UP PCS Mains-2024

Approach Give a brief introduction about the Governor. Discuss the functions related to the office of the Governor. Discuss the constitutional positioning of the Governor. Conclude highlighting the significance of the governor.

Introduction

The governor is the constitutional head and the chief executive head of the state whose powers are enshrined in Part VI of the constitution. The governor also acts as an agent of the central government. Therefore, the office of governor has a dual role and forms an important part of the state executive.

Body

Functions Related to The Office of The Governor:

• Executive Functions:
  • The governor can set up rules for more convenient transactions of the business of a state government and allocate the said businesses among the ministers.
  • He appoints the Chief Minister of the state and other ministers, they hold office during his pleasure.
  • The tribal welfare minister of Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha are appointed by him.
  • The advocate general of a state, the state election commissioner, the chairman and members of the state public service commission, and the vice-chancellors of universities in the state are appointed by the governor.
  • He can recommend the imposition of constitutional emergency in a state to the president.
• Legislative Functions:
  • Governor can summon or prorogue state legislature and dissolve the legislative assembly, promulgate ordinances when the state legislature is not in session, he can reserve the bill for consideration of the president.
  • He nominates one-sixth of the members of the state legislative council.
• Financial Functions:
  • Money bills can be introduced in the state legislature only with the prior recommendation of the governor.
  • He constitutes a state finance commission after every five years, and no demand for a grant can be made except on his recommendation.
• Judicial Functions:
  • President consults with the governor while appointing the judges of the concerned state high court.
  • He makes appointments, postings, and promotions of the district judges in consultation with the state high court.

The constitutional position of the Governor:

• Article 154: States that the executive power of the state shall be vested in the governor.
• Article 163: There shall be a council of ministers with the chief minister as the head to aid and advise the governor.
  • After the 42^nd Constitutional Amendment Act 1976, ministerial advice has been made binding on the President, but no such provision has been made with respect to the governor.
• Article 167: Deals with provisions related to the duties of the Chief Minister regarding furnishing of information to the Governor.
• Article 201: Deals with the bills reserved by the Governor for consideration of the President.
• Article 213: Deals with the power of the Governor to promulgate ordinances.

Conclusion

Thus, the role of the governor is indispensable for the successful working of constitutional democracy. However, there is a strong need for reforms so that the virtue of discharging one’s duty impartially is withheld to ensure a free and fair working of Democracy.