20-11-2024
10:51 AM
Prelims: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.
Mains: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.
The Governor serves as the chief executive head of a state. However, like the President at the national level, the Governor acts as a titular or nominal head (constitutional head). Additionally, the Governor functions as an agent of the central government, giving the office a dual role.
While each state usually has its own Governor, the 7th Constitutional Amendment Act of 1956 allows the same person to be appointed as Governor for two or more states. Though primarily a nominal head of the state executive, the Governor holds considerable influence in the state's polity through various executive, legislative, and judicial powers.
The Governor, along with the Chief Minister, the Council of Ministers, and the Advocate General of the state, constitute the state executive. Articles 153 to 167 in Part VI of the Indian Constitution outline the structure and functions of the state executive. The constitutional provisions outlined in these articles address various aspects of the Governor's office, including appointment, qualifications, powers, functions, and other related matters.
The Governor is not directly elected by the people, nor is there an indirect election through a specially constituted electoral college as with the President. Instead, under Article 155, the President appoints the Governor through a formal warrant under his hand and seal, effectively making the Governor a nominee of the central government.
The Draft Constitution proposed a directly elected Governor through universal suffrage, but the Constituent Assembly opted for the Presidential appointment to avoid conflicts with the Chief Minister, reduce costs, and preserve the Governor's neutrality. Direct elections risked fostering separatism and prioritizing personal issues over national interests. Presidential nomination ensures qualified candidates and helps the Centre maintain stability and control during state elections.
The Governor ensures the rule of law is upheld and may suggest measures to maintain peace, security, and public order when required. According to the Sarkaria Commission on Centre-State Relations (1983-88), the selection and appointment of a Governor should adhere to the following guidelines:
The Governor holds the supreme constitutional authority in the State and plays a central role in its democratic framework. Article 157 specifies only two qualifications for a person to be appointed as Governor. These are as follows:
Before assuming office, the Governor must make and subscribe to an oath or affirmation, pledging to faithfully execute the office, to preserve, protect, and defend the Constitution and the law, and to dedicate themselves to the service and well-being of the people of the state.
Article 158 outlines the conditions for the office of the Governor. The Governor must not be a member of either House of Parliament or any state legislature. Upon appointment, they are deemed to have vacated their seat in the legislative body.
The Governor, like the President, is entitled to several privileges and immunities. He/She enjoys personal immunity from legal liability for official acts. During the term of the office, the Governor is immune from criminal proceedings, even for personal actions, and cannot be arrested or imprisoned. However, civil proceedings can be initiated against the Governor for personal acts, provided a two-month notice is given during their term in office.
A Governor holds office for a term of five years from the date they assume office, but this term is subject to the pleasure of the President. The Governor can resign at any time by submitting a resignation letter to the President.
The Governor's powers and functions are largely analogous to those of the President of India. However, the Governor does not possess diplomatic, military, or emergency powers like the President.
The Constitution of India establishes a parliamentary system of government in the states, similar to that at the Centre with the Governor acting as a nominal head. The real executive power is vested in the council of ministers headed by the Chief Minister. The constitutional position of the Governor is defined by Articles 154, 163, and 164.
The Constitution grants the Governor final authority in deciding whether a matter falls within his discretion, and his actions cannot be challenged on this basis. The Governor exercises constitutional discretion in situations such as reserving bills for the President’s consideration and recommending the imposition of the President’s Rule.
The Governor, like the President, also exercises situational discretion (i.e. hidden discretion arises from the demands of a prevailing political situation)in cases such as appointing a Chief Minister when no party has a clear majority or when the current Chief Minister dies unexpectedly.
Question 1. Consider the following statements: (UPSC Prelims 2018)
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans: (c)
Question 2. Which of the following are the discretionary powers given to the Governor of a State? (UPSC Prelims 2014)
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4
Ans: (b)
Question 3. Which one of the following statements is correct? (UPSC Prelims 2013)
(a) In India, the same person cannot be appointed as Governor for two or more States at the same time
(b) The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President
(c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post
(d) In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support
Ans: (c)
Q1. Who appoints the Governor of a state in India?
Ans. The Governor of a state in India is appointed by the President of India.
Q2. What is the term length of a Governor's office?
Ans. A Governor holds office for a term of five years, but this term is subject to the pleasure of the President.
Q3. What are the basic qualifications required to become a Governor in India?
Ans. To become a Governor in India, a person must be a citizen of India and at least 35 years old.
Q4. Can the Governor be a member of the state legislature?
Ans. No, the Governor cannot be a member of either House of the state legislature.
Q5. What is the Governor’s role in the appointment of the Chief Minister?
Ans. The Governor appoints the Chief Minister, usually the leader of the majority party in the state legislature, or someone who can command the confidence of the House.
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