Governor
The Governor of a state in India is the constitutional head of the state.
Governors are appointed by the President of India for a term of five years.
The Governor is also the representative of the central government in the state.
Qualifications
Be a citizen of India
Be at least 35 years of age
Not hold any office of profit under the central or any state government
Powers and functions
Appointing the Chief Minister and other ministers on the advice of the Chief Minister
Summoning, proroguing and dissolving the state legislature.
Assenting to bills passed by the state legislature
Promulgating ordinances when the state legislature is not in session
Granting pardons and commutations of sentences
Appointing the Advocate-General, the Director-General of Police and other senior officials.
Representing the state at official functions
Discretionary powers
Refusing to give assent to a bill passed by the state legislature
Dissolving the state legislature if he/she feels that it has lost the confidence of the people
Appointing or dismissing the Chief Minister if he/she feels that the Chief Minister has lost the confidence of the majority of the members of the state legislature
Role in the state government
The Governor acts as the constitutional head of the state government.
Governor is bound by the advice of the Council of Ministers in the exercise of his/her functions.
The Governor has a few discretionary powers, which can be exercised without the advice of the Council of Ministers.
Governor and State Issue
The relationship between the Governor and the state government in India has been a complex one since the country's independence.
The Governor also has a number of constitutional powers and functions, which are independent of the central government.
This has led to tensions between the Governor and the state government on a number of occasions.
If the Governor has the power to refuse to give assent to a bill passed by the state legislature. This power has been used by Governors to block bills that they believe are against the interests of the central government or the nation as a whole.
The Governor also has the power to dissolve the state legislature and impose President's Rule. This power has been used sparingly, but it has been criticized by state governments as being an undemocratic interference in the affairs of the state.
There has been a growing trend of Governors acting in a partisan manner.
Favoring the interests of the central government over the interests of the state government.
Examples of Governor and state issues ,
In 2020, the Governor of Kerala, Arif Mohammed Khan, refused to give assent to a bill passed by the state legislature that would have limited the powers of the Governor. Khan said that the bill was unconstitutional and that it would undermine the office of the Governor.
In 2021, the Governor of Maharashtra, Bhagat Singh Koshyari, was accused of trying to destabilize the state government by encouraging defections from the ruling party.
In 2022, the Governor of Punjab, Banwarilal Purohit, was accused of delaying the appointment of the Chief Minister of Punjab, Bhagwant Mann. Purohit said that he needed more time to verify Mann's credentials. The state government accused Purohit of trying to undermine the authority of the elected government.
The relationship between the Governor and the state government is a delicate one, and it is important for both sides to respect the constitutional roles and responsibilities of each other.
SC’s prescriptions
The Supreme Court on Friday laid down that a Governor cannot sit on key Bills passed by a State Legislature after casting doubts on the validity of the Assembly session in which the proposed laws were passed with overwhelming majority by the elected representatives of the people.
The apex court settled the law in a writ petition filed by the Punjab government, represented by senior advocate A.M. Singhvi, complaining that Governor Banwarilal Purohit has held back crucial Bills on Sikh gurdwaras, the police and higher education passed in a special sitting of the Budget Session of the Vidhan Sabha .
Warning the Governor that “you are playing with fire”, the court directed him to take a decision on the long-pending Bills presented to him for assent.
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