The State Executive

GOVERNOR

 

Appointment

 

             Appointed by the President (Art 155)

 

Terms

  • For the period of five years.
  • Holds office at the pleasure of the President (Art 156)
  • The pleasure of the President cannot be questioned in the Court.
  • The Governor may, writing under his hand addressed to the President, resign from his office.

 

Eligibility condition

 

  • Must be citizen of India.
  • Completed the age of 35. (Article 157)
  • Cannot be member of Parliament or of any of the state legislature.
  • Cannot hold any other office of the profit.

 

Salary & emoluments

 

  • Gets a monthly emoluments of  1 Lakh (Act 158, under 1987 Act )    Entitled to free official residence.
  • Given to such allowances and privileges as were enjoyed by a provincial governor at the commencement of the constitution.
  • When the same person is appointed as Governor of two or more states, the emoluments and allowances payable to the governor is allocated among the states in such proportion, as the president may be order determine. 

 

Powers and functions

 

 The Governor is to be guided by the Council of Ministers (Art 163)

 

The Governor possesses the followings powers:-

 

Executive Powers

 

  • Appoints the Advocate General, the members of the State Public Service Commission and judges of subordinate courts (Art 165, 316,283 and 284).
  • Members of the State Public Service Commission cannot be removed by the Governor.
  • Appoints the Chief Minister and other ministers on the advice of the Chief Minister.
  • Determines the royalty for mineral licenses to District-Councils in case of tribal areas of Assam (under the 6th schedule)
  • Makes report to the President about the failure of the constitutional machinery in the state.
  • Gives assents to Bills.
  • Reserves a state bill for the consideration of the President (Article 200)

  

Legislative Powers

 

  • nominates the members to the Legislative Council of the state from the fields of literature, science, art co-operative movement and social service [Art 17 (3) (e) (5)]
  • Nominates to the legislative Assembly, a person from the Anglo-Indian community if he feels the community needs representation. (Art -333)
  • Summons and prorogues the two Houses of the legislature and can dissolve the Legislative Assembly of the state (Art- 174)
  • Issues ordinance, which are valid up to 6 months.
  • Power to nominate two women in the Legislative Assembly of J & K.

 

Judicial Powers

  • The power to grant pardons. Power to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends. (Art- 161) 

 

Financial Powers

  • Causes the Annual Financial Statement to be laid before the House or Houses (Art 202).
  • A money bill cannot be introduced and demand for grant cannot be moved without the recommendation of the Governor.