What are the Power and Functions of Governor.
Answers
Answer:
Powers and functions. The primary function of the governor is to preserve, protect and defend the constitution and the law as incorporated in his/her oath of office under Article 159 of the Indian constitution in the administration of the State affairs.
Explanation:
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Answer:
Powers of Governor
With every job, there are powers attached. The powers of the Governor are conferred by the Constitution to enable him/her to perform his/her functions effectively as a Head of the State. The powers of the Governor can be categorized as
(i) executive powers,
(ii) legislative powers,
(iii) financial powers,
(iv) judicial powers, and
(v) discretionary powers.
(a) Executive Powers:
The Constitution of India vests the entire executive powers of the State in the Governor who performs these functions according to the aid and advice of the Council of Ministers with the Chief Minister as its head. He/ She appoints the Chief Minister and other members of the Council of Ministers. He/She also appoint persons on important posts such as the Chairpersons and Members of the State Public Service Commission, State Election Commission, State Finance Commission and the Advocate General, Judges of the courts, other than the High Court. He/She is consulted when the Judges of the State High Court are appointed by the President. But in practice, the Governor’s powers are only formal. He appoints only that person as Chief Minister who is the Leader of the majority in the Legislative Assembly. He/She appoints Members of the Council of Ministers only on the advice of the Chief Minister. All other appointments are made and executive functions are performed by him/ her exactly as per the advice of the Council of Ministers.
(b) Legislative Powers:
The Governor is an inseparable part of the State Legislature and as such he/she has been given certain legislative powers. He/ She has the right to summon and prorogue the State Legislature and can dissolve the State Legislative Assembly. He/She addresses the State Legislative Assembly or the joint sessions of the two houses of the legislature. He/She may nominate one person of the Anglo-Indian community as a member of the Legislative Assembly in case the community is not represented. He/She also nominates one-sixth of the members to the Legislative Council, if the State has a bicameral legislature. Once again, in real practice, the Governor does all this on the recommendations of the Council of Ministers headed by the Chief Minister. A bill passed by the State Legislature becomes a law or Act only when the Governor gives assent to it.
(c) Financial Powers:
You must have read in the newspapers that every year the budget is presented by the government in the Legislature for its approval. In fact, the budget i.e. ‘the Annual Financial Statement’ of the State is prepared and presented by the State Finance Minister before the State Legislature, on behalf of the Governor. Moreover, no money bill can be introduced in the State Legislature without the recommendations of the Governor. He/She also has control over the State Contingency Fund.
(d) Discretionary Powers:
As we have seen earlier, the Governor acts on the advice of the State Council of Ministers. This means that in reality, the Governor has no powers. But according to the Constitution, under special circumstances, he/ she may act without the advice of the Council of Ministers. Such powers, which are exercised by the Governor on his own, are called discretionary powers. Firstly, if no political party or coalition of parties wins a clear majority in the Legislative Assembly, he/she can exercise his/her discretion in inviting a person to be the Chief Minister. Secondly, the Governor acts as a link between the Centre and the State. He/She can reserve any bill passed by the State Legislature for the consideration of the President of India. Thirdly, if he/she thinks that the government of the State is not functioning according to the Constitution, he/she can report to the President. In that case under Article 356, the President’s Rule is imposed, the State Council of Ministers is removed and the State Legislature is dissolved or put under suspension. During such an emergency, the Governor rules on behalf of the President.
Explanation:
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