THE GOVERNOR OF A STATE IN INDIA

Article 153 of the Constitution of India provides for the office of the Governor. The Governor is the Head of a State. Article 155 says down that the Governor of a State shall be appointed by the President of India under his hand and seal. Thus, the Governor plays a two-fold role as a Constitutional Head of a State Government and a link between the Center and the State Government. A common Governor may also be appointed for two or more States including some Union Territory or Territories of India.

QUALIFICATIONS:

Article 157 states that a person can be appointed as Governor, if he has certain qualifications;

a) He must be a citizen of India.

b)He must not be less than 35 years of age.

Article 158 states certain conditions for the office of a State Governor;

1)He cannot be a member of either House of the Parliament or of the Legislative of any State.

2) He shall not hold any other office of profit.

OATH BY THE GOVERNOR:

Every Governor and every person discharging the functions of the Governor shall make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the state an oath or affirmation before entering upon his office.

TERM OF OFFICE:

Under Article 156 of the Constitution of India, the Governor holds office during the pleasure of the President of India. He is appointed for a period of 5 years. But, he may be dismissed earlier by the President. His term of office may also be extended. A Governor may also be transferred to another state. When the term of office of the Governor is over, he continues in office of the Governor until his successor enters upon his office. Under Article 160 of the Constitution, the President of India shall make provision for the discharge of the functions of the Governor of a state in any Contingency.

SALARY AND PRIVILEGES:

The Governor draws a salary of Rupees three lakhs fifty thousand per month and other allowances. He lives in a rent- free house. No criminal and civil cases can be filed against the Governor for the discharge of his official duties during his term of office. He is also not responsible to the State Legislature for his functions.

POWERS AND FUNCTIONS OF THE GOVERNOR:

The Governor is the Chief Executive of a State. The executive powers of the state are vested upon the Governor. All his powers and functions are exercised by the State Council of Ministers headed by the Chief Minister. The powers and functions of the Governor mean the powers and functions of the Council of Ministers. The Governor can act at his discretion under Article 163 (2). In all other matters, the Governor of the state will act according to the advice of the State Council of Ministers which is headed by the Chief Minister under the Article 163 (1) of the Constitution of India.

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