GOVERNOR

GOVERNOR

TOPIC: Polity

Context- In recent years, the bitterness between states and Governors have been largely about the selection of the party to form a government, deadline for proving majority, sitting on Bills, and passing negative remarks on the state administration.

• Last week, West Bengal Chief Minister Mamata Banerjee blocked Governor JagdeepDhankhar on Twitter. She said she was “forced” to do so because of his “unethical and unconstitutional” statements and accused him of treating government officials like “his servants”.

Concept-

The Governor – Appointment

• President of India appoints the Governor of State by warrant under his hand and seal for a five-year term.
• The Governor is not directly elected by the people, and neither is he elected indirectly by a special electoral college.

Qualifications: The Indian Constitution specifies two basic qualities for the selection of a Governor.

1. He should be an Indian citizen.
2. He must be at least 35 years old.

Over time, the following conventions have emerged:

1. He should be an outsider who does not reside in the state where he will be appointed.
2. When appointing the Governor of a state, the President must consult with the state’s Chief Minister.

Constitutional Position: The provisions of Articles 154, 163, and 164 of the Constitution empower the constitutional post of Governor.

• Article 153 of the Indian Constitution mandates the appointment of a Governor in each state. The 7th Amendment to the Constitution however, allows for the appointment of the same person as Governor of two or more states.
• Article 154: The Governor shall have executive power over the state, which he shall exercise either directly or through officers subordinate to him in conformity with this Constitution.
• Article 163: There shall be a council of ministers, led by the Chief Minister, to assist and advise the Governor in the exercise of his powers, except when he is compelled to execute his functions at his discretion.
• Article 164: The council of ministers is collectively responsible to the state’s legislative assembly. This provision is the cornerstone of the state’s parliamentary system of governance.
• The Governor has the same Executive, Legislative, Financial, and Judicial authorities as the President of India. However, the Governor’s power is restricted in several ways compared to that of the President, as the Governor lacks the President’s military, diplomatic, and emergency authorities.