State Executive Srishti srivastava
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Legislative Powers of governor . He has Power to nominate1 member to lower house (Legislative assembly) from Anglo Indian community He can nominate 1/6th of total number of members to upper house (Legislative council) . Summons state legislature, prorogue either house & can dissolve legislative assembly No bill can become a law until the Governor signs it
May give his assent or withhold his assent toa bill . He Can withhold a bill and send it to the President for consideration He may return to legislature (one time only) except money bill
.He has power to dissolve the State Assembly before the expiry of its term on the advice of the Chief Minister or as directed by the President. . Causes the annual Budget to be presented in Vidhan Sabha (Legislative assembly) No money bill/ ordinary bill financial bill can be introduced in the Assembly without his prior approval
Financial Powers of governor No money bill / ordinary bill / financial bill can be introduced in the Assembly without his prior approval. No demand for grant can be made in vidhan sabha except on his recommendations
He has power To introduce annual budget in state legislature showing estimated revenue and expenditure of state for that year He Can make advances out of contingency fund of state in case of unforeseen expenditure
Ordinance making powers of governor .He Can issue ordinances when one or both the houses of state legislature are not in session and if he thinks about the certain actions are needed to be taken immediately. Limitation-he is prohibited from promulgating ordinances that contains provisions, which under the constitution requires previous sanction of the President. In such cases, he can make ordinances taking prior permission of President An ordinance issued by governor ceases to be itn operation 6 weeks after the re-assembly of the legislature unless approved earlier
Judicial Powers of governoir . He has the power to grant pardon, reprieve, respite or remission of punishment or to commute sentences in certain cases, subjected to the laws of state legislature . in cases of death sentence he does not has the power to grant pardon But can commute or respite it.
Emergency Powers Constitutional machinary of states break down- Governor has Power to tell President whenever he thinks that a situation has arisen in which accordance with the provisions of the constitution, thereby, inviting President to assume to himself function of government of the state
Few other powers On advice of election commission, he may decide a matter relating to disqualification of a member of legislature, if his election is challenged through a petition by some voters of the state Annual reports of various bodies like state Public Service Commission, Contropoller and Auditor General, State finance commission etc. are submitted to governor that he causes to be laid before legislature for consideration
In matters relating to reservation of bill for consideration of President, Governor may act on his own Appointment of CM, if no political party has a clear cut majority or does not have an acknowledged leader Dismissal of ministry, when it refuses to resign after losing majority support in house via no confidence motion .Dissolution of legislative assembly on advice of council of minister who has lost majority support in house
. When the bill is again presented to the President for the assent, the president is not bound to give his assent to the Bill. This means that the statee legislature cannot override the veto power of the President. The Constitution has also not prescribed any time limit within which the President has to take decision with regard to a bill reserved by the governor for his consideration . the President can exercise pocket veto in respect of state legislation also
Council Of Ministers Council of minister with CM at its head aid and advice the governor in exercise of his functions Governor is bound to follow advice of COMs except in cases where he can use his discretionary powersS . Council of minister is collectively responsible to legislative assembly of the state Any person can be appointed as the minister but ceases to be one, if he is not elected as a member of the state legislature within 6 months after his appointment as a minister
Whereas the constitution does not provide much discretionary powers to President, it empowers the governor to exercise some functions in his discretion & while exercising his discretionary powers, Governor need not seek or act according to advice rendered by COMs
Sarkaria Commission report on office of Governor (Recommendations only) . A politician belonging to ruling party at the center should not be appointed as governor of state being run by some other party Must be appointed after consultation witlh state concerned Must be a detached figure from state politics & must retain power to refer any bill to center for assent
The Chief Minister is appointed by the Governor the person who has majority support in the State Legislative assembly is appointed as CM The other Ministers are appointed by the Governor on the advice of the Chief Minister .The ministers included in the Council of Minister's must belong to either House of the State legislature.
. A person who is not a member of the State legislature may be appointed a minister but he/she should be elected to the State legislature within six months of his appointment. The portfolios to the members of the Council of Ministers are allocated by the Governor on the advice of the Chief Minister
The Chief Minister furnishes such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for. . If the Governor so requires, the Chief Minister submits for consideration of the Council of Ministers any matter on which a decision has been taken by a minister but which has not been considered by the Cabinet.
Advocate General of State He Has right to participate in proceedings of the house or houses of state legislature He does not have right to vote Right to audience in any state court Gives advice to state government upon legal mattersS Enjoys all legislative privileges available to members of legislature
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