state executive - governor of state

2. Government
of State

3. GOVERNOR
(MAHARASHTRA
STATE)

4. GOVERNOR
 Constitutional Head
 Executive Head of State.
 Acts per aid and advice of ministers.
 Ministers are responsible to Legislative Assembly.
 Legislative Assembly: Lower House: (Vidhan Sabha).
 Legislative Council : Upper House: (Vidhan Parishad)
 Art.152 : Office of Governor in every State.
 Constitution 7th (Amendment) Act 1956.—one Governor for two or more States.
 Chief Executive head—(Nominal Head) of State–
 Representative of Central Government—Dual Role
(Art.152 to Art.167)

5. The President of India appoints Governor by warrant under his hand and seal. : (Art.155)
Normal Term of office
- 5Years from date of entry to office
- during the pleasure of the President
- can resign any time addressing a letter to the President. (Art.156)
GOVERNOR

6. Qualifications: (Art.157):
 Citizen of India:
 35 years of age
 Should not be a Member of either house of Parliament or State Legislature.
 Should not hold any other office of Profit.
GOVERNOR

7. OATH: [Art.159]
 In the presence of CJ of concerned High Court or in his absence the available Senior most
Judge of that court.
GOVERNOR

8. Powers and Functions of Governor:
 The Governor of a State possesses executive. Legislative, financial. And judicial powers analogous
to the President of India.
 No diplomatic, military or emergency powers like President of India.
GOVERNOR

9. Governor Executive Powers
 [Art.166(1)] All executive actions of government in the name of Governor.
 Governor can make rules specifying the manner in which orders and other instruments made and
executed in his name shall be authenticate.
 Governor can make rules for more convenient transaction of business of the State Govt. and for
allocation among the ministers, of the said business.
 Governor appoints the Chief Minister and Council of Ministers -- Art.[163]:
 Governor appoints the Advocate-General of State and determines his remunerations.
 Governor appoints the State Election commissioner and determines his conditions of service and
tenure of office.

10. Governor Executive Powers (contd.)
 Governor appoints the Chairman and members of State Public Service commission. But they
can be removed only by President of India and not by the Governor.
 Governor can seek information relating to the administration of affairs of the State and proposal
for legislation from the Chief Minister.
 Governor can require the CM to submit for consideration of the council of Ministers, any matter
on which a decision has been taken by a minister but the council has not considered.
 Governor can recommend the imposition of Constitutional emergency in a state to the
President.
 During the period of Presidents rule in a State, the governor enjoys the extensive executive
powers as a representative of the President.

11. Governor Legislative Powers
 The Governor of a State is an essential part of its Legislature.
 The Governor can from time to time summon or prorogue either house of the State Legislature and
dissolve the State Assembly
Summon: It is a process to call upon the members of the house to the session.
Prorogue: The act of bringing a session of Parliament or other Legislative Assembly to an end.
 The Governor can address State Legislature at the commencement of the first session after each
general election and the first session of each year.

12. Governor Legislative Powers (contd.)
 The Governor Can send message to the Houses of State Legislature , with respect to a bill
pending in the Legislature or otherwise.
 The Governor can appoint any member of the State Legislature to preside over its
proceeding when both offices of the Speaker and Deputy Speaker falls vacant.
 The Governor nominates one-sixth (1/6th) of the members to the State Legislative Council
from amongst the persons having special knowledge or practical experience in respect of
literature, art, science and social service.
 The Governor decides on the questions as to disqualification of the State Legislature , in
consultation with Election commission

13. Governor Legislative Powers (contd.)
 When a bill is sent to the Governor after it has been passed by the State Legislatures, he can
i. Give assent to the bill, or
ii. withhold his assent to the bill (veto power), or
iii. Return the bill (other than money bill) for reconsideration of the State Legislature with or
without amendment, a Governor has to give his assent to the bill.
 He can reserve for the consideration of President, any bill passed by the State Legislature
which endangers the position of the State High Court.
 He lays the report of the State Finance Commission, State Public Service Commission,
Auditor-General relating to the accounts of the State before the State Legislature.

14. Governor Legislative Powers (contd.)
 He can promulgate ordinances when State Legislature is not in session.
 The State Legislature must approve these ordinances within six week from its reassembly.
 He can also withdraw an ordinance at any time. [Art.213]

15. Governor Financial Powers
 The Governor sees that the Annual Financial Statement (State Budget) is laid before the
before the State Legislature.
 The Money Bill can be introduced in the State Legislature only with Governor’s prior
recommendation [Art.199]
 No Demand for grant can be made except on his recommendation.
 The Governor can make advances out of the Contingency Fund of the State to meet any
 unforeseen expenditure.
 The Governor constitutes a Finance Commission after every five years to review the Financial
position of the panchayats and the municipalities.

16. Governor Judicial Powers
The Governor can grant pardons, reprieves, respites or remissions of punishment or can
suspend, remit or commute the sentence of any person convicted of any offence against any
law relating to a matter to which the executive power of the State extends.
 President while appointing judges of the concerned state High Court consults the Governor.
Governor President
Can not pardon
Can Pardon death sentence
Can not
Can Pardon sentences inflicted by
Court Martial

17. Governor Judicial Powers (contd.)
 The Governor makes appointments, postings and promotions of the district judges in
consultation with the State High Court.
 The Governor also appoints persons to judicial service of the state in consultation with the
state High Court and State Public Service Commission.

18. Governor Discretionary Powers
 When no party gets a clear majority, the governor has discretion to choose a candidate for
chief minister who will put together a majority coalition as soon as possible.
 He can impose president's rule.
 He submits reports on his own to the president or on the direction of the president regarding
the affairs of the state.
 He can withhold his assent to a bill and send it to the president for his approval.
 During emergency rule per Article 353, he can override the advice of the council of ministers if
specifically permitted by the president.

19. Governor Emergency Powers
The Governor can make a report to the President whenever he is satisfied that a situation
has arisen in which the Government of the state cannot be carried on in accordance with
the provisions of the Constitution (Constitutional breakdown) and hence can recommend
‘President’s Rule’.

20. Removal
 Dismissal of Governors without valid reason is not permitted. However, it is the duty of the
President to dismiss a Governor whose acts are upheld by courts as unconstitutional and
malafide.
 Resignation by the governor.
 There is no provision for impeachment, unlike with the President of India, Judges of High
courts and the supreme court of India and Chief election commissioner.

21. ACTIVITY SESSION
ACTIVITY: Question
Answering session
(WHEEL DECIDE)
ACTIVITY TIME: 10 MIN
(WHEEL DECIDE)
Question: Importance of Governor in state? Comment on it.

22. ACTIVITY SESSION
ACTIVITY: Question
Answering session
(WHEEL DECIDE)
ACTIVITY TIME: 10 MIN
(WHEEL DECIDE)
Question: “Governor is only rubber stamp in state”? Are you
thinking in this way? Comment on it.

23. ACTIVITY SESSION
ACTIVITY: POLL
(POLLY)
ACTIVITY TIME: 05 MIN
(POLLY)
Question: Is any voter from same state assembly can became
CM without contesting assembly elections according to Indian
constitution?