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Executive of the States

Executive of the States

The Governor of India and the Indian Constitution

The state, like the center in India, has a limited government structure. The governor is the state’s head, and he has executive authority over the state. The governor is appointed with the consideration of the president of India and serves at the president’s pleasure. A governor can be appointed by any Indian citizen over the age of 35. He is ineligible to occupy any profit-making post. He should not be a member of the Union or State legislatures (Article 168). In India, there are two sorts of governors. Governors exist in each state, as do Lieutenant-Governors/Administrators in Union Territories and the National Capital Territory in Delhi.

Governor’s Authority

The governor shall have executive, legislative, financial, and judicial powers. However, he lacks the diplomatic, military, and emergency authorities that the President of India possesses in the Indian Polity and Constitution.

Executive Authorities: The council of ministers exercises these powers in the name of the Governor. As a result, the Governor serves merely as a ceremonial head, while the Council of Ministers serves as the true executive.

He is the state’s constitutional head, and he picks the leader of the majority party as chief minister. He can obtain whatever information he desires from the chief minister. He appoints the state public commission’s advocate general, chairman, as well as members.

2. Legislative Powers: He is a member of the state legislature. No bill becomes law until and until the governor signs it. He has the authority to withhold a measure and send it to the President for review. At the suggestion of the Chief Minister or as instructed by the President, he has the authority to dissolve the State Assembly before the end of its term. He is in charge of presenting the yearly budget to the Vidhana Sabha.

3. Judicial Powers: District judges are appointed by the governor. The President consults him on the nomination of High Court justices. He has the authority to pardon, remit, or commute the sentence of a person convicted by a state court. 

4. Financial Authority: He is responsible for presenting the yearly budget to the Vidhana Sabha; no money bill can be tabled without his prior consent.

5. Discretionary Powers: If no party obtains a majority, the Governor may exercise his discretion in selecting the Chief Minister; during an emergency, he may ignore the advice of the council of ministers. In such situations, he acts as the President’s agent and becomes the true ruler of the state; he exercises his authority through the submission of a report to the President on the state’s affairs, and he can withhold his consent to a measure and send it to the President for approval.

Governor Appointment: The Governor of a State is appointed by the President by warrant under his hand and seal in the Indian Polity and Constitution.

Governor’s term of office

(1) The Governor shall serve at the discretion of the President.

(2) The Governor may quit his position by writing to the President under his hand.

(3) A Governor shall continue to maintain office until his successor takes office, notwithstanding the expiry of his term.

Governor’s office conditions

(1) In the Indian Polity and Constitution, the Governor may not hold a membership of either the House of Parliament and any House of the Legislature of different State specified in the First Schedule, however, if he holds a membership of either the House of Parliament and any House of Legislature associated with such State is appointed Governor, will be abolished by the Indian political institution. 

(2) The Governor may not hold any other profit-making post.

(3) The Governor needs to be entitled to the usage of his official residency without payment of rent, as well as such emoluments, allowances, and privileges as may be determined by Parliament by law and, until such provision is made, such emoluments, allowances, and privileges as are specified in the Second Schedule. When the person is appointed as the Governor of more than one state, the emoluments, as well as allowances payable to the Governor, are divided among the states in the proportion determined by the President by order.

(4) The Governor’s emoluments and allowances must not be reduced throughout his tenure of service.

Conclusion

People may believe that the position of the governor is pointless and a financial burden on state governments, however, the governor’s duty is critical. He acts as a link between the federal and state governments. The governor must ensure that a stable administration is created in the state, as well as investigate the legality of the laws approved by the state legislature and suggest president rule throughout the state if the constitutional machinery fails in the Indian Polity and Constitution. Thus, the office of the governor is critical to the good functioning of democracy.