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LAXMIKANT: CHAPTER 30.10 THE GOVERNOR BY NANDINI MAHARAJ
ABOUT ME o BA (Hons.) History e Lady Shri Ram College for Women MA Applied Human Rights o Sheffield Hallam University o Kapila Hingorani Scholar o Hobbies: reading, dancing o Rate, review and recommend! o Follow me e https://unacademy.com/user/NandiniMaharaj/courses
TOPICS o Constitutional Position of the Governor
CONSTITUTIONAL POSITION Article 154: executive power of the state is vested in the Governor o Nominal executive of the state o Real executive: council of ministers headed by the CM
CONSTITUTIONAL POSITION Article 163: Council of ministers headed by the CM to aid and advise the Governor except in matters in which she has to exercise her discretion. Article 164: Council of Ministers shall be collectively responsible to the legislative assembly of the state. Foundation of the Partiamentary system of government in the state.
CONSTITUTIONAL POSITION o Difference between the constitutional positions of the Governor and the President: o Governor has some matters within her discretion, President has none o Ministerial advice is binding on the President (42nd CA 1976). No such provision w.rt, the Governor.
CONSTITUTIONAL POSITION o The Governor has constitutional discretion in the olLowina cases: o Reservation of a bull for the consideration oft e President, o Recommendation for the imposition of Presidents Rule in the state o When exercising functions as the administrator of a UT in case of additional charge
CONSTITUTIONAL POSITION o The Governor has constitutional discretion in the following cases: o Determining the amount payable by the Governmenb of Assam, Meghalya, Tripua and Mizoram to an autonomous Tribal District Council as royalty accruing from License for mineral exploration o Seeking information from the CM w.r.t. administrative and Legislative matters of the state.
CONSTITUTIONAL POSITION o If any question arises if a matter is within the discretion of the governor, then the decision of the governor is final. o validity of anything done by her cannot be called into question on the ground that she ought to not have acted in her discretion.
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