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The Governor of India

Nominal executive head.

Normally each State has its own Governor, but under the Seventh Amendment Act, 1956, the same person can be appointed as Governor of one or more States or Lt. Governor of the Union Territory.

Appointed by the President on the recommendations of

Governor Qualification

  • Citizen of India.
  • Completed 35 yrs of age.
  • Shouldn’t be a member of either house of parliament or the state legislature.
  • Must possess the qualification for membership of State Legislature.
  • Mustn’t hold any office of profit.



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Other Points

  • His usual term of office is 5 yrs but he holds office during the pleasure of the President.
  • He can be asked to continue for more time until his successor takes the charge.
  • Can give his resignation or can be removed earlier by the President.
  • The legislature of a State or a High Court has no role in the removal of a Governor.
  • Salary from the Consolidated Fund of the State ( Rupee 1,10,000 per month ) and is not subject to the vote of the State Legislature.
  • When the same person is appointed as the Governor of two or more States, the emoluments and allowances payable to him shall be allocated among the States in such proportion as determined by the President of India.
  • His oath is administered by the Chief Justice of the concerned State High Court and in his absence, the senior – most judge of that Court.

Governor Powers

a. Executive Powers of the Governor

Appoints Chief Minister, Council of Ministers, Chairman & members of State Public Service Commission, Advocate General of the State and Election Commissioner of the State.

b. Legislative Powers of the Governor

  • Summons, Prorogues & dissolves the State Legislature.
  • Addresses the first session of State Legislature after election and at the beginning of each new session.
  • Sends messages to State Legislature on bills pending before it.
  • Appoints l/6th members of Legislative Council.
  • Nominates one member from the Anglo – Indian community ( if not proper representation ).
  • Makes laws through ordinances.
  • Gives assent to the Bills so that they become laws.
  • The Governor has three alternatives before him with respect to the Bills :
    1. He can give his assent to the Bill;
    2. He can return it, if it is not a Money Bill, for reconsideration suggesting alternations. But such Bills when passed again have to be given assent;
    3. He may reserve the Bill for the assent of the President.

c. Financial Powers of the Governor

Ensures that the budget is laid. All money bills can be introduced on his recommendation only.

d. Judicial Powers of the Governor

  • President consults Governor while appointing Chief Justice and other judges of High Court.
  • Appoints judges of courts below the High Court can grant pardon reprieve or remission of punishment for offense against State laws.
  • But he cannot grant pardon in cases of death sentences.

e. Emergency Powers of the Governor

  • Reports to the President if the State Government is not running constitutionally and recommends the President’s Rule ( Article 356 ).
  • When the President’s Rule is in progress, he becomes the Agent of the Union Government in the State’.
  • He takes over the reigns of administration directly into his own hands and runs the State with the aid of the Civil Servants.

f. Other Governor Powers

  • Receives & tables the report of State Auditor General.
  • Tables the report of State Public Service Commission.
  • Acts as Chancellor of State Universities & appoints Vice – chancellor.
  • Can appoint any members as Chief Minister if no party has clear – cut majority.
  • Can refuse to sign an ordinary bill passed by State Legislature.

Note:

Sarkaria Commission suggested that CM should be consulted while appointing the governor; only unquestionable person be there; Active politician shouldn’t be appointed; Removal should be difficult; No need to remove the post of governor.

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