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DAILY NEWS ANALYSIS
05 January, 2021
17 Min Read
Article 153 states that there shall be a Governor for each state. The same person can be appointed as Governor for 2 or more states was added by 7th amendment act 1956. Article 154 states that the executive power of the state is vested in him and is exercised by him either directly or through officers subordinate to him.
Appointment & Tenure (Article 155 & 156)
Qualifications & Conditions for office (article 157 & 158) of Governor
He must be -
Oath
Article 159 says that the Governor and every person discharging the functions of the Governor is to take an oath or affirmation before the Chief Justice of the High Court of that state, or in his absence, the senior-most judge of that court available.
Article 160 gives the president the power to 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.
Executive Powers of Governor
Legislative Powers of Governor
(a) Bill would have required his previous sanction;
(b) Required to be reserved under the Constitution for the assent of the President.
Discretionary Powers of Governor
Financial Powers of Governor
Judicial powers of governor
Other Powers
The Governor receives the report of the Auditor General and places it before the State Legislature. He places the report of the state Public Service Commission along with the observations of the Council of Ministers before the State Legislature. As chancellor of various universities within the jurisdiction of the state, he appoints the vice-chancellors of the universities.
Comparison between Powers and Position of the president and the Governor
President |
Governor |
The President is not only the Head of the State internal and the Government, he is also the Commander-in-Chief of the Armed Forces. |
Each state has its own laws and the Governor, who looks after the governance of every state. He is the person, who finalises the budget of the state and also has the power to appoint judges in the courts. |
The President cannot function without the aid and advice of the Council of Ministers. |
Governors can exist without the aid and advice of the Council of Ministers. |
The President can grant pardon, reprieve, respite, suspension, remission of Commutation in respect to punishment or sentence by a Court Martial. |
Governor can suspend, remit or commute a death sentence. The Governor does not enjoy power of pardoning a death sentence. |
Every Ordinary Bill, after it is passed by both the houses of the Parliament either single or at a joint sitting is presented to the President for his assent. |
Every Ordinary bill after it is passed by the Legislative Assembly in case of a Unicameral Legislature or both the Houses in case a Bicameral Legislature either in the first instance or in the second instance is presented to the Governor for his assent. |
I Every Money Bill after it is passed by both House of the Parliament is presented to the President for his assent. |
Every Money Bill after it is the passed by the State Legislature is presented to the Governor for his assent. |
A President needs no instructions for making an ordinance
|
Governor can make an ordinance without instructions from the President only in three cases i.e. if a bill containing the same provisions would have required the previous sanction of the President for its introduction into the State Legislature or if he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President or it an act of the State Legislature containing the same provisions would have been invalid without receiving the President's assent. |
Source: Aspirenotes
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