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Governor

The document outlines the role and powers of the Governor in the Indian constitutional system, detailing articles 153 to 167 of the Indian Constitution. It covers the appointment, qualifications, duties, and immunities of the Governor, as well as recommendations from the Sarkaria Commission regarding the appointment criteria. Additionally, it provides a list of current Governors and their dates of joining various states.

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0% found this document useful (0 votes)
11 views4 pages

Governor

The document outlines the role and powers of the Governor in the Indian constitutional system, detailing articles 153 to 167 of the Indian Constitution. It covers the appointment, qualifications, duties, and immunities of the Governor, as well as recommendations from the Sarkaria Commission regarding the appointment criteria. Additionally, it provides a list of current Governors and their dates of joining various states.

Uploaded by

Neha
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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G.S.

HUB CIVIL SERVICES CLASSES


B.P.S.C. By RITESH ANAND
MENTORSHIP PROGRAM 8287417384
ANJALI JOSHI (4th Rank Holder 68th BPSC)

Governor
In Part VI , Articles 153 to 167 The affairs of the state are conducted in the
166
The Governor is the highest post under the name of the Governor.
constitutional system of the state. Duties of the Chief Minister – To inform the
167
• This position plays a dual role: Governor.
o Titular or constitutional head of the state Session, prorogation and dissolution of the
174
executive State Legislature (power of the Governor).
o Central Government Representative Governor's Speech and Message before the
• The State Executive consists of:
175
Legislative Assembly.
o Governor Governor's Speech at the First Session of the
o Chief Minister 176
Legislature.
o Council of Ministers 200 Governor's assent to bills.
o Advocate General of State
Power to reserve bills for consideration of
201
the President.
Constitutional provisions relating to the Governor
213 Power of Governor to make ordinances.
• Articles 153 to 167 of Part VI of the Indian
Governor's Report for Recommendation of
Constitution deal with the State Executive. 356
President's Rule
• These articles deal with the provisions relating to
the appointment, qualifications, powers, duties
and office of the Governor.
Appointment of Governor
• The Governor is appointed by the President by
Article
Subject warrant signed and sealed .
Number
• Neither direct elections, nor any special
153 There shall be a Governor for each State.
electorate is constituted for them (as is the
The executive power of the state will be
154 case for the President).
vested in the Governor.
• It is based on the Canadian model, in which the
The Governor shall be appointed by the
155 central government appoints the governor.
President.
• Thus, the Governor is the nominee of the
The Governor shall act at the pleasure of the Central Government.
156
President.
• Nevertheless, the Supreme Court in the case
157 Eligibility for the post of Governor. of Hargovind Pant v. Raghukul Tilak (1979)
158 Governor's Terms. said:
159 Governor's oath or affirmation. o The post of Governor is not an
Arrangement of Governor's Duties in employment under the Central
160
Emergency Situation. Government.
Power to Governor to grant pardon, o It is an independent constitutional
161
remission of sentence, etc. post, which is neither under the control
Periphery of the executive power of the of the Centre nor subordinate to it.
162
state.
Council of Ministers for assistance and Qualifications to become Governor
163
advice of Governor. • The Indian Constitution lays down only two
Appointment of Ministers, Appointment and qualifications:
164 1. Must be a citizen of India.
Tenure of Chief Minister.
Appointment of the Advocate General of the 2. Must be at least 35 years of age.
165
State.

Add- New Chanakya Nagar, M. N. Roy Gali, Begusarai


G.S. HUB CIVIL SERVICES CLASSES
B.P.S.C. By RITESH ANAND
MENTORSHIP PROGRAM 8287417384
ANJALI JOSHI (4th Rank Holder 68th BPSC)

Recommendations of the Sarkaria Commission (1983- o If one person is the Governor of two
88) states, the salary is borne by the states
• The following criteria should be in place for the in the proportion decided by the
appointment of the Governor: President
a. A person of repute in some field. • Current Salary: ₹3.5 lakh per month
b. Be an outsider from the concerned state.
c. Be unconcerned with local politics. Immunities received by the Governor
d. I haven't been active in politics lately. • The Governor enjoys personal immunity for
• The leader of the ruling party at the Centre his official functions.
should not become the Governor of a state • During his tenure, he faces no criminal
where another party is in power. prosecution – even for personal actions.
• The process of consultation with the Chief • Civil proceedings can be conducted only if 2
Minister may be included in the Constitution months prior notice has been given for that
(Article 155) by amending. act.
• The Prime Minister should seek informal • He cannot be arrested or imprisoned during his
advice from the Vice President and the Lok tenure.
Sabha Speaker .
Term of Office
Oath of Governor (Article 159) • The Governor remains in office for 5 years
• The oath is administered by the Chief Justice from the date of assumption of office.
of the concerned High Court. • But this period depends on the pleasure of the
• In his absence, the oath is administered by the President — that is, the President can remove
senior-most judge. at any time.
• In the oath, the Governor takes the following • If 5 years have elapsed, and the successor has
pledge: not come, the Governor can continue in office
o Will discharge the post loyally. until the successor takes charge.
o We will protect and obey the • The Governor can be reappointed, in the same
Constitution and laws. state or in another state.
o He will remain dedicated to the service
and welfare of the people of the state. Governor's Resignation
• The Governor can tender his resignation
Terms of Post through a letter addressed to the President .
• The Governor can neither be a member of the
Parliament or the State Legislature . Dismissal of Governor
• If he is a member before his appointment, his • According to the Constitution, the Governor
membership shall be deemed to have ceased as holds office at the pleasure of the President.
soon as he enters upon his office. • The President can remove the Governor at any
• He cannot occupy any other office of profit. time — there is no specific ground prescribed
in the Constitution for this.
Facilities available to the Governor • Surya Narain vs Union of India (1981):
• Free use of Raj Bhavan o The Supreme Court said that the
• Salaries, allowances and privileges as President's "pleasure" cannot be
prescribed by Parliament judicially examined.
o There cannot be a cut in salary during • Conclusion:
the tenure o The Governor has no tenure security .

Add- New Chanakya Nagar, M. N. Roy Gali, Begusarai


G.S. HUB CIVIL SERVICES CLASSES
B.P.S.C. By RITESH ANAND
MENTORSHIP PROGRAM 8287417384
ANJALI JOSHI (4th Rank Holder 68th BPSC)

o His post is not permanent and can be • Reservation veto: Reserving bills for
removed anytime. consideration of the President

Transfer of Governor Comparison of the position of the President and the


• If the President wishes, the Governor of a state Governor
can transfer to another state, for the rest of the Aspects President Governor
term. The Constitution Discretionary
Discretionary does not give the decisions
Powers and Duties of the Governor Power possibility of possible in some
The powers of the Governor are divided into the discretion cases
following sections:
Such an
1. Executive Powers Advice of the
Binding after the obligation was
• Appointment of Chief Minister and Ministers Council of
42nd Amendment not expressly
• Assigning portfolios to ministers Ministers
given
• Appointment of key officers of the state
administration
• Signing of Government Orders Discretionary Powers of the Governor
• Appointments of State Service Commission, Constitutional Discretion:
Lokayukta • Sending the Bill to the President
• Recommending President's Rule (Art. 356)
2. Legislative Powers • Being the administrator of a neighbouring
• Convening, adjourning and dissolving sessions Union Territory
of the Legislative Assembly (Art. 174) • Fixation of Mineral Royalty (for North Eastern
• Delivering an Address to the Legislative States)
Assembly (Sec. 175) Situational Discretion:
• Reserving Bills for consideration of the • When no party has a clear majority, the Chief
President (Art. 200) Minister is appointed.
• Speech in the First Session of the House (S.O. • Dismissal when the Council of Ministers cannot
176) gain the confidence of the House.
• Issuance of Ordinances (Sec. 213) • Dissolution of the Assembly
State Governor Date of Joining
3. Financial Powers Andhra
Syed Abdul Nazeer 24 Feb 2023
• The budget is presented in the legislature only Pradesh
with the permission of the governor. Arunachal Kaivalya Trivikram
• Appointment of State Finance Commission
16 Feb 2023
Pradesh Parnaik
• Submission of CAG report in the Assembly Laxman Prasad
Assam 30 Jul 2024
Acharya
4. Judicial Powers Arif Mohammad
• Article 161: Power of pardon, penalty Bihar Khan
2 Jan 2025
mitigation, change of sentence or punitive
Chhattisgarh Ramen Deka 31 Jul 2024
break
P. S. Sreedharan
Goa 15 Jul 2021
Pillai
5. Veto Powers
• Full veto: Rejecting the bill Gujarat Acharya Dev Vrat 22 Jul 2019
• Suspended veto: Reverting for amendment Haryana Bandaru Dattatreya 15 Jul 2021

Add- New Chanakya Nagar, M. N. Roy Gali, Begusarai


G.S. HUB CIVIL SERVICES CLASSES
B.P.S.C. By RITESH ANAND
MENTORSHIP PROGRAM 8287417384
ANJALI JOSHI (4th Rank Holder 68th BPSC)

State Governor Date of Joining


Himachal
Shiv Pratap Shukla 18 Feb 2023
Pradesh
Santosh Kumar
Jharkhand 27 Jul 2024
Gangwar
Thawar Chand
Karnataka 11 Jul 2021
Gehlot
Rajendra
Kerala 2 Jan 2025
Vishwanath Arlekar
Madhya
Mangubhai C. Patel 8 Jul 2021
Pradesh
Maharashtra C. P. Radhakrishnan 27 Jul 2024
Manipur Ajay Kumar Bhalla 3 Jan 2025
Meghalaya C. H. Vijayashankar 27 Jul 2024
Hari Babu
Mizoram 6 Nov 2021
Kambhampati
Nagaland La. Ganesan 20 Feb 2023
Hari Babu in Designated as
Odisha
Kambhampati Governor of Odisha
Punjab Gulab Chand Kataria 27 Jul 2024
Rajasthan Haribhau Bagade 27 Jul 2024
Sikkim Om Prakash Mathur 31 Jul 2024
Tamil Nadu R. N. Ravi 18 Sep 2021
Telangana Jishnu Dev Varma 31 Jul 2024
N. Indrasena Reddy
Tripura 26 Oct 2023
Nallu
Uttar Pradesh Anandiben Patel 29 Jul 2019
Uttarakhand Gurmit Singh 15 Sep 2021
West Bengal C. V. Ananda Bose 23 Nov 2022

Add- New Chanakya Nagar, M. N. Roy Gali, Begusarai

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