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constitutional_law:governor

Governor

Powers and Functions of Governor:

There shall be Governor for each State, Provided that nothing shall prevent the appointment of the same person as Governor for two or more States.

Executive power of State:

  1. The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

Appointment of Governor.:

The Governor of a State shall be appointed by the President by warrant under his hand and seal. (Article 155)

Term of office of Governor:

  1. The Governor shall hold office during the pleasure of the President.
  2. The Governor may, by writing under his hand addressed to the President, resign his office.
  3. Subject to the foregoing provisions of this article, a Governor shall hold for a term of five years from the date on which he enters upon his office.
  4. Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (Article 156)

Qualifications for appointment as Governor:

No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years. (Article 157)

Conditions of Governor’ office:

  1. The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.
  2. The Governor shall not hold any other office of profit. (Article 158)

Discharge of the functions of the Governor in certain contingencies:

The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for (Article 160).

Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases:

The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or 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. (Article 161).

Extent of executive power of State:

Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws.

Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by the Constitution or by any law made by Parliament upon the Union or authorities thereof. (article 162)

Created on 2020/10/19 23:13 by • Last modified on 2021/01/27 06:53 by LawPage