I perfectly agree, BUT...
Once again its time to review the need for the post of the governor in the Indian administrative scenario which is the 'left over' of colonialism in India. Let us look into the authority and powers of a governor in whose selection the voter who is the supremo in a democracy has no say, whatsoever. To begin with, the Governor is the chief executive authority in a state. He is appointed by the President on the advice of the Prime Minister. The Governor is appointed for a period of five years, but holds the office at the pleasure of the President. He may be removed by the President before the expiry of his term or he may even resign.
His functions include:- 1. Executive Powers:
a) He is the constitutional head of the state;
b) He appoints the leader of the majority party as the Chief Minister;
c) He appoints the council of ministers on the advice of the Chief Minister;
d) He appoints the Advocate General, Chairman and members of the respective State Public Commission;
e) He nominates the Anglo-Indian members to the Assembly;
f) He can seek any information from the Chief Minister.
2. Legislative Powers:
a) He is a part of the state legislative and can summon, adjourn or prorogue the state legislative.
b) He can call for a joint sitting of both the houses (if there are two).
c) No bill can become a law until the Governor signs it.
d) He can withhold a bill and send it to the President for consideration.
e) He can issue ordinances during the recess of the legislature.
f) He can dissolve the State Assembly before the expiry of its term on the advice of the Chief Minister or as directed by the President.
3. Judicial Powers:
a) The governor appoints the district judges.
b) He is consulted in the appointment of the judges of the High Court by the President.
c) He can pardon, remit and commute the sentence of a person convicted by a state court.
4. Financial Powers:
a) He causes the annual budget to be laid before the Assembly.
b) No money bill can be introduced without his prior approval.
5. Discretionary Powers: The Governor can use these,
a) If no party gets an absolute majority, the Governor can use his discretion in the selection of the Chief Minister.
b) During an emergency he can override the advice of the council of ministers. At such times, he acts as an agent of the President and becomes the real ruler of the state.
c) He uses his direction in submitting a report to the President regarding the affairs of the state, and
d) He can withhold his assent to a bill and send it to the President for his approval.
I perfectly agree with the governor that his address to the assembly in the budget session was his constitutional duty and that it cannot be disrupted at any cost.
At the same time, I doubt if he, as the Constitutional Head of the State, used his authority and constitutional duty-
(1) in seeking more information on the depositions of a citizen- that too from a woman who states that she was sexually exploited- one Saritha Nair, about the "graft" by the Chief Minister; and
(2) if he withheld assent of all money bills after the alleged nefarious activities of not one, but multiple ministers in the present Kerala Cabinet in not one, but several scams.
Yes, it falls within his discretionary powers to withhold assent to any bill and send it to the president for his approval. Thanks.
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