examine and excutive power of govenor
Answers
Appointment of Governor
Qualification for appointment as governor (Article 157) –
The constitution has laid down following qualifications to be appointed as Governor:
• No person shall be eligible to be appointed as Governor unless he is citizen of India
• He should have completed the age of 35 years.
• He should be such a person who is outside the state so as to not indulge in local politics
• When the same person is appointed as governor for 2 or more states, the emoluments and allowances payable to the Governor shall be allocated among the states in such a manner as the President by order determine.
• The emoluments and allowances of the Governor shall not be diminished during his term of office.
Powers of Governor
The Governor of the state shall possess executive, legislative, financial and judicial powers. But he does not possess diplomatic, military or emergency powers which President of India has.
The powers and functions of Governor can be classified under following heads:
1. Executive powers
2. Legislative powers
3. Financial powers
4. Judicial powers
Executive Powers
As stated above the executive powers refer to those powers which are exercised by the council of ministers in the name of Governor. Hence Governor is only nominal head and council of ministers is the real executive. The following posts are appointed by Governor and hold office during his term: Chief Minister of the state, other ministers of the state on the advice of Chief Minister, Advocate General. He can recommend the imposition of constitutional emergency in a state to the President. During the period of President’s rule in a state, the governor enjoys extensive executive powers as an agent of the President.
Legislative Powers:
This power of Governor can be classified further in to 2 sub groups i.e. wrt to bills and wrt legislature.
With Respect to Bills
• When a bill other than money bill is presented before Governor for his assent, he either gives assent to the bill, with hold his assent to the bill, return the bill for reconsideration of houses, but if the bill is passed again by state legislature with or without amendments, he has to give his assent or reserve the bill for consideration of President.
However, the Governor also cannot send money bill back for reconsideration. This is because the money bill would usually be introduced with prior assent of Governor only. In case the money bill reserved for Presidents assent, the President has to state whether he is giving assent or withholding his assent.