The Powers and Functions of the Governor of State wield executive, legislative, budgetary, and judicial powers.

Executive functions include the following.

• All the state government’s executive activities are formally taken in his name (Art 166)
• He is in charge of selecting Chief Ministers and other Ministers
• In the states of Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, he has the authority to nominate Tribal Welfare Ministers (94th Amendment Act, 2006 excluded Bihar)
• The State Election Commissioner and the Advocate General are both appointed by him
• He also appoints the Chairman and members of the State Public Service Commission, but only the President, not the Governor, has the power to remove them

Functions of the legislature

• He can summon or prorogue the State Legislature and dissolve it
• He speaks to the State Legislature at the start of each session and the first session of each year
• If the speaker or deputy speaker’s position becomes vacant, he has the authority to appoint any member of the State Legislative Assembly to preside over the proceedings
• He appoints 1/6th of the Legislative Council members from people with specialised knowledge
• He has the authority to disqualify a member of the State Legislature after consulting with the Election Commission

Financial Power

• He ensures that the State Legislature receives the Annual State Budget (Annual Financial Statement)
• He can use the state’s Contingency Fund to cover expenses in unanticipated situations
• He also appoints a Finance Commission every five years to assess the Panchayats’ and Municipalities’ financial standing

Judicial Authority

• He has the authority to give pardons, reprieves, suspensions of punishments, and the power to commute the sentences of anyone convicted of breaking any law (Article 161)
• He is consumed by the President while appointing judges to any State High Court
• The Governor appoints, posts, and promotes District Judges in cooperation with the State High Court

Conclusion

Governors are the top executive officers of the fifty states, five commonwealths, and territories and are all chosen by the people. The powers and functions of Governor are to be in charge of enforcing state laws and overseeing the state executive branch’s operations as state managers. Governors use a variety of instruments as state leaders to establish and pursue new and altered policies and initiatives, including executive orders, executive budgets, and legislative bills and vetoes. Governors are supported and assisted in carrying out their management and leadership responsibilities and objectives by department and agency heads, many of whom they have the authority to select. A majority of governors can also appoint state court justices, usually from a list of candidates submitted by a nominations’ committee.