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Thursday, October 13, 2011

THE GOVERNOR OF A STATE




Overview:

• Governors and Lieutenant-Governors of states and Union Territories have powers at the state level similar to that of the President at the Union level

• Governors preside over states while Lieutenant-Governors preside over Union Territories and NCT Delhi

• The office of the Lieutenant-Governor exists only in the Union Territories of Andaman & Nicobar Islands, Pondicherry and NCT Delhi. Other Union Territories have an Administrator, who is usually an IAS officer.

Conditions of service:

• Governors and Lieutenant-Governors are appointed by the President for a period of 5 years

• The Governor or Lieutenant-Governor can be dismissed by the President on the recommendation of the Prime Minister

• Unlike the President, Governors and Lieutenant-Governors can not be impeached

POWERS OF THE GOVERNOR

• Executive powers:

1. All executive powers of the state government are vested in the Governor

2. The Governor appoints the Chief Minister and the Council of Ministers

3. He allocates portfolios to the Ministers based on the advice of the Chief Minister

4. The Governor appoints the judges of the District Courts

5. The President consults the Governor in the appointment of the judges of the High Court

6. The Governor appoints the Advocate General and members of the state Public Service Commission

• Legislative powers:

1. The Governor summons sessions of both Houses of the state legislature and prorogues them

2. The Governor can dissolve the state Legislative Assembly (Vidhan Sabha) on the advice of the Chief Minister

3. Bills passed by the legislature can become law only on the assent of the Governor

4. The Governor can return non-Money Bills to the legislature for reconsideration. However, if the legislature sends it back without modification, the Governor must give his assent

5. The Governor can reserve certain Bills for consideration by the President

6. The Governor can promulgate Ordinances. These ordinances must be approved by the legislature at its next session. Ordinances remain valid for no more than 6 weeks from the date of convening of the legislature

• Financial powers:

1. The Governor causes to be laid before the legislature the annual state Budget

2. Money Bills can be introduced in the legislature only on the prior recommendation of the Governor

3. The Governor can make advanced from the Contingency Fund of the State to meet unforeseen expenditure
4. The Governor constitutes the state Finance Commission

• Discretionary powers:

1. When no political party gets a majority in the Legislative Assembly, the Governor can appoint the leader of the largest party or the largest coalition as the Chief Minister

2. The Governor can recommend to the President imposition of President’s rule in the state

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