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Appointment of the Governor
Context
President Droupadi Murmu has appointed new governors for six states and shifted incumbents in three states.
About Governor
- The state executive comprises the Governor and the Council of Ministers, with the Chief Minister as its head. The Governor exercises executive functions with the aid and advice of the Council of Ministers, except where the Constitution requires independent exercise of discretion.
- Appointment (Article 155): The Governor of a state is appointed by the President of India through a formal warrant under their hand and seal.
- Tenure (Article 156): The Governor holds office during the pleasure of the President, with a normal term of five years. The President can withdraw pleasure at any time, leading to the Governor's resignation.
- Qualifications for Governor:
- Citizenship and Age (Articles 157 and 158): The Governor must be a citizen of India and at least 35 years old.
- Restrictions: They should not be a member of Parliament or any state legislature, and must not hold any other office of profit.
- Role and Powers of the Governor:
- Constitutional Role (Article 154): The Governor is the head of the state executive but acts as a non-political figure.
- Relationship between Governor and State Government: Advisory Role (Article 163): They are advised by the Council of Ministers with the Chief Minister as its head, except when discretion is required by the Constitution. Governor must act on the advice of the Council of Ministers of the state.
- Powers: The Governor has significant powers such as
- giving assent to bills passed by the state legislature
- deciding on the time for proving majority in the Assembly
- determining which party gets first chance in a hung Assembly scenario
Friction in Governor-State Government Relations:
- Political Dynamics: Over the years, Governors have been accused of favoring the central government's interests, particularly when it differs from the state government's.
- Friction: Disputes often arise when Governors perceived as political appointees interfere in state matters or act against the state government's wishes.
- Issues: There's no provision for impeaching Governors, and their allegiance to the central government can sometimes create prolonged disputes with state administrations.
- Controversies: Instances of Governors being accused of partisan conduct have led to bitter exchanges between state governments and Raj Bhavans.
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