Indian Polity / State Executive
Articles 152 to 167 in PART VI of the Constitution deal with State Executive. PART VI of the Constitution is applicable to all the States in India.
The office of the Governor has been borrowed from the Act of 1935. However, the concept of appointment of Governor is taken from Canada. Governor is being
appointed by the President under Article 155. Governor submits his or her resignation to the President of India. Chief Justice of the concerned State High
Court will administer the oath of the Governor. If he is not available, any judge of the High Court as indicated by the President, can administer the oath.
Qualification of Governor
- He must be a citizen of India either natural or naturalized.
- He should have completed the age of 35 years at the time of being appointed as a Governor.
- He should not have any proven criminal charges.
- He should not hold any office of profit. However, certain public offices are exempted from office of profit.
- He should not be declared as financially insolvent and he should be physically as well as mentally sound.
- There are certain conventions that may be followed while appointing the Governor as recommended by R.S. Sarkaria Commission which reviewed the Centre-State
relations. They are
(i) He should be not be appointed as governor to his own state.
(ii) He should not be active in politics, just before 2 years of his appointment.
(iii) He should be a person of eminence in one field.
Tenure, Salary and other Allowances
Governor is appointed for a tenure of 5 years. But he holds office during the pleasure of the President. He can be removed by President at any
time with or without reason. There is no procedure required for his removal. There is no security of the tenure for the Governor. Same Governor can be
continued beyond 5 years until his successor comes.
Salary and other allowances are fixed by the Parliament. It is charged on the Consolidated Fund of India. It cannot be
reduced to his disadvantage while he is in office. He is eligible for rent-free accommodation. His official residence is called Raj Bhavan. Governor is not
eligible for pension.
Role of Governor in India
Article 153 talks about office of the Governor. All the Executive authority of a State shall be vested in the hands of Governor under Article 154.
The State Executive shall consist of Governor, Chief Minister and Council of Ministers and Advocate General. Governor is the Executive head of the State. In
addition to executive powers, he also has legislative, financial as well as judicial powers.
- He is the one who appoints the Chief Minister and other ministers in the state. He appoints the Electoral Officers in the state and Advocate General of the
state. The chairman and members of the state public service commission are appointed by him. He recommends for the imposition of President's Rule or
Constitutional Emergency in the state.
- He summons or prorogues the legislative assembly of the state and if needed he can also dissolve the assembly. He promulgates ordinances if the legislative
assembly is not in session. He nominates one member from the Anglo-Indian community to the state legislative assembly. If there exists legislative council in
the state, the governor nominates 1/6th members to the council.
- A Money Bill will be introduced in the legislative assembly only after Governor's recommendation. He makes sure that the state budget or annual financial
statement is placed before the state legislature. The financial condition of the municipalities and panchayats are thoroughly being checked by him.
- The President consults the Governor of the state while the judges of the concerned state High court are being appointed. He appoints the district
judges in the state and their postings and promotions are being checked by him.