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GOVERNOR OF STATE ARTICLE 152 - 162, Assignments of Constitutional Law

Shivaji UniversityConstitutional Law

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2019/2020

Uploaded on 04/17/2020

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Governor of States (Article 152-162)
PART VI of the Constitution deals with the other half of Indian federalism, ie
the States. Article from 152-237 deals with various provisions related to
States. It covers the executive, legislature and judiciary wings of the states.
Article 152 clarifies about the definition of state, while the next set of articles
lists the roles and responsibilities of the Governors of states.
Table of Contents
oCHAPTER I.—GENERAL
oArticle 152 : Definition
oCHAPTER II.—THE EXECUTIVE
oThe Governor
Article 153: Governors of States
Article 154: Executive power of State
Article 155: Appointment of Governor
Article 156: Term of office of Governor
Article 157: Qualifications for appointment as Governor
Article 158: Conditions of Governor’s office
Article 159: Oath or affirmation by the Governor
Article 160: Discharge of the functions of the Governor in certain
contingencies
Article 161: Power of Governor to grant pardons, etc., and to
suspend, remit or commute sentences in certain cases
Article 162: Extent of executive power of State
Info-bits related to Governor of States
CHAPTER I.—GENERAL
Article 152 : Definition
In this Part, unless the context otherwise requires, the expression “State” does
not include the State of Jammu and Kashmir.
CHAPTER II.—THE EXECUTIVE
The Governor
ARTICLE 153: GOVERNORS OF STATES
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Governor of States (Article 152-162)

PART VI of the Constitution deals with the other half of Indian federalism, ie the States. Article from 152-237 deals with various provisions related to States. It covers the executive, legislature and judiciary wings of the states. Article 152 clarifies about the definition of state, while the next set of articles lists the roles and responsibilities of the Governors of states.

Table of Contents

o CHAPTER I.—GENERAL o Article 152 : Definition o CHAPTER II.—THE EXECUTIVE o The Governor  Article 153: Governors of States  Article 154: Executive power of State  Article 155: Appointment of Governor  Article 156: Term of office of Governor  Article 157: Qualifications for appointment as Governor  Article 158: Conditions of Governor’s office  Article 159: Oath or affirmation by the Governor  Article 160: Discharge of the functions of the Governor in certain contingencies  Article 161: Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases  Article 162: Extent of executive power of State  Info-bits related to Governor of States CHAPTER I.—GENERAL Article 152 : Definition In this Part, unless the context otherwise requires, the expression “State” does not include the State of Jammu and Kashmir. CHAPTER II.—THE EXECUTIVE The Governor ARTICLE 153: GOVERNORS OF STATES

There shall be a Governor for each State: Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States. ARTICLE 154: 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. (2) Nothing in this article shall— (a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or (b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor. ARTICLE 155: APPOINTMENT OF GOVERNOR The Governor of a State shall be appointed by the President by warrant under his hand and seal. ARTICLE 156: 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 office for a term of five years from the date on which he enters upon his office: Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. ARTICLE 157: 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 158: CONDITIONS OF GOVERNOR’S 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

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 162: 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 this Constitution or by any law made by Parliament upon the Union or authorities thereof. Info-bits related to Governor of States  Powers of the Governor can be broadly classified into executive, legislative (including financial powers) and judicial powers.  Though the Governor has the power to pardon, he cannot pardon a death sentence.  There are also related articles like 163 -167, 174-176, 200-201, 213, 217, 233-234 which touch the sphere of influence of the Governor of a state.  When the governor reserves a bill for the consideration of the President, the assent of the Governor is no longer required (only President’s assent would be needed then).  The president is not bound to give his assent to a state bill reserved by the governor for the Consideration of the President and he can return the bill to the houses for reconsideration ‘n’ times.  Removal of Governors by Center : Disapproving the practice of replacing Governors after a new government comes to power at the Centre, the Supreme Court in 2010 had said that the Governors of states cannot be changed in an arbitrary and capricious manner with the change of power. A five-judge Constitution bench headed by Chief Justice K G Balakrishnan held that a Governor can be replaced only under “ compelling” reasons for proven misconduct or other irregularities. The Bench also said the Governor can be removed only

under “compelling reasons” and what the compelling reasons are depends on facts and situations of a particular case.  The landmark decision came on a PIL filed was in 2004 by then BJP MP B P Singhal challenging the removal of Governors of Uttar Pradesh, Gujarat, Haryana and Orissa by the previous UPA government.  NB : The judgment had provided an important exception, which now allows the Union government to build a file containing the reasons for a governor’s removal prior to the council of ministers headed by the PM making such a recommendation to the President. Though the President can return the file, he must sign the recommendation in the event of Cabinet reiterating its decision. ( The case is even then open for Judicial review on grounds of “compelling” reasons for proven misconduct or other irregularities.)