Table of Contents
Governor of India | CHIEF MINISTER
Governor of India is mentioned in Part VI of the Constitution of India. The state government consists of the governor, the chief minister, and the state council of ministers. The provisions mentioned for states in the Constitution do not apply to the state of Jammu and Kashmir as it has its own Constitution. Article 153 of the Constitution of India says that all states will be Governors in all states of India, but according to the Seventh Amendment Act of 1956, a person can be Governor of two or more states.
The Governor of the State is the counterpart of the President of the State. The governor is the nominal head of state and the first citizen of the state. The Governor is not elected by the people of India or by members of Parliament and the State Legislature, as is the case with the President of India, but is appointed directly by the President of India. Although the governor is the agent of the central government in the state, the Governor of India
the Supreme Court in 1979 declared that the governor is not a job of the central government and is a separate constitutional body that is not under the control of the central government. If the person is the governor of two or more two states, the governor’s salaries and allowances are borne by the states equally.
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Qualification of Governor of India
To become governor of the state, there are only two qualifications mentioned in the Constitution of India:
A) You must be a citizen of India.
B) Must have reached at least 35 years of age.
In addition, 2 other things must be done before the appointment of the State Governor.
A) He must not belong to the state in which he is appointed Governor.
B) The President of India should consult the chief minister of the concerned state for the proper functioning of the government.
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TERM AND EMOLUMENTS of Governor of India
The governor of the state is appointed for a term of 5 years but is subject to the pleasure of the President of India. The governor’s term can be extended from 5 years by the president until the moment the successor takes office, however, the governor can be removed directly by the president before the end of 5 years for any reason. The state government plays no role in removing the state governor.
The state governor receives a monthly salary of Rs 3.50,000 / -pm. The state governor can resign before the 5 years expire by writing to the president of India. Corresponding Superior Court magistrate and, in his absence, the majority magistrate of the Superior Court.
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POWERS AND FUNCTIONS OF Governor of India
Executive Powers
Governor of India The Governor is the constitutional head of the State. He appoints the leader of the majority party as Chief Minister; He appoints the members of the council of ministers on the advice of the Chief Minister; Appoints the General Counsel, President and members of the respective State Public Commission, State Elections Commission. He is the Chancellor of the state universities and appoints the Vice-Chancellor.
Financial powers
Governor of India Articles 202 and 203 establish the financial powers of the Governor. The Money Bill cannot be presented in the State Legislative Assembly without the prior recommendation of the Governor. Grant applications cannot be made except on the recommendation of the Governor.
Emergency Powers
If any state of India is not working following the Constitution of India, the governor of the desired state has the power to give recommendations to the President of India to enforce the state emergency under article 356. The President only on the advice of the Governor declares a state of emergency. Under the proclamation of the state of emergency, the governor becomes the agent of the central government in the state and assumes the administration of the state in his hands.
Judicial powers
The governor appoints the district judges. He is consulted in the appointment of the Superior Court judges by the President; The governor appoints the Lokayuts of the state in question. By article 161, the governor has the power to grant pardons, pardons or remission of the sentence or to suspend, remit or commute the sentence of any person convicted of any crime against any law related to the executive power. the power of the state is extended. Similar power is conferred on the president through article 72.
The main differences are that the president can grant clemency in cases involving the death penalty and the president can pardon the punishments of court-martial sentences, but the governor of The state does not have the power to grant pardons in case of the death penalty.
CHIEF MINISTER
According to the Constitution of India, the Prime Minister of the state is the real head of the state and the real head of the state executive. The state prime minister is appointed by the state governor, but the governor does not have much choice, as he is obliged to appoint the party leader as the prime minister, who has won the majority of the seats at the assembly polls. state.
If no party has an absolute majority in the state Legislative Assembly or the majority party does not elect its leader, the governor may use some discretion in appointing the chief minister. But he must make sure that the Chief Minister can win the support of the majority in the legislature.
The Chief Minister is appointed for a maximum period of 5 years but remains in office until the party is the majority in the state assembly, but if the party fails to demonstrate a majority in the state assembly, he is obliged to resign. If the person is not a member of the state legislature, he can be appointed Chief Minister, but he must be elected within 6 months of his appointment. The Chief Minister takes an OATH in the presence of the State Governor.
Powers and functions
1. The Chief Minister forms the Cabinet. After his appointment, he prepares a list of Ministers and the Governor makes the appointment.
2. The Chief Minister distributes the department among the ministers. He takes care of the work of other ministers. He has the right to change the department of ministers at his will and desire.
3. Ministers remain in office for the pleasure of the Chief Minister. The governor may not remove any minister from the office of his own free will. The Chief Minister can ask any minister to resign if he is not satisfied with his work. He can make a change in his Cabinet whenever he wants.
4. The Governor cannot participate in Cabinet meetings. The Chief Minister convenes the Cabinet meetings and presides over its meetings. He also prepares and controls the agenda for cabinet meetings.
5. The Chief Minister informs the Governor of all decisions made by the Cabinet. The Council of Ministers receives advice from the Governor through the Chief Minister.
6. The Chief Minister is also the head of the legislature. He is the leader of the legislative assembly because his party has the majority in the legislature. The legislature generally acts under the direction of the Chief Minister.
7. The Chief Minister is the chief adviser to the Governor. Take the advice of the Chief Minister on the whole issue. The Governor makes all important appointments in the State with the advice of the Chief Minister.
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