Note4Students
From UPSC perspective, the following things are important :
Prelims level: Appointment of Governors
Why in the News?
President Droupadi Murmu has appointed six new Governors and reshuffled three others.
New appointments:
| Name |
New Position |
| Om Mathur |
Governor of Sikkim |
| K. Kailashnathan |
Lieutenant Governor of Puducherry |
| Santosh Kumar Gangwar |
Governor of Jharkhand |
| Jishnu Dev Varma |
Governor of Telangana |
| Ramen Deka |
Governor of Chhattisgarh |
| C.H. Vijayashankar |
Governor of Meghalaya |
| Haribhau Kisanrao Bagde |
Governor of Rajasthan |
About the Office of Governor and his/her Appointment
|
Details |
| Role |
- Constitutional head of a state, similar to the President at the central level.
- Exists in states, while lieutenant governors and administrators are in union territories.
- Independent constitutional office, not subordinate to Central government.
|
| Articles |
Articles 153 to 167 in Part VI of the Constitution deal with the state executive |
| Part of State Executive |
Consists of the Governor, Chief Minister, Council of Ministers, and Advocate General |
| Borrowed Office |
- From the Government of India Act of 1935.
- Canadian model adopted: Governor appointed by President by warrant under his hand and seal.
|
| Dual Role |
- Chief executive Head of the States (nominal).
- Agent of the central government.
|
| Qualifications |
- Constitutional: Citizen of India, 35+ years old.
- Conventional: Outsider to the state, President consults the Chief Minister.
|
| Oath |
- Administered by the Chief Justice of the state High Court (or senior-most judge available)
- Swears to execute office faithfully, preserve the Constitution, and serve the people
|
| Term of Office |
- No fixed term, holds office for 5 years subject to President’s pleasure
- Eligible for reappointment.
- Can be transferred or hold office beyond term until successor assumes charge
|
| Removal |
- Can resign by addressing the President
- Can be removed by the President at any time without specified grounds
- Chief Justice of state high court may temporarily discharge functions in contingencies
|
| Additional Functions |
- Acts on advice of Chief Minister and Council of Ministers
- Holds executive power, legislative power (to some extent), and discretionary power
- Functions as Chancellor of state universities, where applicable
|
| Reforms stipulated by Sarkaria Commission (1988) |
- Governor should be appointed by the President after consulting the Chief Minister.
- Should be a person of eminence, not belonging to the state.
- Should not be removed before term completion except in rare circumstances.
- Act as a bridge between the center and state.
- Exercise discretionary powers judiciously.
|
|
PYQ:
[2013] Which one of the following statements is correct?
(a) In India, the same person cannot be appointed as Governor for two or more States at the same time
(b) The Judges of the High Court in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President
(c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post
(d) In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support. |
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