State Executive Srishti srivastava
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Tenure The Governor is appointed for a term of five years but normally holds office during the pleasure of the President. He/she may resign before the expiry of the term or may be removed by the President earlier while appointing or removing or transferring the Governor the President takes advise of the Prime Minister
Allowances -He/she is entitled to a rent-free residence which is called Raj Bhawan. His/her emoluments, allowances and privileges are specified by the law However the emoluments and allowances of the Governor cannot be reduced during his tenure salary from consolidated fund of India.
Oath Before CJ of HC or in his absence, before senior most judge available If he dies or resigns then Rajasthan high court held that CJ of HC can be appointed as an acting governor in place of vacancy in governor's office
Immunities to Governor Shall not be answerable to any court for exercise duties and performance of powers of his office . No criminal proceedings can be instituted or continued in any court during his terms of office
No process for arrest or imprisonment of governor from any court during his terms of office Civil proceedings against him, in which relief is claimed, can be instituted giving 2 months prior notice
Immunities to president 1.- The President is not answerable to any court of law for the exercise of his functions 2.-The President can neither be arrested nor any criminal proceedings be instituted against him in any court of law during his tenure 3- The President cannot be asked to be present in any court of law during his tenure 4- A prior notice of two months time is to be served before instituting a civil case against him
Powers & functions of Governor Executive Powers of governor He or she has all executive powers in hands. All executive actions are proceeded under his name Executive powers of governor extend to all matters on which state legislature can make laws
In case of concurrent list executive powers of governor are subjected to executive powers of the President. Make rules for convenient transactions of all works of government 94th amendment, In Jharkhand, MP, Chhattisgarh & Orissa, it is special responsibility of the governor to see that a minister is placed incharge of tribal welfare
. Appoints the Advocate General, Chairman and members of the respective State Public Commission . Appoint members of state election commission & state finance commission .Acts as a chancellor of universities in state:s
.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
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.
. In Manipur governor shall have special responsibility to secure proper functioning of committee of legislative assembly consisting of members elected from hill areas of state Responsibility of governor of Sikkim for peace and social and economic advancement (Equitable arrangement) of different sections of population of Sikkim Governor sends report to the President that the gov. of state can not be carried on, in accordance with the constitution. He makes such report purely on his discretion, not on advice of COMs
Bill Reserved by Governor When a Bill is reserved by a Governor, under the Article 201, for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent there from- Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.
. 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
under extraordinary situations, the Governor gets an opportunity to exercise his/her authority according to his/her discretion. Since the 1967 General Elections, when several States opted for Samyukta Vidhayak Dal (SVD) governments, due to the discretionary powers, the office of the Governor has become quite controversial. The Governors have acted according to their whims and on certain occasions have tried to please the ruling party at the National Government level.
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.
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.
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