Appointment, Power and function | Governour of India
Appointment of Governor
According to Article 155 of Constitution, the Governor of every, state is appointed by the President. Governor is the head of the state executive and all the administrative works of the state is done in his name. According to the Constitution, there shall be a Governor for one or more than one states.
Tenure of Governor
Tenure of a Governor is 5 years, but the President can remove him earlier also. Indian Constitution gives significant rights to the Governor. He enjoys certain powers on his discretion within the Constitution.
Powers and Functions of Governor
The powers and functions given to the Governor by the Constitution can be categorised in the following manners
He will summon or prorogue the State legislative assembly and dissolve the State Legislature. A bill gone by assembly becomes an act after the assent of the Governor. The Governor may reserve some bills for the consideration of the President.
He can promulgate ordinances when the State Legislature isn’t in session. These ordinances must be approved by the State Legislature within the period of 6 weeks from the date of its reassembly. He nominates one sixth members of the State Legislative Council.
He can nominate one member of the State Legislative Assembly from the Anglo-Indian community. He can address the State Legislature at the commencement of the primary session after each election and therefore the first session of every year.
All executive actions of the govt of a state are formally taken in his name.
He appoints the Chief Minister and other ministers on the advice of Chief Minister. He can seek any information relating to the administration of the affairs of the state and proposals for legislation from Chief Minister. He can recommend the imposition of constitutional emergency during a state to the President.
Money Bills are often introduced within the State Legislature only together with his prior recommendation. No demand for grant are often made except on his recommendation.
He is consulted by the President whereas appointing the judges of the involved State High Court. He makes appointments, posting and promotions of the district judges in consultation with the State High Court. He can grant pardon to any person convicted of any offence against law relating to a matter to which the executive power of the state extends but he cannot pardon a punishment by court Martial, only the President has such right. He appoints persons to the judicial service of the state in consultation with the State high court and therefore the State Public Service Commission.
Discretionary powers of the Governor
Governor Article 153 of the Constitution deals with the office of Governor of the state. All executive powers of the states are vested in with Governor. all the administrative decision of the state are taken in his name. Although, the Governor works on aid and advise of the Council of Ministers, but in following circumstances, he enjoys his discretionary powers
☆ He appoints Chief Minister on his discretion. if no party gets majority vote.
☆ He takes decision on the recommendations of itself Minister to dissolve Vidhan Sabha.
☆ He gives information to the President about political – situation in the state.
According to Dr PK Sen, “The Governor is not only the nominal head, but he is a significant person, it is his dotty to ensure that the administration of state is going on in a right way or not.” .
Relationship between Governor and Chief Minister
Chief minister and others ministers are appointed by Governor the chief minister is the chief advisor to Governor and advises on appointing the council of minister. The chief minister bridge between the council of minister’s and the Governor . It is the duty of Chief Minister to communicate to Governor of the state regarding all decision of the council of the state and proposal for legislation.