India’s Fifth citizen powers

India’s Fifth citizen powers and Responsibilities in State Administration
India’s Fifth citizen powers

From the enactment of the constitution to now our country’s fifth citizen holds a great position in state administration. Fifth citizen also called as Governor (or) Executive head of the state (or) agent of the central government.

Who is Governor?

According to the Indian Constitution, the states will operate under a parliamentary system of government, the same as the federal government. The state governments are addressed in Articles 153 to 167 of Part VI of the Constitution. Governor is the nominal head of the state who the president appoints. It is a constitutionally independent office that does not report to or is controlled by the federal government.

Parameters to Become Governor:

1. He should be an Indian citizen.

2. He should have reached the age of 35.

3. He shouldn't be a member of either the House of Parliament or a House of the State legislature.

4.  He shouldn't have any other profitable positions (office of profit).

Oath and powers of the Governor:

The senior-most available judge of that court or, in his absence, the chief justice of the relevant state high court administers the oath of office to the governor.

Executive powers:-

1. All main decisions were taken in his name.

2. He appoints a chief minister, a council of ministers, an election commissioner of the state, an advocate general of a state, and chairman and members of the public service commission.

3. He can advise the president to declare a constitutional emergency in a state. The governor has a wide range of executive powers while the President is in charge of a state during that time.

4. He serves as the state's chancellor for the universities.

Legislative powers:-

1.  He has the authority to convoke, prorogue, and dissolve the state legislature.

2. when a bill is sent to him he can give accent to the bill, Withhold his assent to the bill,          return the bill (if it is not a money bill), or reserve the bill for consideration by the president.

3. He can nominate one-sixth of the members of the state legislative from amongst persons having special knowledge and one member from the Anglo-Indian Community.

4. He can issue ordinances When the state legislature is not in session. Within six weeks of their reassembly, the state legislature must ratify these ordinances. A resolution may also be withdrawn at any moment.

 

Judicial Powers:-

1For those found guilty of violating laws that are under the state's executive branch, he has the power to commute sentences and postpone punishments. Additionally, he has the authority to grant pardons, reprieves, respites, and penalty reductions.

2.  He appoints District judges and persons to the judicial service of the state in consultation with the high court.

Financial Powers:-

He holds some powers like he can make advances out of the contingency fund of the state, constitutes a finance commission after every five years to review the financial position of panchayats and municipalities, and without his prior recommendation money bills can’t be introduced in the state legislature.

Major issues between State governments and their Governors:-

State Government VS Governor of Tamil Nadu

This issue a raised due to the dismissal of the state minister Balaji, Dmk claims that the governor has no power to dismiss the state cabinet minister. The conflict between Ravi and the state administration is not new, but a string of incidents this year brought it to a head. The word "Tamizhagam" is allegedly an "appropriate" name for Tamil Nadu and also The delay in the Governor's assent to eight measures, including the one that aims to exempt students from the state from the NEET, which was enacted by the 16th Assembly, has angered the DMK government.

State Government VS Governor of Delhi

The main conflict between the state and the Lieutenant governor over the appointment of bureaucrats. Recent conflict is There is disagreement over how teachers who work in Delhi government schools overseas are trained. The Kejriwal administration claims it wants to send teachers to Finland to advance their education, but the LG has also placed a kink in that plan.

State Government VS Governor of Kerala

The issue is that the governor ordered the resignation of nine university vice-chancellors and not given accent to 11 bills. Governor Arif Mohammed Khan declined a request to call an extra Assembly session in December 2020 to discuss the three central farm laws.

State Government VS Governor of West Bengal

The issue is Mamata Banerjee, the Chief Minister of West Bengal, and the governor frequently argued on matters of peace and order, the hiring of police, and the conduct of elections.

State Government VS Governor of Karnataka

The issue is After the 2018 elections in Karnataka, Governor Vajubhai Vala invited the BJP to form the government and granted B S Yeddyurappa 15 days to establish a majority. It was shortened to three days after being challenged at the Supreme Court by Congress and JDS.

 

Problems with the Governor's position:

1) Constitutional gaps regarding the selection of the Chief Minister, the dissolution of the assembly, and the duration of a Governor's withholding of his or her assent to a Bill.

2) The constitutional and statutory functions of the governor are not separated from one another.

3) There are no explicit guidelines for how the governor and the state administration must interact publicly during a disagreement.

4) Regarding the dismissal of Governors, there are no defined justifications or procedures. As a result, the governors were overthrown on several occasions.

 

Recommendations:

1) Punchhi commission:- Governors can be removed from office using the same process used to remove the president. It should no longer be customary for governors to hold other statutory roles and serve as university chancellors.

2) The Second Administrative Reforms Commission:- A candidate for governor should have extensive experience in public service and administration and be able to be relied upon to put aside political biases and preferences. The Inter-State Council should develop guidelines for how governors should use their discretion.

3) Sarkaria Commission:- The state's governor ought to be an outsider. When it is impossible to stop a state's constitutional machinery from breaking down, Article 356 should only be utilized in very unusual circumstances.

4) Venkatachaliah Commission:- The five-year tenure of governors must be permitted to be completed normally. Before removing them from office before the end of their term, the central government shall confer with the Chief Minister.

5) National Commission to Review the Constitution's Workings (NCRWC):- A committee made up of the PM, Home Minister, Speaker, and state's chief minister should choose the governor.

Even though many commissions have given recommendations, no government has implemented them.

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