Governor of State in India
The Governor of the State of India has similar powers and functions at the state level as those of the President of India. The is also called Rajyapal.
He/She is the titular head of the state and the agent of the centre as the Union government nominates of Governor in each state.
Article 163 upsc
There shall be Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion.
- The executive power of the state is vested Governor and all executive action in the state taken in the name of the governor.
- But he has to act as the nominal head of the state due to parliamentary system.
- As per article 153, there shall be governor for each state.
- But an amendment of 1956 makes it appointed of the governor for two or more states.
- The governor is not elected but appointed by the President and hold office at the pleasure of the president.
Eligibility of Governor
- Any citizen of India over 35 years of age is eligible for the office.
- He must not hold any office of profit, not be a member of the legislature of the union or of any state according to Article 158.
Sarkaria Commission has suggested that a person to be appointed as governor should satisfy:
- Should be eminent in some walk of life.
- should be a person from outside the state.
- should be a detached figure and not intimately connected with local polities of the state.
- should be a person who has not taken too great a part in politics generally and particularly in the recent past.
- In selecting a governor in accordance with the above criteria, persons belonging to the minority groups should continue to be given a chance as hitherto.
As per the constitution, the governor is appointed by the president by a warrant under his hand and seal. But in actual practice, the governor is appointed by the President on the recommendation of the Prime Minister.
Term of Governor
- The normal term of governor’s office shall be five years.
- Governor continues in office till his successor joins the office.
- Governor may lose his office by resignation or the dismissal by the president.
- Governor gets his salary from the Consolidated Fund of the state which is non-votable in the State Legislature.
Power and Functions of the Governor
- The Governor is the head of the state executive and has enormous powers.
- In the exercise of functions and powers, the Governors, except in some case is to be guided by a council of ministers headed by Chief Minister under Article 163.
- The powers of the governor are divided into six, that are Executive, Legislative, Financial, Judicial, Discretionary and Miscellaneous Powers.
Executive Powers of Governor
- All executive actions of the state government are formally taken in the name of the governor.
- Governor appoints the Chief Minister and other ministers. They also hold office during his pleasure.
- Governor appoints the Advocate-General of the state and determines his remuneration. The advocate general holds his office during the pleasure of the governor.
- Governor appoints the State Election Commissioner and determines his condition of service and tenure of office.
- Governor appoints the Chairman and Members of the State Public Service Commission. But they can be removed only by the President and not by the Governor.
- Governor can seek any information relating to the affairs of the state and the proposals for legislation from the Chief Minister.
- Governor can require the Chief Minister to submit for the consideration of the council of ministers on any matter.
- Governor cam make rules specifying the manner in which the orders and other instruments made and executed in governors name, shall be authenticated.
- Governor can make rules for the more convenient transaction of the business of the government and for the allocation among the ministers of the said business
- Governor can recommend for the imposition of President’s rule in the state to the President under Article 356. During such rule, the governor enjoys extensive executive powers as an agent of the President.
Legislative Powers of Governor
- Governor is an integral part of the state legislature. But he is not a member in either house of the legislature.
- In this capacity the governor enjoys the following legislative powers:
- Governor has the right to summon or prorogue the state legislature and dissolve the State Legislative Assembly.
- Governor can address the state legislature at the commencement of the first session after each general election and the first session of each year.
- the governor can send messages to the house of the state legislature relating to a bill pending in the legislature.
FAQ
1.Who is rajyapal in India?
- Rajyapal in India are the governors of state, who is titular head of the state.
