jbp123/hello · Datasets at Hugging Face

instruction stringlengths 1 84	input stringlengths 1 85	output stringlengths 1 83
Hence, it is not in the national interest to involve a large number of	voters in such an election.	5. An elected governor would naturally belong to a party and would not
be a neutral person and an impartial head.	6. The election of governor would create separatist tendencies and	thus affect the political stability and unity of the country.
7. The system of presidential nomination enables the Centre to	maintain its control over the states.	8. The direct election of the governor creates a serious problem of
leadership at the time of a general election in the state.	9. The chief minister would like his nominee to contest for	governorship. Hence, a second rate man of the ruling party is
elected as governor.	Therefore, the American model, where the Governor of a state is	directly elected, was dropped and the Canadian model, where the
governor of a province (state) is appointed by the Governor-General	(Centre), was accepted in the Constituent Assembly.	The Constitution lays down only two qualifications for the appointment
2. He should have completed the age of 35 years.	Additionally, two conventions have also developed in this regard over	the years. First, he should be an outsider, that is, he should not belong to
the state where he is appointed, so that he is free from the local politics.	Second, while appointing the governor, the president is required to consult	the chief minister of the state concerned, so that the smooth functioning of
CONDITIONS OF GOVERNOR’S OFFICE	The Constitution lays down the following conditions for the the governor’s	office:
1. He should not be a member of either House of Parliament or a	House of the state legislature. If any such person is appointed as	governor, he is deemed to have vacated his seat in that House on
the date on which he enters upon his office as the governor.	2. He should not hold any other office of profit.	3. He is entitled without payment of rent to the use of his official
residence (the Raj Bhavan).	4. He is entitled to such emoluments, allowances and privileges as	may be determined by Parliament.
5. When the same person is appointed as the governor of two or more	states, the emoluments and allowances payable to him are shared	by the states in such proportion as determined by the president.
6. His emoluments and allowances cannot be diminished during his	term of office.	In 2018, the Parliament has increased the salary of the governor from
₹1.10 lakh to ₹3.50 lakh per month.2	Like the President, the governor is also entitled to a number of	privileges and immunities. He enjoys personal immunity from legal liability
for his official acts. During his term of office, he is immune from any	criminal proceedings, even in respect of his personal acts. He cannot be	arrested or imprisoned. However, after giving two months’ notice, civil
proceedings can be instituted against him during his term of office in	respect of his personal acts.	Before entering upon his office, the governor has to make and
subscribe to an oath or affirmation. In his oath, the governor swears:	(a) to faithfully execute the office;	(b) to preserve, protect and defend the Constitution and the law; and
(c) to devote himself to the service and well-being of the people of the	state.	The oath of office to the governor is administered by the chief justice of
the concerned state high court and in his absence, the senior-most judge	of that court available.	Every person discharging the functions of the governor also undertakes
TERM OF GOVERNOR’S OFFICE	A governor holds office for a term of five years from the date on which he	enters upon his office. However, this term of five years is subject to the
pleasure of the President. Further, he can resign at any time by	addressing a resignation letter to the President.	The Supreme Court held that the pleasure of the President is not
justifiable. The governor has no security of tenure and no fixed term of	office. He may be removed by the President at any time.3	The Constitution does not lay down any grounds upon which a
governor may be removed by the President. Hence, the National Front	Government headed by V.P. Singh (1989) asked all the governors to	resign as they were appointed by the Congress government. Eventually,
some of the governors were replaced and some were allowed to continue.	The same thing was repeated in 1991, when the Congress Government	headed by P.V. Narasimha Rao changed fourteen governors appointed by
the V.P. Singh and Chandra Sekhar governments.	The President may transfer a Governor appointed to one state to	another state for the rest of the term. Further, a Governor whose term has
expired may be reappointed in the same state or any other state.	A governor can hold office beyond his term of five years until his	successor assumes charge. The underlying idea is that there must be a
governor in the state and there cannot be an interregnum.	The President can make such provision as he thinks fit for the	discharge of the functions of the governor in any contingency not provided
for in the Constitution, for example, the death of a sitting governor. Thus,	the chief justice of the concerned state high court may be appointed	temporarily to discharge the functions of the governor of that state.
POWERS AND FUNCTIONS OF GOVERNOR	A governor possesses executive, legislative, financial and judicial powers	more or less analogous to the President of India. However, he has no
diplomatic, military or emergency powers like the president.	The powers and functions of the governor can be studied under the	following heads:
1. Executive powers.	2. Legislative powers.	3. Financial powers.
4. Judicial powers.	Executive Powers	The executive powers and functions of the Governor are:
1. All executive actions of the government of a state are formally taken	in his name.	2. He can make rules specifying the manner in which the Orders and
other instruments made and executed in his name shall be	authenticated.	3. He can make rules for more convenient transaction of the business
of a state government and for the allocation among the ministers of	the said business.	4. He appoints the chief minister and other ministers. They also hold
office during his pleasure. There should be a Tribal Welfare minister	in the states of Chattisgarh, Jharkhand, Madhya Pradesh and	Odisha appointed by him. The state of Bihar was excluded from this
provision by the 94th Amendment Act of 2006.	5. He appoints the advocate general of a state and determines his	remuneration. The advocate general holds office during the pleasure
of the governor.	6. He appoints the state election commissioner and determines his	conditions of service and tenure of office. However, the state
election commissioner can be removed only in like manner and on	the like grounds as a judge of a high court.	7. He appoints the chairman and members of the state public service
commission. However, they can be removed only by the president	and not by a governor.	8. He can seek any information relating to the administration of the
9. He can require the chief minister to submit for the consideration of	the council of ministers any matter on which a decision has been	taken by a minister but which has not been considered by the
council.	10. He can recommend the imposition of constitutional emergency in a	state to the president. During the period of President’s rule in a
state, the governor enjoys extensive executive powers as an agent	of the President.	11. He acts as the chancellor of universities in the state. He also
appoints the vicechancellors of universities in the state.	Legislative Powers	A governor is an integral part of the state legislature. In that capacity, he
has the following legislative powers and functions:	1. He can summon or prorogue the state legislature and dissolve the	state legislative assembly.
2. He can address the state legislature at the commencement of the	first session after each general election and the first session of each	year.
3. He can send messages to the house or houses of the state	legislature, with respect to a bill pending in the legislature or	otherwise.
4. He can appoint any member of the State legislative assembly to	preside over its proceedings when the offices of both the Speaker	and the Deputy Speaker fall vacant. Similarly, he can appoint any
member of the state legislature council to preside over its	proceedings when the offices of both Chairman and Deputy	Chairman fall vacant.
5. He nominates one-sixth of the members of the state legislative	council from amongst persons having special knowledge or practical	experience in literature, science, art, cooperative movement and
social service.	6. He can nominate one member to the state legislature assembly from	the Anglo-Indian Community.
7. He decides on the question of disqualification of members of the	state legislature in consultation with the Election Commission.	8. When a bill is sent to the governor after it is passed by state
legislature, he can:	(a) Give his assent to the bill, or	(b) Withhold his assent to the bill, or
legislature with or without amendments, the governor has to give	his assent to the bill, or	(d) Reserve the bill for the consideration of the president. In one
case such reservation is obligatory, that is, where the bill passed	by the state legislature endangers the position of the state high	court. In addition, the governor can also reserve the bill if it is of
the following nature:4	(i) Ultra-vires, that is, against the provisions of the Constitution.	(ii) Opposed to the Directive Principles of State Policy.
(iii) Against the larger interest of the country.	(iv) Of grave national importance.	(v) Dealing with compulsory acquisition of property under Article
the Constitution.	9. He can promulgate ordinances when the state legislature is not in	session. These ordinances must be approved by the state
legislature within six weeks from its reassembly. He can also	withdraw an ordinance anytime. This is the most important	legislative power of the governor.
10. He lays the reports of the State Finance Commission, the State	Public Service Commission and the Comptroller and Auditor-	General relating to the accounts of the state, before the state
legislature.	Financial Powers	The financial powers and functions of the governor are:
1. He sees that the Annual Financial Statement (state budget) is laid	before the state legislature.	2. Money bills can be introduced in the state legislature only with his
prior recommendation.	3. No demand for a grant can be made except on his recommendation.	4. He can make advances out of the Contingency Fund of the state to
meet any unforeseen expenditure.	5. He constitutes a finance commission after every five years to review	the financial position of the panchayats and the municipalities.
Judicial Powers	The judicial powers and functions of the governor are:	1. He can grant pardons, reprives, respites and remissions of
punishment or suspend, remit and 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.5
2. He is consulted by the president while appointing the judges of the	concerned state high court.	3. He makes appointments, postings and promotions of the district
judges in consultation with the state high court.	4. He also appoints persons to the judicial service of the state (other	than district judges) in consultation with the state high court and the
State Public Service Commission.	Now, we will study in detail the three important powers of the governor	(veto power, ordinance-making power and pardoning power) by
comparing them with that of the President.	Table 30.1 Comparing Veto Powers of President and Governor	President Governor
With Regard to Ordinary Bills With Regard to Ordinary Bills	Every ordinary bill, after it is passed Every ordinary bill, after it is passed	by both the Houses of the by the legislative assembly in case
Parliament either singly or at a joint of a unicameral legislature or by	sitting, is presented to the President both the Houses in case of a	for his assent. He has three bicameral legislature either in the
alternatives: first instance or in the second	instance, is presented to the	1. He may give his assent to the
governor for his assent. He has four	bill, the bill then becomes an act.	alternatives:
2. He may withhold his assent to	1. He may give his assent to the	the bill, the bill then ends and
bill, the bill then becomes an act.	does not become an act.	2. He may withhold his assent to
3. He may return the bill for	the bill, the bill then ends and	reconsideration of the Houses. If
does not become an act.	the bill is passed by both the	3. He may return the bill for
Houses again with or without	reconsideration of the House or	amendments and presented to
Houses. If the bill is passed by	the President for his assent, the	the House or Houses again with
president must give his assent to	or without amendments and	the bill. Thus the president
presented to the governor for his	enjoys only a ‘suspensive veto’.	assent, the governor must give
his assent to the bill. Thus, the	governor enjoys only a	‘suspensive veto’.
4. He may reserve the bill for the	consideration of the President.	When a state bill is reserved by the When the governor reserves a bill
governor for the consideration of for the consideration of the	the President, the President has President, he will not have any	three alternatives: further role in the enactment of the
(a) He may give his assent to bill. If the bill is returned by the	the bill, the bill then President for the reconsideration of	becomes an act. the House or Houses and is passed
(b) He may withhold his assent again, the bill must be presented	to the bill, the bill then ends again for the presidential assent	and does not become an only. If the President gives his
Act. assent to the bill, it becomes an act.	(c) He may return the bill for This means that the assent of the	reconsideration of the Governor is no longer required.
House or Houses of the	state legislature. When a	bill is so returned, the
House or Houses have to	reconsider it within six	months. If the bill is passed
by the House or Houses	again with or without	amendments and
presented to the president	for his assent, the president	is not bound to give his
assent to the bill. He may	give his assent to such a	bill or withhold his assent.
Every money bill after it is passed Every money bill, after it is passed	by the Parliament, is presented to by the state legislature (unicameral	the President for his assent. He has or bicameral), is presented to the
two alternatives: governor for his assent. He has	1. He may give his assent to the three alternatives:	bill, the bill then becomes an act. 1. He may give his assent to the
2. He may withhold his assent to bill, the bill then becomes an act.	the bill, the bill then ends and 2. He may withhold his assent to	does not become an act. the bill, the bill then ends and
does not become an act.	3. He may reserve the bill for the	consideration of the president.
Thus, the President cannot return a Thus, the governor cannot return a	money bill for the reconsideration of money bill for the reconsideration of	the Parliament. Normally, the the state legislature. Normally, the
president gives his assent to a governor gives his assent to a	money bill as it is introduced in the money bill as it is introduced in the	Parliament with his previous state legislature with his previous

Hence, it is not in the national interest to involve a large number of

voters in such an election.

5. An elected governor would naturally belong to a party and would not

be a neutral person and an impartial head.

6. The election of governor would create separatist tendencies and

thus affect the political stability and unity of the country.

7. The system of presidential nomination enables the Centre to

maintain its control over the states.

8. The direct election of the governor creates a serious problem of

leadership at the time of a general election in the state.

9. The chief minister would like his nominee to contest for

governorship. Hence, a second rate man of the ruling party is

elected as governor.

Therefore, the American model, where the Governor of a state is

directly elected, was dropped and the Canadian model, where the

governor of a province (state) is appointed by the Governor-General

(Centre), was accepted in the Constituent Assembly.

The Constitution lays down only two qualifications for the appointment

2. He should have completed the age of 35 years.

Additionally, two conventions have also developed in this regard over

the years. First, he should be an outsider, that is, he should not belong to

the state where he is appointed, so that he is free from the local politics.

Second, while appointing the governor, the president is required to consult

the chief minister of the state concerned, so that the smooth functioning of

CONDITIONS OF GOVERNOR’S OFFICE

The Constitution lays down the following conditions for the the governor’s

office:

1. He should not be a member of either House of Parliament or a

House of the state legislature. If any such person is appointed as

governor, he is deemed to have vacated his seat in that House on

the date on which he enters upon his office as the governor.

2. He should not hold any other office of profit.

3. He is entitled without payment of rent to the use of his official

residence (the Raj Bhavan).

4. He is entitled to such emoluments, allowances and privileges as

may be determined by Parliament.

5. When the same person is appointed as the governor of two or more

states, the emoluments and allowances payable to him are shared

by the states in such proportion as determined by the president.

6. His emoluments and allowances cannot be diminished during his

term of office.

In 2018, the Parliament has increased the salary of the governor from

₹1.10 lakh to ₹3.50 lakh per month.2

Like the President, the governor is also entitled to a number of

privileges and immunities. He enjoys personal immunity from legal liability

for his official acts. During his term of office, he is immune from any

criminal proceedings, even in respect of his personal acts. He cannot be

arrested or imprisoned. However, after giving two months’ notice, civil

proceedings can be instituted against him during his term of office in

respect of his personal acts.

Before entering upon his office, the governor has to make and

subscribe to an oath or affirmation. In his oath, the governor swears:

(a) to faithfully execute the office;

(b) to preserve, protect and defend the Constitution and the law; and

(c) to devote himself to the service and well-being of the people of the

state.

The oath of office to the governor is administered by the chief justice of

the concerned state high court and in his absence, the senior-most judge

of that court available.

Every person discharging the functions of the governor also undertakes

TERM OF GOVERNOR’S OFFICE

A governor holds office for a term of five years from the date on which he

enters upon his office. However, this term of five years is subject to the

pleasure of the President. Further, he can resign at any time by

addressing a resignation letter to the President.

The Supreme Court held that the pleasure of the President is not

justifiable. The governor has no security of tenure and no fixed term of

office. He may be removed by the President at any time.3

The Constitution does not lay down any grounds upon which a

governor may be removed by the President. Hence, the National Front

Government headed by V.P. Singh (1989) asked all the governors to

resign as they were appointed by the Congress government. Eventually,

some of the governors were replaced and some were allowed to continue.

The same thing was repeated in 1991, when the Congress Government

headed by P.V. Narasimha Rao changed fourteen governors appointed by

the V.P. Singh and Chandra Sekhar governments.

The President may transfer a Governor appointed to one state to

another state for the rest of the term. Further, a Governor whose term has

expired may be reappointed in the same state or any other state.

A governor can hold office beyond his term of five years until his

successor assumes charge. The underlying idea is that there must be a

governor in the state and there cannot be an interregnum.

The President can make such provision as he thinks fit for the

discharge of the functions of the governor in any contingency not provided

for in the Constitution, for example, the death of a sitting governor. Thus,

the chief justice of the concerned state high court may be appointed

temporarily to discharge the functions of the governor of that state.

POWERS AND FUNCTIONS OF GOVERNOR

A governor possesses executive, legislative, financial and judicial powers

more or less analogous to the President of India. However, he has no

diplomatic, military or emergency powers like the president.

The powers and functions of the governor can be studied under the

following heads:

1. Executive powers.

2. Legislative powers.

3. Financial powers.

4. Judicial powers.

Executive Powers

The executive powers and functions of the Governor are:

1. All executive actions of the government of a state are formally taken

in his name.

2. He can make rules specifying the manner in which the Orders and

other instruments made and executed in his name shall be

authenticated.

3. He can make rules for more convenient transaction of the business

of a state government and for the allocation among the ministers of

the said business.

4. He appoints the chief minister and other ministers. They also hold

office during his pleasure. There should be a Tribal Welfare minister

in the states of Chattisgarh, Jharkhand, Madhya Pradesh and

Odisha appointed by him. The state of Bihar was excluded from this

provision by the 94th Amendment Act of 2006.

5. He appoints the advocate general of a state and determines his

remuneration. The advocate general holds office during the pleasure

of the governor.

6. He appoints the state election commissioner and determines his

conditions of service and tenure of office. However, the state

election commissioner can be removed only in like manner and on

the like grounds as a judge of a high court.

7. He appoints the chairman and members of the state public service

commission. However, they can be removed only by the president

and not by a governor.

8. He can seek any information relating to the administration of the

9. He can require the chief minister to submit for the consideration of

the council of ministers any matter on which a decision has been

taken by a minister but which has not been considered by the

council.

10. He can recommend the imposition of constitutional emergency in a

state to the president. During the period of President’s rule in a

state, the governor enjoys extensive executive powers as an agent

of the President.

11. He acts as the chancellor of universities in the state. He also

appoints the vicechancellors of universities in the state.

Legislative Powers

A governor is an integral part of the state legislature. In that capacity, he

has the following legislative powers and functions:

1. He can summon or prorogue the state legislature and dissolve the

state legislative assembly.

2. He can address the state legislature at the commencement of the

first session after each general election and the first session of each

year.

3. He can send messages to the house or houses of the state

legislature, with respect to a bill pending in the legislature or

otherwise.

4. He can appoint any member of the State legislative assembly to

preside over its proceedings when the offices of both the Speaker

and the Deputy Speaker fall vacant. Similarly, he can appoint any

member of the state legislature council to preside over its

proceedings when the offices of both Chairman and Deputy

Chairman fall vacant.

5. He nominates one-sixth of the members of the state legislative

council from amongst persons having special knowledge or practical

experience in literature, science, art, cooperative movement and

social service.

6. He can nominate one member to the state legislature assembly from

the Anglo-Indian Community.

7. He decides on the question of disqualification of members of the

state legislature in consultation with the Election Commission.

8. When a bill is sent to the governor after it is passed by state

legislature, he can:

(a) Give his assent to the bill, or

(b) Withhold his assent to the bill, or

legislature with or without amendments, the governor has to give

his assent to the bill, or

(d) Reserve the bill for the consideration of the president. In one

case such reservation is obligatory, that is, where the bill passed

by the state legislature endangers the position of the state high

court. In addition, the governor can also reserve the bill if it is of

the following nature:4

(i) Ultra-vires, that is, against the provisions of the Constitution.

(ii) Opposed to the Directive Principles of State Policy.

(iii) Against the larger interest of the country.

(iv) Of grave national importance.

(v) Dealing with compulsory acquisition of property under Article

the Constitution.

9. He can promulgate ordinances when the state legislature is not in

session. These ordinances must be approved by the state

legislature within six weeks from its reassembly. He can also

withdraw an ordinance anytime. This is the most important

legislative power of the governor.

10. He lays the reports of the State Finance Commission, the State

Public Service Commission and the Comptroller and Auditor-

General relating to the accounts of the state, before the state

legislature.

Financial Powers

The financial powers and functions of the governor are:

1. He sees that the Annual Financial Statement (state budget) is laid

before the state legislature.

2. Money bills can be introduced in the state legislature only with his

prior recommendation.

3. No demand for a grant can be made except on his recommendation.

4. He can make advances out of the Contingency Fund of the state to

meet any unforeseen expenditure.

5. He constitutes a finance commission after every five years to review

the financial position of the panchayats and the municipalities.

Judicial Powers

The judicial powers and functions of the governor are:

1. He can grant pardons, reprives, respites and remissions of

punishment or suspend, remit and 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.5

2. He is consulted by the president while appointing the judges of the

concerned state high court.

3. He makes appointments, postings and promotions of the district

judges in consultation with the state high court.

4. He also appoints persons to the judicial service of the state (other

than district judges) in consultation with the state high court and the

State Public Service Commission.

Now, we will study in detail the three important powers of the governor

(veto power, ordinance-making power and pardoning power) by

comparing them with that of the President.

Table 30.1 Comparing Veto Powers of President and Governor

President Governor

With Regard to Ordinary Bills With Regard to Ordinary Bills

Every ordinary bill, after it is passed Every ordinary bill, after it is passed

by both the Houses of the by the legislative assembly in case

Parliament either singly or at a joint of a unicameral legislature or by

sitting, is presented to the President both the Houses in case of a

for his assent. He has three bicameral legislature either in the

alternatives: first instance or in the second

instance, is presented to the

1. He may give his assent to the

governor for his assent. He has four

bill, the bill then becomes an act.

alternatives:

2. He may withhold his assent to

1. He may give his assent to the

the bill, the bill then ends and

bill, the bill then becomes an act.

does not become an act.

2. He may withhold his assent to

3. He may return the bill for

the bill, the bill then ends and

reconsideration of the Houses. If

does not become an act.

the bill is passed by both the

3. He may return the bill for

Houses again with or without

reconsideration of the House or

amendments and presented to

Houses. If the bill is passed by

the President for his assent, the

the House or Houses again with

president must give his assent to

or without amendments and

the bill. Thus the president

presented to the governor for his

enjoys only a ‘suspensive veto’.

assent, the governor must give

his assent to the bill. Thus, the

governor enjoys only a

‘suspensive veto’.

4. He may reserve the bill for the

consideration of the President.

When a state bill is reserved by the When the governor reserves a bill

governor for the consideration of for the consideration of the

the President, the President has President, he will not have any

three alternatives: further role in the enactment of the

(a) He may give his assent to bill. If the bill is returned by the

the bill, the bill then President for the reconsideration of

becomes an act. the House or Houses and is passed

(b) He may withhold his assent again, the bill must be presented

to the bill, the bill then ends again for the presidential assent

and does not become an only. If the President gives his

Act. assent to the bill, it becomes an act.

(c) He may return the bill for This means that the assent of the

reconsideration of the Governor is no longer required.

House or Houses of the

state legislature. When a

bill is so returned, the

House or Houses have to

reconsider it within six

months. If the bill is passed

by the House or Houses

again with or without

amendments and

presented to the president

for his assent, the president

is not bound to give his

assent to the bill. He may

give his assent to such a

bill or withhold his assent.

Every money bill after it is passed Every money bill, after it is passed

by the Parliament, is presented to by the state legislature (unicameral

the President for his assent. He has or bicameral), is presented to the

two alternatives: governor for his assent. He has

1. He may give his assent to the three alternatives:

bill, the bill then becomes an act. 1. He may give his assent to the

2. He may withhold his assent to bill, the bill then becomes an act.

the bill, the bill then ends and 2. He may withhold his assent to

does not become an act. the bill, the bill then ends and

does not become an act.

3. He may reserve the bill for the

consideration of the president.

Thus, the President cannot return a Thus, the governor cannot return a

money bill for the reconsideration of money bill for the reconsideration of

the Parliament. Normally, the the state legislature. Normally, the

president gives his assent to a governor gives his assent to a

money bill as it is introduced in the money bill as it is introduced in the

Parliament with his previous state legislature with his previous