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The Powers & Duties of Officers & Employees

4(i)(b)(ii)

 

GOVERNOR

 

i. Constitutional Position of the Governor

The Constitution of Jammu & Kashmir, read with the Constitution of India, defines the Constitutional position of the Governor of Jammu & Kashmir. 

 

a)   The Governor is the Head of the State and is appointed by the President of India through a Warrant under his hand and seal to hold office for a term of five years from the date on which he enters upon his Office, subject to the pleasure of the President. Notwithstanding the expiration of his term, however, he is bound to continue to hold Office until his successor enters upon his Office.

 

b)  The Governor cannot hold any other office of profit. His emoluments, allowances and privileges, contained in the IInd SCHEDULE of the Constitution of Jammu and Kashmir, cannot be diminished during his term of office.

 

c)   Before entering upon his office, the Governor has to make and subscribe, in the presence of the Chief justice of the Jammu and Kashmir High Court or, in his absence, the senior most Judge of the High Court available, an Oath or Affirmation.

 

d)  The executive power of the State is vested in the Governor and is exercised by him either directly or through officers subordinate to him in accordance with the Constitution of Jammu and Kashmir.

 

e)  The Governor, custodian of all executive powers under the Jammu and Kashmir Constitution, exercises his formal Constitutional powers only upon and in accordance with the advice of the Council of Ministers with the Chief Minister at its head, save in certain  well known exceptional situations, such as:

(i) Choice or appointment of Chief Minister, though restricted by the paramount consideration that he should command majority of the members of the Legislative Assembly.

 

(ii) Dismissal of the Government which has lost its majority in the Legislative Assembly but refuses to quit office.

 

(iii) Dissolution of the House, although this must also be done on the advice of Chief Minister who has eventually to take the responsibility for the step.

 

(iv) Proclamation of Governorís Rule in the State under Section 92 of the Constitution of Jammu and Kashmir in the event of  failure of the Constitutional machinery. (The Legislative Assembly in such an event may either be kept in a state of suspended animation or dissolved)


ii. Functions and Powers of the Governor

 

(a) The Governor has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.

 

(b) The Governor appoints the Chief Minister. Other Ministers including Ministers of State and Deputy Ministers are also appointed by the Governor but on the advice of the Chief Minister. The Ministers and the Deputy Ministers hold office only during the pleasure of the Governor.

 

(c) The Governor or any person authorized by him administers the oaths of office and secrecy to Ministers before they enter upon their offices.

 

 (d) The Governor appoints the Advocate General for the State from among qualified persons.

 

(e) The Governor makes rules for the more convenient transaction of business of the government of the State and for the allocation among Ministers of the State Business.

 

(f)  The Governor may, if he is of the opinion that women are not adequately represented in the Assembly, nominate not more than two women to be Members of the Legislative Assembly. The convention is to do so on the advice of the Chief Minister.

 

(g) The Governor can nominate 8 members to the State Legislative Council, not more than three of whom are to be persons belonging to any of the Socially or Economically Backward Classes in the State and the others shall be persons having special knowledge or practical experience in respect of matters such as literature, science, art, co-operative movement and social service.

 

(h) The Governor summons from time to time each House of the Legislature to meet at such time and place as he thinks fit. The Governor from time to time prorogues the Houses or either House. He can also dissolve the Legislative Assembly on the advice of the Chief Minister who is still commanding a majority in the Assembly.

 

(i)  The Governor  addresses either House of Legislature or both Houses assembled together and may for that purpose require the attendance of Members. The Governor may send messages to either House whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent, shall with all convenient dispatch, consider any matter required by the message to be taken into consideration.

 

(j)  At the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session each year, the Governor  addresses both Houses of the Legislature assembled together and inform the Legislature of the causes of its summons.

 

(k) The Governor or some person appointed by him administers an oath of affirmation to every Member of the Legislative Assembly or Legislative Council before he takes seat in the House.

 

(l) The Governor recommends introduction of a Money Bill in and its consideration by the State Legislature, without which such Bill cannot be introduced.

 

(m) The Governor accords Assent to a Bill after it has been passed by both  the Houses of the Legislature before it comes into effect.

 

(n) The Governor causes to be laid before both Houses of the Legislature, a statement of the estimated receipts and expenditure of the State in respect of every financial year, as also another statement showing estimated amount of additional or supplementary expenditure on unforeseen items.

 

(o) The Governor can also make rules governing procedure in respect of communications between the two Houses of the Legislature in consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council.

 

(p) If at any time, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to require, provided that the power of making an Ordinance shall extend only to those matters with respect to which the Legislature has power to make laws. Such an Ordinance has the same force and effect as an Act of the Legislature assented to by the Governor; but every such Ordinance has to be laid before both Houses of Legislature and ceases to operate at the expiration of six weeks from the re-assembly of the Legislature or if, before the expiration of that period, a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council. The Governor can, however, withdraw the Ordinance at any time.

 

(q) If at any time the Governor is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution, the Governor can by proclamation in a prescribed form:

(i)  assume to himself all or any of the function of the Government of the State and all or any of the powers vested in or exercisable by anybody or authority in the State; and

(ii) make such incidental and consequential provisions as appear to the Governor to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operations of any provision of the State Constitution relating to anybody or authority in the State.

(r)  However, this Proclamation has to be issued with the concurrence of the President of India. Any such Proclamation, except where it is a proclamation revoking a previous Proclamation, ceases to operate on the expiration of six months from the date it is first issued.

 (s) If the Governor by Proclamation assumes to himself any of the powers of the Legislature to make laws, any law made by him in the exercise of that powers, subject to the terms thereof, continues to have effect until two years have elapsed from the date on which the Proclamation ceases to have effect, unless sooner repealed or re-enacted by an Act of the Legislature.

 

(t)  Every Proclamation so made except where it is a Proclamation revoking a previous Proclamation, has to be laid before each House of the Legislature, as soon as it is convened.

 

(u) Appointment of Judges of the High Court is done by the President of India in consultation with the Governor.

 

(v) The Governor administers oath or affirmation to every person appointed to be a Judge of the High Court before he enters upon his office. He may, however, authorize the Chief Justice to do so in case of other Judges.

 

(w) The Governor receives a report on the work done by the Public Service Commission and he causes a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance, laid before the Legislature.

 

(x) All executive actions of the Government of Jammu and Kashmir are to be expressed to be taken in the name of the Governor or of the Government of Jammu and Kashmir. Orders and other instruments made and executed in the name of the Governor or of the Government of Jammu and Kashmir are to be authenticated in such manner as may be specified in the rules made by the Governor.

 

(y) The President of India may make such provisions as he thinks fit for the discharge of functions of the Governor on any contingency not provided for in the Constitution.

 

iii. Other  Roles &  Positions of the Governor J&K

 

(a) The Governor J&K is the Chairman of the Shri Mata Vaishno Devi Shrine Board and Shri Amarnathji Shrine Board.

 

(b)  The Governor J&K is the ex-Officio Chancellor of following Universities in the State:

 

i)   University of Kashmir, Srinagar.

 

ii)  University of Jammu, Jammu.

 

iii) Sher-i-Kashmir University of Agricultural Sciences and Technology, Kashmir, Srinagar.

 

iv) Sher-i-Kashmir University of Agricultural Sciences and Technology,  Jammu, Jammu.

 

v)   Shri Mata Vaishno Devi University, (SMVDU) Katra, Jammu.

 

(c) In his capacity as Chancellor, he is the Chairman of the University Councils of these Universities (except SMVDU). The powers of the Chancellor are derived from the University Acts and Statutes prepared there under.

 

(d) The Governor J&K is the ex-officio President of the Rajya Sainik Board.

 

(e) The Governor is the ex-officio President of the J&K Branch of the Indian Red Cross Society. In this capacity, he is also the Chairman of the Managing Committee of the Jammu and Kashmir Branch of the Red Cross Society. He derives powers from the Constitution of the J&K Branch of the Red Cross Society.

 

(f)  The Governor is the Patron of the Jammu and Kashmir Academy of Art, Culture and Languages. 

 

(g) The Governor is the Chairman of the Institute of Kashmir Studies, University of Kashmir.

 

(h) Majority of the shares of the J&K State in the government owned corporations are held in the name of the Governor. However, the Governor discharges his responsibility as a Share-holder through proxies.

 

(i) The Governor is the Appointing Authority for the Chairman and Members of the following important Bodies.

  1. Jammu & Kashmir Public Service Commission.

  2. Jammu & Kashmir State Information Commission.

  3. Jammu & Kashmir Human Rights Commission.

  4. Jammu & Kashmir Accountability Commission.

  5. Jammu & Kashmir Vigilance Commission.

 

iv. Constitutional Protection of Governor J&K

 

a)  The Governor is not answerable to any Court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties.

Provided that it shall not  restrict the right of any person to bring appropriate proceedings against the Government.

 

b)  No criminal proceedings whatsoever shall be instituted or continued against the Governor in any court during his term of office.

 

c)  No process for the arrest or imprisonment of the Governor shall issue from any court during his term of office.

 

d)  No civil proceedings in which relief is claimed against the Governor shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity.

 

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Governor
    i.  Constitutional Position
   ii   Functions & Powers

  iii  Other Roles & Position
   iv  Constitutional Protection 

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