Article 153: Every state will have a Governor.**7th Constitutional Amendment(1956)**It was provisioned that the same person can be the Governor of two or more states.
The Governor is at the head of the state executive, but the real power rests with the state.council of ministersIs contained in. allExecutive powers vested in the Governorwhich he uses as per the constitutional rules. (Article 154)
On the recommendation of the Federal Council of MinistersAppointment of Governor by the President under Article 155Is performed. The provision of appointment of Governor in India was adopted from Canada.
Regarding the appointment of the Governor**Sarkaria Commission (1983)**Presented some recommendations.
- Before the appointment of the Governor of the concerned stateChief Ministershould be consulted
- Persons defeated in elections should not be appointed as Governor.
- The Governor should not be appointed in the state where he is his native.
Normally the tenure of the Governor is 5 years, but in realityGovernor at the pleasure of the PresidentRemains in his post till.Article 156The tenure of the Governor has been described.
There is no explicit provision in the Constitution regarding the removal of the Governor from his post, yet the post of Governor is an independent constitutional post.
Qualification for the post of Governor (Article 157)
He must be a citizen of India. He must have completed 35 years of age.
Some conditions have been set for the Governor in Article 158.
No Member of Parliament or Member of State Legislature shall become Governor. If he is appointed then his old post will cease to exist from the date of assuming office.
There will be no reduction in the salary and allowances of the Governor during his tenure.
The salary of the Governor is charged on the Consolidated Fund of the State.
The oath of office and secrecy to the Governor is administered by the Chief Justice of the High Court of the concerned State or, in his absence, the senior most judge.Article 159Is administered as per the provisions of. To run the administration of the state smoothly, the Governor has been provided with certain powers, which are similar to those of the President, except for a few powers - the Governor has not been provided with any military emergency or diplomatic powers.
1. Executive powers
All the executive powers of the state are vested in the Governor. (Article 154)
The Chief Minister appoints the leader of the majority party in the State Assembly, and on his advice, appoints other members of the Council of Ministers and administers oath to them. Rajasthan appoints the members of the State Public Service Commission, the State Finance Commission, the State Election Commission and the public servants of the state.
All the work of the state is conducted in the name of the Governor. (Article 166)
The Chief Minister informs the Governor from time to time about the governance of the state. (Consonant with the provisions of Article 164)
The Governor submits his report to the President regarding the situation in the state when there is a constitutional crisis in the state.
based on his reportArticle 356in the state underPresident’s RuleIn this situation the Governor acts as the agent of the Union. This can also be called emergency powers of the Governor.
2. Judicial powers
Article 161Under this, the Governor can reduce the punishment for a crime related to the State List or change it to another punishment and can provide relief to him, but the power to provide full relief to a criminal sentenced to death does not vest in the Governor but in the President. The Governor cannot change the punishment given by military courts. Under Article 213, the Governor can reserve an ordinance for the President.
Under Article 356, a report on the failure of the constitutional machinery in the state is sent by the Governor and during the President's rule, the Governor exercises all the powers of the state.
Under Article 371, privileges have been provided to the Governors of Maharashtra, Gujarat and North Eastern states for their development. The Governor is consulted in the appointment of a High Court judge by the President.
3. Legislative powers
Article 168Under this, the Governor is a part of the state legislature, i.e.LegislatureIt is formed by the Governor, Legislative Assembly and Legislative Council.
Article 333Under this, members of the Legislative Assembly are appointed by the Governor (in those states where the Anglo-Indian community is not adequately represented) andArticle 171Under this, 1/6 members are nominated in the Legislative Council, who are related to literature, art, science, social service and cooperation.
Article 174Under this, the session of the Legislative Assembly is called by the Governor. The power to prorogue the session and dissolve the Assembly also lies with the Governor.
Article 175Under this, the Governor has the right to send messages and give speeches in the Legislature. Special address by the Governor in the first session of the Legislative Assembly every year and in the first meeting of the Legislative Assembly after the general elections of the Legislative Assembly.Article 176Is provided under.
Article 180Under this, when both the posts of Speaker and Deputy Speaker are vacant in the Legislative Assembly, then any member of the Legislative Assembly is appointed by the Governor as its acting Speaker.
Article 184Under this, if the post of both Chairman and Deputy Chairman of the Legislative Council is vacant, then any member of the Legislative Council is appointed by the Governor as its acting Chairman.
Article 192Under this, the disqualification of members of the State Legislature is determined by the Governor on the advice of the Central Election Commission. All bills passed by the State Legislature become law only with the consent of the Governor.
Under Article 200, the Governor can reserve any bill passed by the State Legislature for the assent of the President. When the Legislature is not in session and it is necessary to make any law,Article 213Under this, the Governor has been given the power to issue ordinances.
This ordinance should be in the state list and concurrent list. Its maximum duration is up to 6 months and if the session is held, it is up to 6 weeks. All the commissions of the state submit their annual report to the Governor, which he gets placed before the Legislature.
4. Discretionary powers
by the Indian ConstitutionArticle 163to the Governor underdiscretionary powersHas been provided, which he does without the help of the Council of Ministers and for this he is not answerable to anyone.
The discretionary powers of the Governor cannot be challenged in the court.
discretionary powers of the governor
1. Given by the Constitution
Under Article 200, the bill passed by the state legislature will be presented before the Governor. He can give his consent to it or reject it. He can send the bill back to the legislature for reconsideration with or without a message, but if the bill comes again after reconsideration, he cannot reject it. Apart from this, he can also send the bill to the President for consideration.
2. situational
If after the general elections of the Legislative Assembly no party gets a clear majority
No party should be in a position to form a government after the elections.
Council of Ministers should be in minority
The Chief Minister has died while in office and no definite successor has been selected.
Granting permission to file a case against the Chief Minister
Discretionary powers are also exercised by the President at the Centre, but they are circumstantial.
By the Constitution, discretionary powers have been given not to the President but to the Governor.
5. Financial powers
The Governor constitutes the State Finance Commission every 5 years to review the financial position of the Panchayats and Municipal Corporations, which recommends fixing some share of the local self-governing institutions from the state revenue and recommending special grants.
The Governor ensures that the Annual Financial Statement (State Budget) is presented to the State Legislature every year,Article 202Under
The Finance Bill is introduced in the State Legislature only with the prior permission of the Governor.State Contingency Fund under the GovernorAre there.
functions of the governor
To establish coordination and relations between the Central Government and the State Government.
To protect national highways and means of communication.
To send the report of the State Administration to the President.
Recommend imposition of President's rule
administer the state
To reserve the bills for the approval of the President.
issue ordinance
To protect the interests of the union.
Role of Governor in State Administration
Governor plays an important role in state administration. Governor of the state.constitutional headand the entire administration of the state is run in his name. The Governor plays the role of the chief executive of the state.**The Governor is the actual administrator of the state during President's rule.**What happens is that under normal circumstances in the state, the Governor acts as an administrator.
1. As a constitutional head
The Governor is only a constitutional head in the state. Being the constitutional head, the Governor has the most prestigious and respected place in the state administration. The Governor is the head of the state.first citizenIt happens.
2. Role in President's rule
In emergency, the Governor becomes the head of both the state and the government. In emergency, it depends on the personality of the Governor, what kind of character he gives to the post of Governor.
3. Role in controversial situations
If the elected government of the state, the Chief Minister and the Council of Ministers get caught in a constitutional crisis, then the role of the Governor is very important. Taking decisions in controversial situations is a very difficult and important aspect for the Governor.
4. As the real executive
5. As a representative of the center
Mutual relations between the Council of Ministers and the Governor
The relationship that exists between the Union Cabinet and the President at the Centre, is the same relationship that exists between the Council of Ministers and the Governor in the state. An important difference between the powers of the President and the Governor is that the Constitution has not provided discretionary powers to the President whereas the Constitution has provided discretionary powers to the Governor.
Article 163Under this, a provision has been made that there will be a Council of Ministers to assist and advise the Governor in carrying out his functions, with the Chief Minister as its head. The assistance given by the Council of Ministers to the Governor cannot be investigated in any case.
Where the Governor acts as per his discretion, the Governor is not bound to act as per the Council of Ministers. Parliamentary governance system has been adopted in the Constitution of India. In this system, the Council of Ministers is collectively accountable to the State Assembly for its actions. The Governor is bound to act as per its advice.
The composition of the Council of Ministers of the state is decided by the Governor. The members of the Council of Ministers and the Chief Minister are appointed by the Governor. The Chief Minister is the Chairman of the Council of Ministers of the State. The leader of the political party having majority in the State Assembly is appointed as the Chief Minister of the state.
List of Governors of Rajasthan
After the state reorganization on 1 November 1956, the post of Rajpramukh was abolished and the post of Governor was created. Sardar Gurmukh Nihal Singh became the first Governor of the state (Chief Minister Shri Mohanlal Sukhadia).
President's rule in Rajasthan
in rajasthanPresident's rule was imposed four timesIs:1967, 1977, 1980 and 1992In.
assembly in the stateFourth general election in 1967anyDue to political party not getting clear majority From 13 March 1967 to 26 April 1967President's rule was imposed for the first time. in44 days President's ruleThe assembly remained suspended.Assembly not dissolvedWas done. According to the Constitution, in President's rule, there is no elected government and all the executive powers are vested in the Governor.
During this President's rule in the stateDr. Sampurnanand GovernorWere. To assist the Governor in handling the governance of the state, the Central Government has appointed two senior officers of the Indian Civil Service.Sadanand Vaman and R. OfferingHe was appointed advisor to the Governor and sent to Jaipur. currently in the stateOf. P.U. Memon chief SecretaryWere. During the period of this President's rule, the tenure of Governor Dr. Sampurnanand ended on 15 April 1967.New Governor Sardar Hukum SinghAssumed charge on 16 April 1967. During the President's rule, some opposition MLAs broke away and joined the Congress. On thisMohanlal SukhadiaProved his majority before the new Governor and26 April 1967Took oath as Chief Minister. Thus, President's rule ended in 44 days on 26 April 1967.
March 1977in the centerfirst timeBunnynon congress governmentas soon as he arrivesHaridev JoshiThe government was dismissed. thereafter29 April 1977in the statePresident's rule for the second timewhich came into force22 June 1977Lasted till. There were two governors during this period. then governorJogendra Singhfrom his post14 February 1977Resigned. For temporary arrangements in their placeChief Justice Vedpal TyagibyTook charge from 15 February to 11 May 1977. On 12th May 1977Raghukul TilakCame as the governor of the state. Two advisors were appointed by the Central Government for their advice. in the periodR.D ThaparWas the Chief Secretary of the State.
January 1980The Congress government, which came back to power at the Center after the mid-term elections of the Lok Sabha in17 February 1980ToBhairo Singh Shekhawatdismiss the governmentdissolution of assemblyimposed President's rule which5 June 1980Lasted till. at this timeRaghukul TilakWas the Governor. During this regime, two retired Chief Secretaries of the state assisted the Governor.S.L. KhuranaAndMohan MukherjeeAppointed as advisor.Gopalkrishna BhanotHe was the Chief Secretary at that time.
December 1992ToAyodhyaOn the Governor's report on the failure of the State Government to effectively stop the activities of five organizations banned by the Central Government after the incidents that took place in15 December 1992ToBhairo Singh ShekhawatThe government was dismissed and President's rule was imposed on the same day.dissolution of assemblyDid it. This President's ruleBy 3 December 1993Continued. in the periodDr. M.Channa ReddyAndDhaniklal MandalWas the Governor (Acting). At present there are two Chief Secretaries in the stateTV. RamananAndGovind Mishraare. During this regime, the Central Government appointed former Chief Secretary of the state V.B.L. Mathur, former Home Commissioner L.N. Gupta and former Director General of State Investigation Bureau O.P. Tandon was appointed advisor to the Governor. On July 12, 1993, L.N. Gupta resigned due to personal reasons. In his place, on 29 August 1993, A.J. Majithia was appointed advisor to the Governor. Thus, first of all in Rajasthanshortest days only 44 daysThere was a presidential rule andmost 354It was a day. The two middle regimes lasted for 53 and 110 days.
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