News Highlight
Kerala Governor Arif Mohammed Khan ignited a political row on Monday with his warning to the state’s ministers.
Key Takeaway
- The Governor told them he would not hesitate to remove them if they continued to lower the dignity of Raj Bhavan.
- The context for this confrontation appears to be the Governor’s reluctance to grant assent to the Kerala University Laws (Amendment) Bill, 2022.
The Governor
- About
- Like the President of India, the Governor is a nominal head and acts as an agent of the central government. Therefore, the office of the governor has a dual role.
- Constitutional provision:
- Articles 153 to 167 in Part VI of the Constitution deal with the State Executive, which comprises
- The Governor
- The Chief Minister
- The Council of Ministers
- The Advocate General of the State
- Articles 153 to 167 in Part VI of the Constitution deal with the State Executive, which comprises
- Qualifications:
- The Constitution lays down only two qualifications for the appointment of a person as a governor.
- He/she should be a citizen of India.
- He/she should have completed the age of 35 years.
- Additionally, two conventions have also developed in this regard.
- He/she should be an outsider, meaning not belonging to the State of appointment, to remain free from local politics.
- While appointing the Governor, the President is required to consult the Chief Minister of the State concerned.
- The Constitution lays down only two qualifications for the appointment of a person as a governor.
- Appointment:
- The President appoints the Governor by warrant under his hand and seal.
- Oath:
- The Governor has to make and subscribe to an oath or affirmation administered by the Chief Justice of the concerned State’s High Court and, in his/her absence, the senior-most judge of that court available.
- Tenure:
- A Governor holds office for five years from the date he/she enters the office.
- However, this term of five years is subject to the pleasure of the President.
- Executive Powers of the governor:
- All executive actions of the State Government are formally taken in his/her name.
- He can make rules for more convenient transactions of the business of a State government.
- He appoints the Chief Minister, other ministers, and Advocate General who hold office during his/her pleasure.
- He appoints the State Election Commissioner (SEC).
- He appoints the Chairman and members of the State Public Service Commission, who can be removed only by the President and not by a Governor.
- He can recommend the imposition of a constitutional emergency in a State to the President. During the President’s rule in a state, the Governor enjoys extensive executive powers as an agent of the President.
- He acts as the Chancellor of universities in the State and appoints the Vice-Chancellors (VCs).
- Legislative Powers:
- He can summon or prorogue the State Legislature and dissolve the State Legislative Assembly.
- He can address the State Legislature at the commencement of the first session after each general election and the first session of each year.
- He can appoint any State Legislative Assembly member to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant and have similar powers concerning the State Legislature Council.
- 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.
- He decides on the question of disqualifying members of the State Legislature in consultation with the Election Commission.
- When a bill is sent to the governor after the State Legislature passes it, he/she can give assent to the bill, withhold assent to it, or return the bill (if it is not a money bill) for reconsideration.
- He can promulgate ordinances when the State Legislature is not in session and withdraw an ordinance anytime.
- He lays the reports of the State Finance Commission, the State Public Service Commission and the Comptroller and Auditor-General relating to the state accounts before the state legislature.
- Financial Powers:
- He sees that the Annual Financial Statement (State Budget) is laid before the State Legislature.
- Money bills can be introduced in the State Legislature only with his/her prior recommendation.
- No demand for a grant can be made except on his/her recommendation.
- He can make advances out of the Contingency Fund of the State to meet any unforeseen expenditure.
- He constitutes a Finance Commission every five years to review the financial position of the panchayats and the municipalities.
- Judicial Powers:
- He can grant pardons, reprieves, 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.
- Though the Governor has the power to pardon, he/she cannot pardon a death sentence.
- He/she is consulted by the President while appointing the judges of the concerned State High Court judges.
- He makes appointments, postings and promotions of the district judges in consultation with the State High Court and appoints persons to the Judicial Service of the State.
State council of ministers
- Article 163:
- There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in exercising his functions.
- Article 164:
- 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 overall number of Ministers in a State’s Council of Ministers, including the Chief Minister, must not exceed 15% of the total number of members of the Legislative Assembly of that State.
- Article 167:
- Chief Minister must communicate all administrative decisions that he and the council of ministers make to the governor.
- Qualifications:
- To be a Minister of a State Council, one should be a member of the State legislature; if he is not a member of the state legislature while becoming a member of the state legislature, he has to become one within six months from the date of entering the office.
- Further, the qualifications needed to be a member of the state legislature are :
- He must be a citizen of India.
- He must bear true faith and allegiance to the Constitution of India.
- He must be not less than 30 years of age in the case of the legislative council.
- He must not be less than 25 years of age in the case of the legislative assembly.
Content Source: The Hindu