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Governor of the State Article 153 (Term of the Office of the Governor…
Governor of the State
Article 153
Office
Article- 153
There shall be governor for each state and by
7th Constitutional Amendment Act,1956
, there can be one Governor for two or more states.
Executive Power of the State
Article 154
The executive power of the Governor shall be vested in the Governor & shall be exercised by him directly or by a sub- ordinate appointed by him as per constitutional provisions.
Article 154
shall not prevent parliament or state legislature from transferring certain functions on any authority sub- ordinate to Governor.
Appointment of the Governor
Article 155
He shall be appointed by President by a warrant under his hand and seal. In a way, he's a nominee of Union Government as he is appointed by President after consultations with Council of Ministers under
Article 75
Term of the Office of the Governor
Article 156
He holds his office only during the pleasure of the President
Governor may give his resignation, in writing, via letter to the President
He shall hold the office for a period of 5 years from the date on which he enters the office. He can hold the office beyond the period of 5 years till his successor assumes the office. This is to avoid interregnum.
Qualifications
Article 157
Citizen of India
Must have attained 35 years of age
2 conventions apart from Article 157
He should be from outside the state in which he/she is appointed
CM of the state must be consulted before his/her appointment
Both the conventions are barely followed in practice
Conditions for the Office
Article 158
Must not be a MP or MLA/MLC from any state specified in the First Schedule. if a sitting MP/MLA/MLC is appointed as a Governor, he/she is deemed to have vacated the seat on the date on which he/she assumes Governor's office.
He mustn't hold any office of profit
He is entitled for his official accommodation ie, Raj Bhawan without the payment of any rents along with such emoluments/ payments as decided by the Parliament. If he is governor for two or more states, then his expenses are borne by such states in proportions decided upon by
President.
Oath or Affirmation
Article 159
He/she shall subscribe the oath in the presence of Chief Justice of the HC of the state concerned or in his absence, the senior-most judge of the HC.
Discharge of functions in certain contingencies
Article 160
The
President
may make such provisions as he thinks necessary for discharge of functions of the Governor of a state in any contingency not provided in the constitution. so, President can also appoint CJ of HC as the Governor on a temporary basis.
Clemency Powers
Article 161
He can grant pardon, respite, reprieve from a punishment and he can commute, suspend and remit a sentence. The power of judicial review by SC/HCs is limited in the context f Article 161 and can be declared
ultra virus
only on the grounds that the decision made by Governor was without the application of mind and vitiated by mala- fides. (
Devinder Pal Singh Bhullar v/s State( NCT of Delhi) Case, 2013
He can't pardon in the cases where sentence is a sentence of death. Only President has the power to pardon death sentences and punishment under
Article 72*
Governor has no
locus standi
in cases related to
court- martial
Council of Ministers of the state and Governor
Article 163
There shall be a CoM of the state to be headed by CM to aid and advise the Governor in the discharge of his functions. The advise tendered by the CoM on the Governor is not binding on the Governor as in the case of President.
In case of conflict, on the question of constitutionality of discretion exercised by the Governor, the decision of the Governor is final and can't be inquired in any court
Article 163(2)
. Thus, unlike President, Governor can exercise his discretion in certain cases. Also,
orders arising out of personal discretion of the Governor can't be taken up for consideration under Judicial Review.
Appointment of
Advocate General of the State
Article 165
Governor can appoint a person who is qualified to be appointed as the judge of HC as Advocate- General of the State. He holds his office during the pleasure of the Governor and latter decides his remuneration.