Correct statement: Governor is consulted by the President in the appointment of the Chief Justice to the High Court of that particular state.
Enrich Your Learning:
Who is governor?
- The Governor is the Nominal head of a state just like the President is the head of the republic.
- Appointed by: President
- Term: 5 years.
- Removal of governor: (no provision of impeachment of governor)
- Holds his office at the pleasure of President who has power to remove a Governor without giving him or her any reason & granting an opportunity to be heard.
- Eligibility Criteria: 157 & 158 specify eligibility requirements for the post of governor:
- Must be a citizen of India & completed 35 yrs.
- Must not hold any other office of profit.
- Must not be a member of the Legislature of the Union or of any other state.
Powers of Governor:
Legislative (affiliated with ordinance making & State Legislature):
- Can summon, prorogue, defer or dissolve the State Legislative Assembly.
- Nominate 1/6th of the State Legislative Council.
- Nominate a member of Anglo-Indian community to Legislative Assembly.
- Inaugurates State Legislature at 1st session every year.
- Lays reports of State Fin. Comm., State PSC & CAG relating to account of State in Legislative Assembly.
- 200: Confers the Governor with the power to assent, withhold assent, return for reconsideration, or reserve for President’s consideration any Bill.
(But if Vidhan Sabha send back a returned Bill to him the 2nd time, then he has to sign it)
- 213: Governor promulgates an ordinance when Legislative Assembly is not in session.
Executive (affiliated with administrative appointments and discharge):
- 154: Executive power of the State is vested with Governor who can exercise them through directly or indirectly through subordinate officers.
- 164: Appoint the CM & upon the CM’s recommendation, appointment of other ministers.
- Appoints Advocate General of the State, State Election Commissioners & chairman and members of the State PSC.
- Cannot remove the members of the State PSC. (Removed by order of President).
- Nominate to the Legislative Council persons with special knowledge in matters of literature, art etc.
Financial (authority over the state budget & money bills):
- Constitutes the Fin. Comm. to oversee financial positions of Panchayats and Municipalities & in case of any unforeseen circumstances, holds the power to make advances out of the State Contingency Fund.
- A prior recommendation of the Governor is necessary before the introduction of any Money Bills or Demands for Grant.
- Ensures the annual financial statement or State Budget is laid before the State Legislature.
Judicial (affiliated with power to grant pardons and respites):
- 161: Grant pardons, reprieves, respites or remission of punishments of those convicted of an offence to which the executive power of the State extends.
- Governor is consulted by the President & CJI, in the appointment of the Chief Justice to HC, judges of High and District Courts, their postings & promotions.
Discretionary (to be exercised at the discretion of the Governor):
- Dissolve the legislative assembly if the CM advices him to do following a vote of no confidence. Following which, it is up to the Governor what he/ she would like to do.
- Can recommend the president about the failure of the constitutional machinery in the state.
- Can reserve a bill passed by the state legislature for president’s assent.
- If there is no political party with a clear-cut majority in the assembly, Governor can appoint anybody as CM.
- Can seek information from CM with regard to the administrative, legislative matters of state.
- Governor has discretion to refuse to sign to an ordinary bill passed by the state legislature.
- Determines the amount payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration.
- The first woman to become a Governor of a state in India was Sarojini Naidu. (Uttar Pradesh)