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GOVERNOR

October 14, 2024

GOVERNOR

   Historical Context:

  • The governor of Rajasthan was historically known as the Rajpramukh until 1956.

  Constitutional Basis:

  • Article 153: Establishes the post of governor in each state.
  • Article 157: Qualifications for the role:
    • Must be a citizen of India.
    • Must be at least 35 years old.
    • Cannot hold a seat in Parliament or the State Legislature.
    • Cannot hold any profit-bearing government position.

  Selection and Appointment:

  • Selection: By the Central Government.
  • Appointment: Made by the President as per Article 155.

  Oath of Office:

  • Administered by the Chief Justice of the High Court or the senior-most judge.
  • Governor takes an oath to “preserve, protect, and defend” the Constitution.

  Tenure:

  • Typical term: 5 years.
  • Article 156: Governor serves at the pleasure of the President.
  • No specific provision for premature removal mentioned in the Constitution.

  Salary:

  • ₹3.5 lakh per month.

  Executive Powers:

  • Appointments: Chief Minister, Council of Ministers, Advocate General, RPSC Chairman and Members, Vice-Chancellors, Lokayukta, State Election Commissioner, Human Rights Commission members.
  • Advises the President on High Court judge appointments.
  • Formulates rules for state administration (Article 166(2)).
  • Appoints tribal welfare ministers in states like Madhya Pradesh, Chhattisgarh, Jharkhand, and Odisha.

  Legislative Powers:

  • Summons and prorogues the state assembly.
  • Nominates 1/6 of the Legislative Council members.
  • Assents to bills (Article 200).
  • Issues ordinances (Article 213) with a maximum validity of 6 months and 6 weeks.
  • Presents reports (State Finance Commission, RPSC, CAG) in the Legislative Assembly.

  Financial Powers:

  • Grants assent to money bills.
  • Constitutes the State Finance Commission (Articles 243I and 243Y).

  Judicial Powers:

  • Commutation, remission, and reprieve of punishments (Article 161).
  • Advises the President on the appointment of High Court judges.
  • Appoints District Judges (Article 233).
  • Note: Does not have the same power as the President regarding the death penalty and court-martial.

  Discretionary Powers (Article 163):

  • Refers bills to the President for approval (Article 201).
  • Recommends President’s rule in the state (Article 356).
  • Appoints Chief Ministers in case of no clear majority.
  • Can dissolve the state assembly prematurely (Article 174).

  Recommendations on Governor’s Role:

  • Sarkaria Commission (1983):
    • Governor should be from outside the state.
    • Appointed on the advice of the Chief Minister.
    • Fixed tenure suggested.
  • Punchhi Commission (2007):
    • Governor appointment should be based on recommendations from a committee including the Prime Minister, Lok Sabha Speaker, Home Minister, and the state’s Chief Minister.
    • Removal should be possible through impeachment by the Legislative Assembly.

  Important Governors of Rajasthan:

  • Gurmukh Nihal Singh: First Governor and longest-serving.
  • Pratibha Patil: First female Governor.
  • Governors who passed away in office: Darbara Singh, Nirmalchand Jain, Shilendra Kumar Singh, Prabha Rao.
  • Governors during President’s rule: Dr. Sampoornanand, Sardar Hukum Singh, Dr. M. Chennaredy, Baliram Bhagat.
  • Chief Minister during the 1975 Emergency: Haridev Joshi.
  • Governor during the 1975 Emergency: Sardar Jogendra Singh.

  Key Facts:

  • Some governors have also held significant positions like Speaker of the Lok Sabha (e.g., Baliram Bhagat, Shivraj Patil) or served as Chief Ministers of other states (e.g., Kalyan Singh, Madanlal Khurana).
  • First female governor: Pratibha Patil.
  • Shortest tenure: T.V. Rajeshwar.
  • Sarojini Naidu referred to the governor as a “bird in a gold cage.”

  Constitutional Articles Related to Governor:

  • Article 153: Provision for a Governor in each state.
  • Article 154: Executive power vested in the Governor.
  • Article 155: Appointment by the President.
  • Article 156: Term during the President’s pleasure.
  • Article 157: Qualifications.
  • Article 158: Conditions of office.
  • Article 159: Oath of office.
  • Article 161: Power of pardon.
  • Article 163: Governor’s discretionary powers.
  • Article 213: Power to issue ordinances.

  Notable Committees on Governor’s Role:

  • First Administrative Reforms Commission (1966).
  • Rajamannar Committee of Tamil Nadu (1969).
  • Bhagwan Sahay Committee of Jammu and Kashmir (1970).
  • Sarkaria Commission (1983).
  • Venketchellaiya Commission (2000).
  • Punchhi Commission (2007).

  Notable Governors of Rajasthan:

  • Gurmukh Nihal Singh: First governor of Rajasthan and served the longest term.
  • Pratibha Patil: First female governor of Rajasthan.
  • Darbara Singh, Nirmalchand Jain, Shilendra Kumar Singh, Prabha Rao: Governors who passed away while in office.
  • Sampoornanand, Sardar Hukum Singh, Dr. M. Chennaredy, Baliram Bhagat: Governors who served during President’s rule in Rajasthan.
  • Mohanlal Sukhadia, Raghukul Tilak, Haridev Joshi, Bhairon Singh Shekhawat: Chief Ministers during President’s rule.

  Governors Holding Other High Offices:

  • Kalraj Mishra, Margaret Alva: Former members of both houses of Parliament.
  • Baliram Bhagat, Shivraj Patil, Sardar Hukum Singh: Served as Speaker of the Lok Sabha.
  • Pratibha Patil: Deputy Chairperson of the Rajya Sabha.
  • Darbara Singh: Speaker in a Legislative Assembly.
  • Kalyan Singh, Madanlal Khurana, M. Chennaredy, Vasantdada Patil, Sampoornanand, Gurmukh Nihal Singh: Governors who had also served as Chief Ministers in other states or Union Territories.

  Governors with Judicial Backgrounds:

  • Navrang Lal Tibrewal, Vedpal Tyagi, Milap Chand Jain, Swaroop Singh: Judges who served as acting governors.

  Notable Governors with Short Tenure:

  • T.V. Rajeshwar: Shortest-serving governor in Rajasthan.

  Famous Descriptions of the Governor’s Role:

  • Sarojini Naidu: Called the governor a “bird in a gold cage.”
  • Vijaya Lakshmi Pandit: Referred to it as a “charm of salary.”
  • Pattabhi Sitaramayya: Described the governor as a “guest hospitable.”
  • Margaret Alva: Viewed the position as a “headache.”

  Important Constitutional Articles Regarding Governor:

  • Article 153: Provides for a governor in each state.
  • Article 154: Executive powers of the state vested in the governor.
  • Article 155: Appointment of the governor by the president on the recommendation of the central government.
  • Article 156: Term of the governor’s office is subject to the president’s pleasure.
  • Article 157: Qualifications for the governor.
  • Article 158: Conditions for holding the office.
  • Article 159: Governor’s oath of office.
  • Article 161: Power to pardon.
  • Article 163: Discretionary powers of the governor.
  • Article 213: Power to issue ordinances during the recess of the legislature.

  Key Committees Addressing the Governor’s Role:

  • First Administrative Reforms Commission (1966)
  • Rajamannar Committee of Tamil Nadu (1969)
  • Bhagwan Sahay Committee of Jammu and Kashmir (1970)
  • Sarkaria Commission (1983)
  • Venketchellaiya Commission (2000)
  • Punchhi Commission (2007)

  Notable Governors and Chief Ministers During Key Historical Moments:

  • Haridev Joshi: Chief Minister during the Emergency of 1975.
  • Sardar Jogendra Singh: Governor during the Emergency of 1975.

  Governors Who Have Resigned Before Completing Their Terms:

  • Darbara Singh
  • Madanlal Khurana
  • Pratibha Patil

  Notable Former Governors Who Held Multiple Prestigious Positions:

  • Kalraj Mishra, Margaret Alva, Baliram Bhagat, Pratibha Patil: All held significant roles in the Parliament or the judiciary.
  • Sardar Hukum Singh, Baliram Bhagat, Shivraj Patil: Former Speakers of the Lok Sabha.
  • Pratibha Patil: Deputy Chairperson of the Rajya Sabha and later the first female President of India.

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