Tag: the state executive

A person is qualified to be a state governor if he meets the following conditions. He/she must:

• be a citizen of India
• be 35 years of age at the minimum
• not be a member of the state legislature
• not hold any other office of profit.

Post elections to the state legislative assembly, the Governor usually invites the party (or coalition) with a majority of seats to form the government. The Governor appoints and swears in the Chief Minister, whose council of ministers are collectively responsible to the assembly.

The President appoints judges in a high court. The President appoints them in consultation with the Chief Justice of India and the Governor of the state. High courts are headed by a Chief Justice.

The term of governor's office is normally 5 years but it can be terminated earlier by:

1. Dismissal by the president (usually on the advice of the prime minister of the country) at whose pleasure the governor holds office. Dismissal of Governors without valid reason is not permitted. However, it is the duty of the President to dismiss a Governor whose acts are upheld by courts as unconstitutional and malafide. 
2. Resignation by the governor there is no provision for impeachment, as it happens for the president.

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.

Under the Indian Constitution, the Governor enjoys immunity from legal proceedings for acts done in the exercise of their official powers.