Mains Practice Question

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Topic

Seen as part of the “checks and balances” the Indian democracy is proud of, the post of a Governor of a state is a very interesting appointee of our political system. Discuss.
 
Introduction
A simple introduction to this answer can revolve around a general statement about Governor of the State.

Article 153 of the Constitution says “There shall be a Governor for each State.” A constitutional amendment in 1956 laid down that “nothing in this article shall prevent the appointment of the same person as Governor for two or more States”.

The Governor of a State is appointed by the President by warrant under his hand and seal and he/she shall hold office during the pleasure of the President”, but his normal term of office will be five years.

Body

You may incorporate some of the following points in the body of your answer:

Relationship between the Governor and the State Government

The Governor is an apolitical head who must act on the advice of the council of ministers. The Governor enjoys certain powers granted under the Constitution, such as giving or withholding assent to a Bill passed by the state legislature, or determining the time needed for a party to prove its majority, or which party must be called first do so, generally after a hung verdict in an election.

The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or 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.

There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.

The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor.

The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.

All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.

The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

Conclusion

Your conclusion should be short.

Over the decades, Governors have been seen as acting on the behest of the central government in power at the time, and have been accused by state governments, especially those in opposition, as acting as “agents of the Centre”.

Other Points to Consider

 

Qualifications for Appointment as Governor

Conditions of the Governor’s office

 

Previous Year Questions

 

1.Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (2022)

2.Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any, that have led to recent reported conflicts between the elected representatives and institution of Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of Indian Federal Politics? (2016)

18-Jul 2023
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