The Constitution of India is federal. In this, provision has been made regarding the governance of the Union and the States. Part 6 of the constitution has provision for state government. The system of governance of the state is also parliamentary. The governor is appointed in the states and the lieutenant governor is appointed in the centrally administered territories. Puducherry has administrators in the remaining four union territories, there is no post of Lieutenant Governor, it is 5 union territories. Chandigarh, Daman & Diu/Dadra & Nagar Haveli, Lakshadweep J&K, Ladakh. The head of the executive of the state is the Governor (Governor), who acts on the advice of the Council of Ministers. In some cases the Governor has been given discretion, in which case he also acts without the advice of the Council of Ministers.
The governor is also the chancellor of all the universities of his state. Their position in the state is the same as that of the President at the Centre. Union Territories have Lieutenant Governors.
Under the 7th Amendment 1956, a governor can also be appointed for more than one state.
The governor is the constitutional head of the state. He acts on the advice of the Council of Ministers but his constitutional position is much safer than that of the Council of Ministers.
Under Article 166, if any question arises whether the power of the Governor is discretionary or not, then his decision is considered final.
Article 166 The Governor can use these powers to make rules that allow the smooth conduct of state affairs, and he can also divide the business among the ministers.
Under Article 200, the Governor can exercise his discretionary power to reserve the bill passed by the state legislature for the assent of the President.
Under Article 356, the Governor can invite the President to take over the administration of the Raj if it cannot be carried out in accordance with the provisions of the Constitution.
Special discretionary power
According to tradition, the Governor can take a decision regarding the fortnightly report to be sent to the President. The Governors of some states have to fulfill special responsibilities. nor does he need advice
According to Article 157, it is mandatory for a person to be appointed to the post of Governor, it is necessary to have the following
- He is a citizen of India,
- He should have completed 35 years of age,
- He is not holding an office of profit in the State Government or the Central Government or any public undertaking under the control of these States,
- He should be eligible to be elected as a member of the State Legislative Assembly.
- He has not been declared insane or bankrupt.
Appointment of Governer
According to Article 155 of the Constitution – the Governor shall be appointed directly by the President, but in reality the Governor is appointed by the President on the recommendation of the Union Cabinet. In relation to the appointment of the Governor, the following two types of practices were made-
No person shall be appointed as the Governor of the State of which he is a resident.
Before the appointment of the Governor, the Chief Minister of the concerned State will be consulted.
This practice was followed from 1950 to 1967, but in the 1967 elections, when non-Congress governments were formed in some states, the second practice was abolished and the Governor was appointed without consulting the Chief Minister.
Term of governor
The Governor is the representative of the Center in the state and remains in office during the pleasure of the President. He can be removed from office at any time.
Although the term of the Governor is five years from the date of his taking office, but after the expiry of this five-year term, he continues in office until his successor assumes office. When the Governor holds office after the expiry of the term of five years, he continues in office on the basis of daily salary. The governor is also the vice chancellor of the universities.
Recommendations of Govt. Commission related to Governor
The post and role of the Governor in Indian politics has been a cause of controversy for a long time, due to which there have been many controversies. The Sarkaria Commission had given such a recommendation in its report
- The Governor of a State is appointed by the President only after consulting the Chief Minister of the State.
- He should be an important personality in some area of life
- He should be a resident of outside the state
- He should not have been politically active for at least the last 5 years nationally and should never have been active in the appointed State
- He should ordinarily be allowed to complete his term of five years so that he can act fairly
- A member of the ruling political coalition at the center should not be made the governor of a state which is ruled by the opposition
- The practice of sending fortnightly reports by the Governor should continue
- If the Governor recommends to the President the imposition of President’s rule under Article 356, then he should keep on record the reasons and circumstances on the basis of which he has reached this conclusion.