Tag: governor, chief minister and state council of ministers

Governor is not permitted to take any decision on his own without state cabinet advise when an elected government is in charge under the provisions of Part VI of the constitution.

Article 202 of the Constitution of India states that the Governor of a State shall give permission for presenting before the House or Houses of the Legislature of the State a Statement of the estimated receipts and expenditure of the State for a financial year. This estimated statement of receipt and expenditure for a financial year, named in the Constitution as the "Annual Financial Statement," is commonly known as "Budget".

The State Advocate General is the first law officer of the State Government. He/She advises the state government upon legal matters and performs legal duties as assigned to him/her by the Governor. The State Advocate General is appointed by the Governor.

Various emoluments, allowances and privileges available to a governor are determined by the Governors (Emoluments, Allowances and Privileges) Act, 1982.

The qualifications of a person to be the governor are that He/she:

• must be a citizen of India
• must at least be 35 years of age
• must not be a member of either house of the parliament or house of the state legislature
• must not hold any other office of profit.

Before entering upon his office, the governor has to make and subscribe to an oath or affirmation. 

The first dismissal of a Governor was in October 1980, when Tamil Nadu Governor Prabhudas Patwari was dismissed by the President during the rule of the Indira Gandhi government. Prime Minister Indira Gandhi did not give Patwari, known as a Gandhian in the Raj Bhavan, the option to resign. The dismissal of Patwari without any valid reason was an instance of political abuse of Article 156(1) of the Constitution, which states that a Governor "shall hold office during the pleasure of the President".