The constitution of India applies the same pattern of government in the states by appointing the Governor. Governor of the state is equal to the president in the union. But they will be power limitations for governor when comparing with the president of India.
Governor acts as a representative of the president to the state. He periodically reports what is happening in the state, but its an independent post.
From the Article 153 to 167 of the constitution deal with the state executive, the state executive consists of the governor, the chief minister and the council of ministers, advocate general of the state.
The Governor is the nominal head of the state. Usually, there is a governor for each state, But 7th constitutional amendment act of 1956 facilitated appointing of the same person as governor for two states.
Appointment of Governor
- The Governor is not directly or indirectly elected by the electoral college.
- He is appointed by the president.
- He can be Governor of states up to the pleasure of the president.
- Constitution framers think that conducting the election for the nominal head of the state will the loss of money and time. So they avoided the practice of conducting the election for the president.
- But in the American model, the governor will be directly elected by the people.
- Hence, the constitution lays down only two qualifications for the appointment of the governor.
- He should be a citizen of India.
- He should have completed the age of 35 years. Adding there is two more conditions in the appointment of Governor.
- He should be the outsider that he should not belong to the state where he is appointed.
- The president should consult the chief minister while appointing the Governor.
Conditions of Governor office
- He should not member of either house of the parliament or the legislature. If such person appointed as the Governor should immediately vacate his seat in the houses before entering into the Governor office.
- He should not hold any other office of profit.
- He is entitled to stay in Raj Bhavan (official residence) without paying rent.
- He is entitled to allowances, emoluments, and privileges determined by the parliament.
- When the same person is appointed as the Governor for the states, then the emoluments will be shared by the two-state Governments determined by the president.
- Governor is getting a salary of Rs.1.10 lakh per month .
- His emoluments and allowances cannot be diminished during his team of officers.
- The governor holds the office up to 5 years. But until the pleasure of the president.
Power and functions of Governor
The Governor has the power as the president has. But he doesn’t have diplomatic and military power.
- Executive power 2. Legislative power 3. Financial power 4. Judicial power
- All executive power and functions of the governor are.
- All executive actions of the state government taken in the name of Governor.
- He appoints chief minister and other ministers. They hold the office during his pleasure.
- He will appoint tribal welfare minister in the states of Chattisgarh, Jharkhand, Madhya Pradesh, and Odisha.
- He appoints advocate general, state election commission chairman and members of Public service commission.
- He recommends the constitutional emergency in a state to the president.
- He acts chancellor of universities in the state and he appoints vice-chancellor to those universities
- He can summon or prorogue the state legislature and dissolve the assembly.
- He can address the state legislature at the commencement.
- He appoints anyone to preside over the proceeding in the state legislative assembly if the office of speaker and deputy speaker falls vacant.
- He appoints 1/6th of the members to the state legislative assembly those who have special knowledge in literature, science, and art, the co-operative movement, social service.
- He can give.
- Assent to the bill b. withhold his assent c. Return bill d. Reserve bill for president consideration.
- He can also promulgate the ordinance when the legislative assembly is not in the session.
- He sees the Annual Budget of the state which is laid before the state legislature.
- Money Bills should get prior permission from the governor to introduce in the state assembly.
- For any unforeseen expenditure, he can make any advance from contingency funds.
- He constitutes the finance committee to review the financial positions of the panchayats and the municipalities.
- Like the president of India, he has some judicial powers to grant pardons, reprieves, respites and remissions of punishment or suspend, remite and commute the sentence of any person.
- He is consulted with the president of India, while the appointment of judges of the concerned high court.
- He is an authority to appoint, promote and post the district judges with the state high court and state public service commission.
- And also he has veto power, the ordinance making power and pardoning power.