Functions and powers of governor:
The Government of India Act of 1935 served as the basis for the majority of the provisions found in the Indian Constitution. As a result, the Governors were "by the Raj, of the Raj, and for the Raj" under this Act. The members of the subcommittee, B.G. Kher, K.N. Katju, and P. Subbarayan, proposed the members of the Constituent Assembly. Since then, conflicts between the Chief Minister's and Governor's authority have arisen, leading to the establishment of the system of appointed governors for each state.
The Constitution of India provides for the position of a Governor in every State. Article 153 lays out that there shall be a Governor for each state and in some cases, the same person can be appointed as Governor of two or more states as facilitated by the 7th Constitutional Amendment Act of 1956. The Governor is the chief executive head of the State but he enjoys only nominal or titular power like the President of India. The Governor, on the other hand also acts as the agent of Central Government which means that his office has a dual role.
Appointment and Qualifications:
According to Article 155, the President must issue a warrant bearing his seal in order to designate the Governor. This means that, unlike the President, he is neither directly chosen by the people nor indirectly by the electoral college.
The term of office for the governor is typically five years, but Article 156 specifies that the governor may only serve at the president's leisure or until he or she resigns.
There are only two requirements in the Indian constitution for someone to be appointed as a governor. According to Article 157, a candidate for governorship must be an Indian citizen and at least 35 years old in order to be appointed.
Conditions of governor's office:
A person must meet a number of requirements in order to hold the position of Governor, as stated in article 158. These include the following: a) He shall not be a member of either the Houses of Parliament or the Legislature; b) He shall not hold any office of profit; c) He shall be entitled to use free official residence and other allowances, emoluments, and privileges; d) If he is appointed as the Governor of two or more states, he will be entitled to emoluments and allowances in accordance with funds distributed among the States proportionately as determined by the President
Powers and functions:
The executive, legislative, financial, and judicial authorities that the governor of state possesses are summarised as follows.
Administrative tasks:
1) He formally authorises all state government executive activities (Article 166).
2) The Chief Ministers and other Ministers must be appointed by him.
3) In the states of Chattisgarh, Jharkhand, Madhya Pradesh, and Odisha, he has the authority to nominate Tribal Welfare Ministers. (The 94th Amendment Act, 2006 excluded Bihaar.
4) The State Election Commissioner and Advocate General are appointed by him.
Additionally, the Governor cannot remove the State Public Service Commission's Chairman or members; only the President may do so.
5) Despite being unable to postpone a state of emergency, he can suggest to the President that one be declared under the constitution.
6) He appoints vice chancellors for the state's institutions in addition to serving as the institution's Chancellor.
Legislative tasks:
1) He has the authority to convoke, prorogue, and dissolve the State Legislative Assembly.
2) In addition to the first session of every year, he addresses the State Legislature at the beginning of each session.
3) He may designate any member of the State Legislative Assembly to preside over its proceedings in the event that the speaker's or deputy speaker's positions become vacant.
4) He chooses candidates from among those with specific knowledge to nominate one-sixth of the Legislative Council members.
5) He has the authority to rule on the disqualification of a State Legislature member after consulting with the Election Communion.
5) He has three options after the measure has been approved by the legislature: he can sign it, refuse to sign it, or send it back for revision. He must grant the bill his consent if it is passed by the Legislature once more, with or without the amendment. He may also put the bill on hold for the President's review.
6) The most significant legislative power is the ability to enact ordinances when the state legislature is not in session. These laws must be approved by the legislature within six weeks of its reconstitution.
Judicial powers:
1) According to Article 161, he has the authority to pardon, commute, and suspend punishments for anyone found guilty of breaking any law.
2) The President consumes him when he names judges for any State High Court.
The Governor appoints, posts, and promotes District Judges after consulting with the State High Court.
Financial tasks:
1) He sees to it that the State Legislature is presented with the Annual State Budget (Annual Financial Statement).
2) A money measure can only be introduced in the State Legislature with his prior approval.
3) He can use the state's contingency fund to cover expenses if there are any unforeseen events.
4) Additionally, he creates a Finance Commission to examine the financial standing of the Panchayats and Municipalities every five years.
The constitutional position of governor :
The Governor lacks the authority to exert actual power because he is only the official head of state. The Chief Minister and Council of Ministers are given real authority. Analysis of his constitutional position, as stated in Articles 154, 163 (discretionary power), and 164, must specifically allude to these provisions.
According to Article 256, each state must exercise its executive authority in accordance with the legislation passed by the Parliament. It also provides that the Union may use its executive authority to instruct the State when the Government deems it appropriate for a particular reason.
It is very evident from Article 257 (1 and 2) that the executive power of the States should be exercised without impeding the executive power of the Union. It also includes giving instructions to a State for the development and upkeep of communication infrastructure that has been deemed crucial for national security or military purposes.
In accordance with Article 355, the Union government is tasked with protecting the States from external aggression and domestic unrest as well as making sure that each State's government is operating in accordance with the Constitution.
According to Article 356, the Union Government may directly take control of the State Machinery if the State Government is unable to operate in accordance with the Constitution's guidelines. Once the President of India has given his approval, the state's governor may declare.
Article 357 focuses on the Central Government's utilisation of its legislative authority granted by the Proclamation it issued in accordance with Article 356.
The Governor may act at his or her discretion, according to the constitution; the President does not have this option. The 42nd Constitutional Amendment Act of 1976 also made ministerial advice binding on the President, but not on the Governor. If there is any disagreement, the Governor has the final say and may decide to take further action or not. Thus, it can be claimed that while he has constitutional discretion, his actions must follow the Union government's lead.
Special powers and responsibilities of governor:
The Governor is given several unique duties under the President's discretion. The final decision is up to him, even though he must consult the Chief Minister and the Council of Ministers. Here are a few examples.
• Creating distinct development boards for Vidarbha and Marathwada in Maharashtra, Saurashtra and Kutch in Gujarat, and Hyderabad-Karnataka in Karnataka.
• As long as there is internal unrest in the Naga Hills—the Tuensang region—there will be no law and order in Nagaland.
• Regarding the management of Assamese tribal lands.
pertaining to Manipur's hill regions' administration.
• Concerning law and order in Arunachal Pradesh For ensuring the socioeconomic growth of the various sectors of the population in Sikkim.
Governor position: judgement and recommendations
The post of governor has frequently been abused, particularly to further the interests of the center-right majority party. The governor's appointment procedure might be held responsible for this. The majority of the time, the government will pick a governor who adheres to a specific political viewpoint, which goes against the nonpartisan or neutral governor's constitutional role. Biases as a result of this have been particularly pronounced in Goa and the State of Karnataka.
Very important questions about the duties and authority of the governor in accordance with the elected government of a state and the legislature have recently come up in Rajasthan (2020). It was the first time that the governor postponed convening the assembly despite the state cabinet's request that he do so as he raised queries and sought answers regarding the house's agenda. It should be noted that, even if the Governor offers a different date, he is required to sign the order. The elected alone has the power to choose the proposed session's start date.
The Supreme Court's seven-judge constitutional panel ruled in Shamsher Singh v. State of Punjab in 1974 that "The Governor has no right to refuse to act on the advice of the Council of Ministers." A position like that is counter to the idea of responsible government. The Governor's role is revealed in this statement.
Conclusion:
The governor's authority and duties have been the subject of intense discussion during the last few years. A few examples include Karnataka (2018), Meghalaya (2018), Goa (2017), and Goa.
The Union government ordered the governor of Karnataka, Vajubhai Vala, to preside over an all-party virtual meeting in order to address a similar issue, which put Karnataka in the news recently (2021). According to the constitution, he is not allowed to host any party-related events, and the Chief Minister alone has the authority to summon meetings.
The appointment procedure for governors needs to be revised, and state governments should be included, for the office of governors to work efficiently and sustain institutional credibility.
The selection, authority, and operation of the governors who can serve as the guardian of the constitutional government require a constitutional amendment that incorporates both political and legal consensus. He or she should not function solely at the direction of the Union Government and should not be polarised to any one party or ideology.
He must be neutral and use his judgement when carrying out his duties as governor. In order for a Constitutional Democracy to work properly, the job of a governor is crucial. Therefore, a well-coordinated hiring process should be used, his duties should be defined, and he should have the freedom to operate without following orders from the Central Government.
Reference:
Indian polity(Laxmi kanth)
