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The Governor of Rajasthan
2.1 Constitutional Provisions
The Governor is appointed under Article 155 by the President of India. Key constitutional articles:
- Article 153: Every state shall have a Governor.
- Article 154: Executive power of the state vested in the Governor; exercised either directly or through subordinate officers.
- Article 157–158: Qualifications — Indian citizen, 35 years of age, not a Member of Parliament or State Legislature.
- Article 159: Oath administered by the Chief Justice of the High Court.
- Article 161: Governor's power to grant pardons for offences against state law (different from President's pardon power under Article 72 which covers Union laws and death sentences).
- Article 200: Governor can assent to, withhold, or reserve bills passed by the state legislature.
2.2 Executive Powers
The Governor:
- Appoints the Chief Minister; appoints other ministers on CM's advice.
- Appoints Advocate General, members of State Public Service Commission, State Election Commissioner.
- All executive actions of the state government are taken in the name of the Governor (Article 166).
2.3 Legislative Powers
- Addresses the Rajasthan Vidhan Sabha at the beginning of each budget session.
- Summons, prorogues, and dissolves the Vidhan Sabha (on CM's advice).
- Nominates one member to the Vidhan Sabha from the Anglo-Indian community (if under-represented) — Note: 104th Constitutional Amendment (2020) discontinued this provision for the Anglo-Indian community.
- May promulgate Ordinances under Article 213 when the Assembly is not in session (requires President's instructions for certain subjects).
2.4 Discretionary Powers
The Governor exercises discretion (without CM's advice) in:
- Hung Assembly: Appointing CM when no single party has clear majority — inviting leader most likely to command confidence.
- Dismissal of government: If the government loses majority and refuses to face the floor.
- Dissolution of Assembly: In exceptional circumstances.
- Reservation of bills: For President's consideration — especially bills that encroach on High Court jurisdiction.
- University Chancellor: Governor is ex-officio Chancellor of state universities and has independent powers regarding university administration.
Controversies in Rajasthan: The use of Governor's office in political crises (e.g., 2020 Rajasthan political crisis involving Governor Kalraj Mishra and CM Ashok Gehlot) highlighted tensions around the Governor's discretionary role in convening the Assembly session.
