Raj Bhavan

Role of the Governor
Some Views about the role of the Governor.

"Much as I would like to spare every paisa of public treasury, it would be bad economy to do away with Provincial Governors and regard Chief Ministers as a perfect equivalent. Whilst I would resent much power of interference to be given to Governors, I do not think that they should be mere figureheads. They should have enough power, enabling them to influence ministerial policy for the better. In their detached position, they would be able to see things in their proper perspective and thus prevent mistakes by their Cabinets. Theirs must be an all-pervasive moral influence in their provinces."

"... The Governor had been given a very useful and necessary place in the scheme of the team. He would be an arbiter when there was a constitutional deadlock in the State and he would be able to play an important role."

- Mahatma Gandhiji.

“Co-operative Federalism के वर्तमान परिप्रेक्ष्य में राज्यपालों द्वारा संविधान के परिरक्षण, संरक्षण और प्रतिरक्षण तथा जनता की सेवा और कल्याण में विरत रहने का आपका संवैधानिक दायित्व और भी अहम हो जाता है। आप सब केन्द्र और राज्यों के बीच सेतु की भूमिका निभाते हैं। संविधान की धारा 168 के अनुसार, राज्यपाल अपने प्रदेश की विधायिका के एक अहम अंग होते हैं। भारतीय संविधान के अंतर्गत राज्यपाल का ओहदा बहुत ऊंचा होता है। आप संवैधानिक आदर्शों और मर्यादाओं के प्रतीक हैं। कुछ विशेषाधिकार केवल राज्यपालों को ही उपलब्ध है। राज्य की जनता की निगाहें राजभवन पर टिकी रहती हैं। राजभवन का सभी पर अनुकरणीय प्रभाव पड़ता है। राजभवनों में मूल्यों और आदर्शों के स्थापित होने से सार्वजनिक जीवन से जुड़े हुए बुद्धिजीवी, स्वयं सेवी संस्थान और समाज के सभी वर्ग के लोग प्रेरणा लेते हैं।“

- भारत के राष्ट्रपति श्री राम नाथ कोविन्द जी

का राज्यपाल सम्मेलन-2017 में आरम्भिक

उद् बोधन (दिनांक: 12 अक्टूबर,2017)

“राज्यपाल के संवैधानिक पद की एक विशेष गरिमा होती है। राज्य सरकार के मार्ग-दर्शक तथा हमारे संघीय ढांचे की एक महत्वपूर्ण कड़ी के रूप में राज्यपाल अपना निरंतर योगदान देते हैं। राज्य की जनता राज्यपालों को आदर्शों और मूल्यों के कस्टोडियन के रूप में देखती है।“

- भारत के राष्ट्रपति श्री राम नाथ कोविन्द जी

का राज्यपाल सम्मेलन-2018 में आरम्भिक

उद् बोधन (दिनांक: 4 जून, 2018)

“हमारी संवैधानिक व्यवस्था में राज्यपाल की अत्यंत महत्वपूर्ण भूमिका होती है। आज जब हम सहकारी संघवाद यानि Cooperative Federalism और देश की प्रगति के हित में स्वस्थ प्रतिस्पर्धात्मक संघवाद यानि Competitive Federalism पर ज़ोर दे रहे हैं तो राज्यपाल की भूमिका और भी महत्वपूर्ण हो जाती है। “

- भारत के राष्ट्रपति श्री राम नाथ कोविन्द जी

का राज्यपाल सम्मेलन-2019 में आरम्भिक

उद् बोधन (दिनांक:23 नवम्बर, 2019)

“आप सभी राज्यपालों के पास सार्वजनिक जीवन में महत्वपूर्ण कार्यों को करने का प्रचुर अनुभव है। इस अनुभव और दक्षता का अधिक से अधिक लाभ देश की जनता को मिलना ही चाहिए। अंतत:, हम सभी जनता के लिए ही कार्यरत हैं और उसके प्रति उत्तरदायी भी। हमारा यह उत्तरदायित्व, हमारे संविधान में स्पष्ट किया गया है। राज्यपाल की भूमिका संविधान के परिरक्षण, संरक्षण और प्रतिरक्षण तक ही सीमित नहीं है। अपने राज्य की जनता की सेवा और कल्याण में निरत रहने की हम सबकी जब हमारी उपलब्धता अपने राज्य में निरंतर व अधिकतम बनी रहे।“

- भारत के राष्ट्रपति श्री राम नाथ कोविन्द जी

का राज्यपाल सम्मेलन-2019 में आरम्भिक

उद् बोधन (दिनांक : 23 नवम्बर, 2019)



"... the Constitution has provided for a special role for the Governor. It is a position with sanctity. While there are many checks and balances provided by the Constitution, the office of the Governor has been bestowed with the independence to rise above the day-to-day politics and override compulsions either emanating from the Central System or the State System. The Governor's role is to distil the best of aspirations of the people from the vicissitudes of politics. It is like preserving the light of Dharma . ..."

"...Don't remain caged in the confines of the political world of ancestory. Deal with political crises in accordance with the Constitution which provides measures to deal with such contingencies. ..."

- Dr. A.P.J. Abdul Kalam,

The former   President   of   India from

his Address   to the   Governors  at the

Conference of Governors on 14.6.2005

At New Delhi.

“Governors and Lt. Governors : In a pluralistic democracy like ours, tolerance, respect for contrary views and patience are a must. These values have to be preserved. India is a multi-faceted nation of 1.3 billion people, 122 languages, 1600 dialects and 7 religions. … … … India’s strength lies in her diversity. The multiplicity in culture, faith and language is what makes India special. There will always be divergent strands in public discourse. We may argue. We may disagree. But we cannot deny the prevalence of multiplicity of opinion. You can, through your calm influence, inculcate amongst the citizens of your state this fundamental ethos of our civilization”.

- Shri Pranab Mukherjee

The former President of India from his

Former President  of  India’s New Year

Address  to    Governors/Lt.Governors

through Video Conference

On January 5, 2017.

“Hon’ble Governors and Lt. Governors : You are the first citizens of your states. When you assumed this exalted office, you had taken an oath to protect, preserve and defend the Constitution. This pious document protects the liberty of the people and promotes the well-being of the citizens. It decrees inclusiveness, tolerance, self-restraint, and protection of women, senior citizens and weaker sections as essential ingredients of our polity. Our institutions of democracy must operate on these vital features. Strong credible institutions lead to good governance ensuring a healthy functioning of the democracy.”

- Shri Pranab Mukherjee

The former President of India from his

Former President of India’s   New Year

Address  to   Governors/Lt.Governors

through Video Conference

On January 5, 2017.



"...The Governor's office is not subordinate or subservient to the Government of India. ... He is not amenable to the directions of the Government of India nor is he accountable to them for the manner in which he carries out his duties. This is an independent Constitutional office which is not subject to the control of the Government of India..."

-Supreme Court Judgement in 1979.

Hargovind V/s Raghukul Tilak.



"... Acting in the overall national interest, the ideal Governor must display courage and vision at the time of crisis. He should not act as a cipher or as a rubber stamp or as a foggy old man standing in a corner with a wooden face, and stony eyes. The Governor has a reserve idea of power which remains dormant in day-to-day affairs of the State but becomes crucial in moments of crisis..."

-Shri Jagmohan,

[ Ex. Governor of Jammu & Kashmir].

"... before taking any decision, the Governor should recall his oath that he is the preserver, protector and defender of the Constitution. If the Governor does so, no constitutional provision is likely to be violated, no constitutional convention is likely to be defeated and none of his action is likely to be condemned."

-Chandra Bhushan Pandey

"The Constitution assigns to the Governor the role of a Constitutional Sentinel and that of a vital link between the Union and the State... Being the holder of an independent Constitutional office, the Governor is not subordinate or subservient agent of the Union Government..."

-Quote from the Sarkaria

Commission Report




The Governor

He is under an oath to preserve, protect and defend the Constitution. As the first citizen of the State, the Governor is expected to give sagacious guidance in the governance of the State in accordance with the Constitutional provisions.

The Governor is expected to be a person of undoubted ability and position in public life. The Governor is expected to be free from the passions and jealousies of the local party politics and hold the scales impartially between the various factorsf in the politics of the State. The Governor not only represents the Centre, but as the head of the State, serves his people and faithfully fights their battles with the Centre. He keeps in mind the overall national interests, not partisan party interests. He is supposed to be in tune with the people of the State he represents. The Constitution empowers him to influence the decisions of an elected Government by giving him the right to be consulted, to warn and to encourage. His role is overwhelmingly that of a friend, philosopher and guide to his council of Ministers with unrivalled discretionary powers.

The functions and powers of the Governor may be conveniently dealt with under five heads- executive, legislative, financial, judicial and discretionary.

Executive Powers
  • Governor is the executive head of the State Government. All executive authority of the State is vested in him. All executive decisions of the State Government are taken in his name. He makes rules for the transaction of the business of the Government and allocates different works among the Ministers.
  • He appoints the Chief Minister and on his advice, appoints other ministers to constitute his Council of Ministers. He may dismiss his ministers including the Chief Minister.
  • He makes high appointments such as those of Advocate General, Chairman and members of the State Public Service Commission, etc. He is consulted by the President in matters relating to the appointment of the Judges of the High Court of the State.
  • He has a right to be kept informed by the Chief Minister regarding necessary information about the administration of the State.
  • He can report to the President with regard to the breakdown of the Constitutional machinery in the State alongwith his recommendations regarding the imposition of the President's rule under Article 356 of the Constitution.
  • He acts as the Chancellor of the State Universities.
Legislative Powers
  • The Governor summons and prorogues the session of the State Legislature.
  • On the advice of the Election Commission, he can decide the matter relating to the disqualification of the MLAs.
  • He can address the Legislative Assembly.
  • He has veto power. The Bill passed by the State Legislature are subject to his assent.
  • He can promulgate an Ordinance when the House is not in session.
Financial Powers
  • A money Bill cannot be introduced in the State Legislature without his prior recommendation.
  • The Contingency Fund of the State is at his disposal. He can make advances out of it to meet an unforeseen expenditure pending its authorisation by the State Legislature.
  • He causes to be laid annual financial statement before the Legislature.
  • He causes to be laid the reports of the Comptroller and Auditor General of India relating to the accounts of the State before the Legislature.
Judicial Powers
  • He has the power to grant pardon to persons convicted by the courts of law or to remit or commute their sentence.
  • He enjoys personal immunity from all the civil and criminal proceedings during his term of office.
Discretionary Powers
  • He may reserve any Bill for the consideration of the President after it is passed by the State Legislature on the plea that it is likely to be in conflict with a law or policy of the Union Government.
  • He can dissolve the Legislative Assembly on the advice of the Chief Minister or according to his best judgement.
  • He can permit initiation of legal proceedings against the serving or ex- Chief Minister involved in some alleged scandal or criminal wrong.
Constitutional provisions for the appointment of the Governor and his functions
Governors of States :-

There shall be a Governor for each state:[Provided that nothing shall prevent the appointment of the same person as Governor for two or more states.]

[Article :153]
Executive power of State :-

The Executive power of the state shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this constitution.

2. Nothing in this article shall :-
  1. be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or
  2. prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.
[Article :154]
Appointment of Governor :-

The Governor of a State shall be appointed by the President by warrant under his hand and seal.

[Article :155]
Term of Office of Governor :-
  • The Governor shall hold office during the pleasure of the President.
  • The Governor may, by writing under his hand addressed to the President, resign his office.
  • Subject to the foregoing provisions of this article, a Governor shall hold for a term of five years from the date on which he enters upon his office.
  • Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
[Article :156]
Qualification for appointment as Governor :-

No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.

[Article: 157]
Conditions of Governor's Office :-

The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.

  1. The Governor shall not hold any other office of profit.
  2. The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
  3. where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.
  4. the emoluments and allowances of the Governor shall not be diminished during his term of office.
[Article :158]
Oath or affirmation by Governor :-

Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence,the senior most Judge of that Court available, on oath or affirmation in the following form, that is to say-

I, A.B., do swear in the name of God/ solemnly affirm, that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of .......(name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of .......(name of the State)."

[Article :159]
Discharge of the functions of the Governor in certain contingencies :-

The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in anycontingency not provided for this Chapter.

[Article :160]
Power of governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases :-

The Governor of a State shall have 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 executivepower of the State extends.

[Article :161]
Council of Ministers to aid and advice Governor :-
  1. There shall be a council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
  2. If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution requires to act in his discretion, the decision of the Governor in his discretion shall be final and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
  3. The question whether any, and if so what, advice was tendered by the Ministers to the Governor shall not be inquired into in any Court.
[Article :163]
Other provisions as to Ministers :-
  1. The Chief Minister shall be appointed by the Governor and other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor;
[Article :164]
Advocate General for the State :-
  • The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate General for the State.
  • It shall be the duty of the Advocate General to give advice to the Government of the State upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under the Constitution or any other law of the time being in force.
  • The Advocate General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.
[Article :165]
Conduct of business of the Government of a State :-
  1. All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.
  2. Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not becalled in question on the ground that it is not an order or instrument made or executed by the Governor.
[Article :166]
Duties of Chief Minister as respects to the furnishing of information to Governor :-
It shall be the duty of the Chief Minister of each State :-
  1. to communicate to the Governor of the State all decisions of the council of Ministers relating to the administration of the affairsof the State and proposals for legislation;
  2. to furnish such information relating to the administration of the affairs of the State and proposals for legislation the Governor may call for; and
  3. if the Governor so requires to submit for the consideration of the Council of Ministers any matter on which a decision has beentaken by a Minister but which has not been considered by the Council.
[Article :167]
Constitution of Legislatures in States:-

1. For every state there shall be a Legislature which shall consist of the Governor - and

  1. In the states of .Bihar...Maharashtra...Karnataka...and Uttar Pradesh, two Houses;
  2. In other States, one House.
[Article :168]
Sessions of the State Legislature, prorogation and dissolution :-
  1. The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
  2. The Governor may from time to time:-
    1. prorogue the House or either House;
    2. dissolve the Legislative Assembly.
[Article :174]
Right of Governor to address and send messages to the House or Houses :-
  1. The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members.
  2. The Governor may send messages to the House or Houses of the Legislature of the State, 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 anymatter required by the message to be taken into consideration.
[Article :175]
Special address by the Governor :-

1. At the commencement of (the first session after each general election to the Legislative Assembly and at the commencement ofthe first session of each year), the Governor shall address, the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons.

Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address.

[Article :176]
Oath or affirmation by members :-

Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

[Article :188]
Decision on questions as to disqualifications of members :-
  1. If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in Cl.(1) of Art. 191, the question shall be referred for the decision of the Governor and his decision shall be final.
  2. Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.
[Article :192]
Assent to Bills :-

When a Bill has been passed by the Legislative Assembly of a State or in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President;

Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the Bill is presented to the Governor for assent, the Governor shall not withhold assent therefrom;

Provided further that the Governor shall not assent to, but shall reserve for the reconsideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.

[Article :200]
Bills reserved for consideration :-

When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom;

Provided that, where the bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the first proviso to Article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.

[Article :201]
Audit Reports :-

The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State.

[Article :151 (2)]
Annual financial statement :-
  1. The Governor shall in respect of every financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expenditure of the State for that year, in this Part referred to as the "annual financial statement".
  2. The estimates of expenditure embodied in the annual financial statement shall show separately:-
    1. the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of the State; and
    2. the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the State and shall distinguish expenditure on revenue account from other expenditure.
  3. The following expenditure shall be expenditure charged on the consolidated Fund of each State:-
    1. the emoluments and allowances of the Governor and other expenditure relating to his office;
    2. the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly and, in the case of a Statehaving a Legislative Council, also of the Chairman and the Deputy Chairman of the Legislative Council;
    3. debt charges for which the State is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;
    4. expenditure in respect of the salaries and allowances of Judges of any High Court;
    5. any sums required to satisfy any judgement, decree or award of any Court or arbitral tribunal,
    6. any other expenditure declared by this Constitution, or by the Legislature or the State by law, to be so charged.
[Article :202]
Procedure in Legislature with respect to estimate :-

No demand for a grant shall be made except on the recommendation of the Governor.

[Article :203]
Supplementary, additional or excess grants :-
  • The Governor shall:-
  • if the amount authorised by any law made in accordance with the provisions of Art. 204 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or
  • if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the House or the Houses of the Legislature of the State another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the State a demand for such excess, as the case may be.
  • The provisions of Arts. 202,203 and 204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demands as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or grant.
[Article :205]
Special provisions as to financial Bills :-

A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of Article 199 shall not be introduced or moved except on the recommendations of the Governor, and a bill making such provision shall not be introduced in a Legislative Council; Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.

[Article :207]
Power of Governor to promulgate Ordinances during recess of Legislature :-
  1. If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in State,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 ordinances as the circumstances appear to him to require:-

    Provided that the Governor shall not, without instructions fromm the President, promulgate any such Ordinance if-

    1. Bill containing the same provision would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or
    2. he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or
    3. an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless,having reserved for the consideration of the President, it had received the assent of the President.
  2. An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor but every such Ordinance-
    1. shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses, and shall cease 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, in any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and
    2. may be withdrawn at any time by the Governor.
[Article :213]
Appointment and conditions of the office of a Judge of a High Court :-
  1. Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice the Chief Justice of the High Court and shall hold office, in the case of an additional or acting Judge as provided in Art. 224, and in any other case, until he attains the age of sixty-two years;
    1. a Judge may, by writing under his hand addressed to the President, resign his office;
    2. a Judge may be removed from his office by the President in the manner provide in Cl. (4) of Art. 124 for the removal of a Judge of the Supreme Court;
    3. a Judge may be removed from his office by the President in the manner provide in Cl. (4) of Art. 124 for the removal of a Judge of the Supreme Court;
  2. A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and-
    1. has for at least ten years held a judicial office in the territory of India; or
    2. has for at least ten years been an advocate of a High Court or of two or more such Courts in succession.
    3. If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.
[Article :217]
Oath or affirmation by Judges of High Courts :-

Every person appointed to be a Judge of a High Court, shall before he enters upon his office, make and subscribe before theGovernor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Scheduled.

[Article :219]
Appointment of District Judges :-
  • Appointment of persons to be, and the posting and promotion of, District Judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.
  • A person not already in the service of the Union or the State shall only be eligible to be appointed a District Judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.
[Article :233]
Recruitment of persons other than District Judges to the judicial service :-

Appointments of persons other than District Judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation of such State.

[Article :234]
Constitution of Finance Commission to review financial position :-

The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act,1992 and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations.

[Article :243(1)]
Finance Commission :-

The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.

[Article :243(2)]
Contingency Fund :-

The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be entitled ''the Contingency Fund of the State'' into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor of the State to enable advances to be made by him out of such Fund for the purpose of meeting unforeseen expenditure pending authorization of such expenditure by the Legislature of the State by law under Art. 205 or Art. 206.

[Article :267(2)]
Contracts :-

All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President,or by the Governor of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the Governor by such persons and in such manner as he may direct or authorize.

[Article :299]
Appointment and term of office of members of the Public Service Commission :-

The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission by the President, and in the case of a State Commission by the Governor of the State.

[Article :316]
Removal and suspension of a member of a Public Service Commission :-

The Governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under Cl. (1) until the President has passed orders on receiptof the report of the Supreme Court on such reference.

[Article :317(2)]
Power to make regulations as to conditions of service of members and staff of the Commission :-

In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor ofthe State may by regulations-

  1. determine the number of members of the Commission and their conditions of service; and
  2. make provision with respect to the number of members of the staff of the Commission and their conditions of service. Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after hisappointment.

Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after hisappointment.

[Article :318]
Reports of Public Commission :-

It shall be the duty of a State Commission to present annually to the Governor of the State a report as to the work done by the Commission, and it shall be the duty of a Joint Commission to present annually to the Governor of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relations to that State, and in eithercase the Governor shall, on receipt of such report, cause a copy there of together with a memorandum explaining, as respects thecases, if any, where the advice of the Commission was not accepted, the reasons for such non- acceptance to be laid before the Legislature of the State.

[Article :323(2)]
Governor to make available necessary staff to the Election Commission when requested :-

The Governor of a State shall when so requested by the Election Commissioner, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by Cl. (1).

[Article :324(6)]
Governor to lay before the Legislature report of the National Commission for Scheduled Castes and Scheduled Tribes :-

Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of such recommendations.

[Article :338(7)]
Scheduled Castes :-

The President after consultation with the Governor by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to thatState as the case may be.

[Article :341(1)]
Scheduled Tribes :-

The President after consultation with the Governor by public notification, specify the tribes or tribal communities or parts of or groupswithin tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State as the case may be.

[Article :342(1)]
Protection of President and Governors and Rajpramukhs :-
  1. The President, or the Governor of a State shall not be 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 the conduct of the President may be brought under review by any Court, tribunal or body appointed or designated byeither House of Parliament for the investigation of a charge under Article 61;

    Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Government of India or the Government of a State.

  2. No criminal proceedings, whatsoever, shall be instituted, or continued against the President, or the Governor of a State, in any Court during his term of office.
  3. No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any Court during histerm of office.
[Article :361]
Ex-Officio Role of the Governor :-
  • The Governor of Gujarat is also the Chancellor of several Universities in the State and exercises his powers delegated to himunder the respective Acts and Statutes of the Universities.
  • The Governor of Gujarat is the ex-officio President of the Indian Red Cross Society, Gujarat State Branch and enjoys powers asper the
  • The Governor of Gujarat is the Chairman of the Rajya Sainik Board.
President's Rule:-
  • As a representative of the Centre, the Governor keeps it informed about political and socio-economic developments by sending periodic reports to the President.
  • If in the interest of the State, the Governor feels that the Centre should intervene, he is dutybound to say so.
  • Under Article 356 the Governor ensures that the State's administration is run as per the provisions of the Constitution and or advice the President to declare the President's Rule.
[Article :355 & 356 ]
Special provision with respect to the States-Maharashtra and Gujarat :-

Notwithstanding anything in this Constitution, the President may by order made with respect to [ the State of Maharshtra andGujarat], provide for any special responsibility of the Governor for -

  1. the establishment of separate development boards for Vidarbha, Marathwada,[ and the rest of Maharashtra or, as the case may be,] Saurashtra, Kutch and the rest of Gujarat with the provision that a report on the working of each of these boards will be placed each year before the State Legislative Assembly;
  2. the equitable allocation of funds for development expenditure over the said areas, subject to the requirements of the State as a whole; and
  3. an equitable arrangement providing adequate facilities for technical education and vocational training and adequate opportunities for employment in services under the control of the State Government, in respect of all the said areas, subject to the requirements of the State as a whole.
[Article :371 ]
Constitutional Provisions with reference to the Scheduled Areas [ Tribal Areas ] and the Role of the Governor

Powers of the Governors under Schedule - V of the Constitution :-

Article 244 of the Constitution of India has provisions with reference to the tribal areas. It is laid down that the provisions of the Vth Schedule shall apply to the administration and control of the scheduled areas and Scheduled Tribes in States other than the States of Assam, Meghalaya, Tripura and Mizoram; whereas, the provisions of the VIth Schedule shall apply to the administration of the tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram.

Vth Schedule :-

Report by the Governor to the Hon. President regarding the administration of the Scheduled Areas :-

The Governor of each State having scheduled areas therein, shall annually or whenever so required by the Hon. President, make a Report to the Hon. President regarding the administration of the scheduled areas in the State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the scheduled areas.

With reference to Gujarat, it is stated that Annual Report upto the year 2017-18 has already been submitted to the Government of India; whereas, the Report for the year 2018-19 is under preparation at present.

Administration and Control of Scheduled Areas and Tribes :-

Tribes Advisory Council :-

It has been laid down in the Constitution that there shall be established, in each State having scheduled areas therein, a Tribes Advisory Council consisting of not more than 20 members of whom, ¾ shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State.

In Gujarat, Tribes Advisory Council, headed by the Chief Minister, has been functioning. It meets twice in a year. It has been taken up with the State Government in the Tribal Development Department that the meetings of the Tribes Advisory Council should be convened quarterly. But, because of the busy schedule of the Chief Minister, this has not been possible.

Tribal Areas of Gujarat at a Glance

No. of tribal districts 14
[Sabarkantha, Dahod, Narmada, Surat, Navsari, Dangs, Bharuch, Valsad, Banaskantha, Panchmahals, Tapi, Chhota Udepur, Aravalli, Mahisagar]
No. of tribal blocks 48
Tribal population [As per 2011 Census] 89,17,174
Percentage of tribal population of the State. 14.8%
Tribal Area 29,429 sq. kms
Percentage of the tribal area against total geographical area of the State. 15.01%
Literacy rate in the tribal areas. 62.5% [As per 2011 Census]
No. of BPL families in the tribal areas. 6,21,294 families [39.61%]

Main concerns of the Scheduled tribes in Gujarat:-

  • More than 39% of the Scheduled Tribes population is below the poverty line.
  • Low literacy.
  • Migration of tribal landless labourers.
  • Lack of Employment opportunities.
  • Isolation from the main stream.

Integrated Tribes Development Projects in Gujarat

Sr. No. District Project Headquarters Taluka
(1) (2) (3) (4)
1 Banaskantha Palanpur
  1. Amirgadh
  2. Danta
2 Sabarkantha Khedbrahma
  1. Khedbrahma
  2. Vijaynagar
  3. Poshina
3 Panchmahal Godhra
  1. Ghoghamba
4 Dahod Dahod
  1. Dahod
  2. Garbada
  3. Jhalod
  4. Fetepura
  5. Limkheda
  6. Devgadh Baria
  7. Dhanpur
5 Chhotaudepur Chhotaudepur
  1. Chhota Udepur
  2. Naswadi
  3. Kavant
  4. Jetpur Pavi
6 Narmada Rajpipla
  1. Dediapada
  2. Sagbara
  3. Nandod
  4. Tilakwada
7 Bharuch Bharuch
  1. Valia
  2. Jhagadia
  3. Netrang
8 Surat Mandvi
  1. Mandvi
  2. Mahuva
  3. Bardoli
  4. Mangrol
  5. Umarpada
9 Tapi Songadh
  1. Songadh
  2. Uchchhal
  3. Vyara
  4. Valod
  5. Nizar
10 Navsari Vansada
  1. Vansada
  2. Chikhali
11 Valsad Valsad
  1. Dharampur
  2. Umargam
  3. Pardi
  4. Kaparada
12 The Dangs Ahwa
  1. Ahwa
  2. Subir
  3. Waghai
13 Aravalli Modasa
  1. Bhiloda
  2. Megharaj
  3. Modasa
14 Mahisagar Lunawada
  1. Santrampur
  2. Kadana

Major Tribes in Gujarat:

Sr. No. Name of the Tribe Population in lakhs (2011) % of State's ST Population Districts of Concentration
(1) (2) (3) (4) (5)
1 Bhil 42.70 47.89% Dang, Panchmahal, Bharuch, Sabarkantha, Banaskantha
2 Dubla 6.43 7.21% Surat, Valsad, Navsari, Bharuch
3 Dhodia 6.36 7.13% Valsad, Surat
4 Rathawa 6.42 7.20% Chhota Udepur
5 Naikda 4.60 5.16% Panchmahal, Valsad
6 Gamit 3.78 4.25% Surat
7 Kokna 3.62 4.06% Navsari, Valsad, Dang
8 Chaudhri 3.03 3.40% Surat, Tapi, Bharuch
9 Varli 3.28 3.68% Valsad, Navsari
10 Dhanka 2.81 3.15% Vadodara, Bharuch, Panchmahal
11 Patelia 1.14 1.28% Panchmahal
12 Others 2.89 3.23% Surat, Tapi, Narmada
Total 89.17 100%

Transfer of tribal lands :-

The Bombay Land Revenue Code, 1879 is applicable to the State of Gujarat. There are several provisions in the Code which restrict transactions of the land owned by the tribals. Under the Land Revenue Code, the occupancies are normally heritable and transferable. However, in order to promote the economic interests of the persons belonging to the Scheduled Tribes and to provide protection to them from being exploited, it was considered necessary by the State Government to prohibit transfer of occupancy of a person belonging to the Scheduled Tribe to any other person, to provide for restoration of possession to a tribal where he has transferred the same land to another tribal, to validate transfers by tribals to other tribals and to declare the transfers of occupancy by tribals to be void and to provide for vesting of such occupancies in the State Government so that they could be re-granted to the tribals. Section 73-A, 73-AA, 73-AB, 73-AC and 73-AC were inserted by the State Government. The basic provisions regarding this in brief are as shown below:

Section 73-AA (1) :-

According to this sub-section, land of any tribal in the State shall not be transferred to any other person without the prior approval of the Collector.

Section 73-AA (3) :-

If any tribal sells or transfers his land to another tribal, then there is a provision to return this land to the original tribal owner of the land. For this, the original tribal owner of the land has to apply within two years after sale or transfer. If he does not apply in this period, then the transferee will return the same parcel of the land.

Section 73-AA (4) :-

Legal procedure has been decided to resume the land to the Government transferred/sold without prior approval by a tribal to a non-tribal. According to this, notice is to be issued to a non-tribal who has received such land by transfer, is treated and declared as illegal and such land becomes free from all encumbrances and is resumed by the Government.

Section 73-AA (5) :-

There is a provision to return this land to the original tribal after admitting it in the Government. As per the provisions, the original tribal owner has to give a written assurance that he himself is ready to cultivate this land.

Section 73-AA (6) :-

If the original tribal owner himself is not ready to take back this land and cultivate it, there is a provision to give back the land to another tribal of the same village or nearby village and if even both of them are not ready to take back this land, there is also a provision to grant the land on priority as decided by the Government.

Section 73-AA (7) :-

A provision is made for a penalty upto three times of amount of the price of the land besides any other penalty to the non-tribal purchaser of this land.

Section 73-AA (8) :-

There is also a provision to recover as land revenue dues from non-tribal as the amount of penalty as mentioned above.

Section 73-AB :-

The tribal can mortgage his land for taking agricultural loan to the Government, Cooperative Society or SBI without the permission under the law. If the loan is not repaid, the organization can sell this land by taking it into confiscation and can repay the sale price against the loan amount. The land mortgaged cannot be sold to the non-tribal without the prior approval of the Collector.

Section 73-AC :-

The procedure done under Section 73-A, 73-AA and 73-AB has been kept out of the purview of the Civil Courts. Under the above sections, the order of the Collector cannot be challenged in any Civil or Criminal Court.

Section 73-AD :-

This section amends the provisions of the Registration Act, 1908. The said Deed of the land done by the tribal can be registered only after the production of a proof of a prior legal approval of the Collector. Later on, by an amendment of 1998 in the Bombay Land Revenue Code, the powers were given to the District Panchayats in the scheduled areas instead of the Collectors for certain purposes.

Panchayats (Extension to the Scheduled Areas) Act, 1996 :-

Consequent to the 73rd Constitutional Amendment, Panchayats (Extension to the Scheduled Areas) Act, 1996 is being implemented in 9 States – Gujarat, Andhra Pradesh, Himachal Pradesh, Odisha, Jharkhand, Rajasthan, Maharashtra, Madhya Pradesh and Chhattisgadh. In Gujarat, the PESA Act is being implemented in 43 tehsils of 12 districts falling under the scheduled areas. The Gujarat Panchayats Act has been amended in order to incorporate the provisions of the PESA Act.

According to the amendments brought in force with effect from 1998, the Gramsabhas have been empowered to approve the plans, programmes and projects for social and economic development of the villages. They have also been entrusted with the responsibility of identifying and selecting beneficiaries under the Poverty Alleviation Programmes. Village Panchayats have been empowered for planning and management of water bodies. Besides for grant of concession for the exploitation of minor minerals by auction prior recommendation of the concerned village Panchayats has been made mandatory. The powers to prevent alienation of land in the scheduled areas and to take appropriate action to restore any unlawful alienated land of a Scheduled Tribe are vested with the District Panchayats for the scheduled areas. Thus, the provisions of PESA Act are being adhered to by the administration in Gujarat.

T.S.P. Budget Models: Gujarat Pattern :-

In Gujarat, tribal development programmes are being implemented to improve the overall quality of life of the tribals. Since 1976, the Tribal Sub Plan (TSP) has been the main tool for the integrated development. There was an active consideration over a period of time to involve local tribals in the process of formulation, planning and execution of developmental programmes. This led to the evolution of Gujarat Pattern of tribal development revolutionizing the planning and execution of all tribal development schemes.

Gujarat Pattern was launched by the State Government in 1997 with the earmarking of Rs.200 crores out of Tribal Area Sub Plan (TASP) as Discretionary Fund to be placed at the disposal of the Tribal Development Department to be used for framing programmes suited to local tribal needs through District Adijati Vikas Mandals headed by concerned guardian Minister of the district. This has played a pivotal role in framing the schemes really needed for the development of different tribal communities inhabiting different geographical regions.

The Taluka Adijati Vikas Samitis constituted at the taluka level under the Chairmanship of the Project Administrator, formulate schemes in various sectors of development which, later on, are put up for approval at the District Adijati Vikas Mandals.

Gujarat Pattern has been successful in meeting the need-based priorities of tribal population and improving their quality of life. In the last few years, different sectoral programmes like roads and bridges, irrigation, health, education, agriculture, soil and water conservation, electrification, etc. have been executed with success. Infrastructure development has been given priority such as, school buildings, primary and community health centres, electrification of hamlets and wells, chilling plants, etc.

Van Bandhu Kalyan Jojana :-

This is an initiative of the State Government for the comprehensive development of the tribal areas. It is a 10 points programme launched with effect from 2007 with a view to bring the tribal regions into the mainstream development by bridging the gap between the ITDP blocks and other parts of the State.

  1. Quality and sustainable employment for 5 lakh tribal families
  2. Emphasis on quality education and higher education
  3. Accelerated economic development of tribal areas
  4. Health for all
  5. Housing for all
  6. Safe drinking water to all
  7. Irrigation
  8. All weather roads
  9. Universal availability of electricity
  10. Urban development

Key Features of the Programme :-

  1. Focus on individual family and the ITDP areas
  2. Result oriented interventions
  3. Involvement of the local people in planning and maintaining
  4. Involvement of all implementing departments.
  5. Gender Focus
  6. Convergence of resources and Schemes for the integrated development of the tribal communities.
  7. Focus on filling up the gaps in infrastructure.

System of monitoring of Budget in the Scheduled Areas :-

The three principal features, viz. poor infrastructural development, inadequately developed economic activities and large undeveloped human resources, are the major constraints in developing the tribal region.

With a view to achieve the objectives of social justice and equity, since 1976-77, a Tribal Area Sub Plan is prepared along the line of framework of the General State Plan, allocating separate provision from the outlay of State’s various sectoral programmes and schemes for the integrated, overall development of tribal population of the State. In successive plan period, concerted and coordinated efforts were made and these have made a special dent and discernible impact in several spheres of tribal development in the State.

State Level monitoring mechanism :-

Secretary to the Government in Tribal Development Department is in overall charge of the development of the Scheduled Tribes and areas. He exercises necessary administrative and budgetary control for various development schemes. He also facilitates inter-departmental coordination for effective formulation and implementation of the Tribal Sub Plan programmes.

The Commissioner of Tribal Development is the head of field formation of the Tribal Development Department and facilitates speedy implementation of various programmes under Tribal Sub-Plan. Director of Primitive Tribes & Ex-Officio Deputy Tribal Development Commissioner looks after the development of the most backward tribes amongst Scheduled Tribes and assists the Tribal Development Commissioner in the administration and coordination of development activities.

Project Level :-

Tribal Sub-Plan Areas (TASP) in the State comprises 12 ITDP Projects. Each project team is headed by a Project Administrator of the rank of Additional Collector except in ITDP Ahwa-Dang district, where the responsibility of the Project Administrator is entrusted to Deputy Project Administrator. He coordinates and oversees the Integrated Tribal Development Programmes falling within the sphere of activities of all government departments, Corporations, Panchayati Raj Institutions and voluntary agencies receiving grants-in-aid from the government. He is in overall charge of the implementation of the Sub-Plan schemes in the project area and looks after the implementation of the scheme for dispersed tribals in non-ITDP areas of the district. He monitors the implementation of various sectoral schemes, New Gujarat Pattern schemes as well as the schemes implemented under Nucleus Budget.

District Co-ordination Committee :-

The District Level Advisory Committee consisting of officials and non-officials functions under the Chairmanship of the Collector in each district having ITDP. It consists of the Members of Parliament and Members of Legislative Assembly representing the ITDP area, President of the District Panchayat, DDO over and above the district heads of various departments and representatives of the nationalized banks etc. The functions of the committee are to review and evaluate various programmes, ensure inter departmental, and inter institutional coordination.

Committee of Direction at Project Level :-

The Committee of Direction (CoD) under the leadership of Collector with District Development Officer and Project Administrators as the members is constituted for each Integrated Tribal Development Project. The CoD, besides guiding and directing implementation of various programmes, accord sanctions to the schemes upto Rs. 10 lakh under the Nucleus Budget for schemes of local importance.

District Adijati Vikas Mandal :-

The District Adijati Vikas Mandal is constituted by the Government and the Guardian Minister in charge of a particular district is its Chairman. The role of the Mandal is to formulate, monitor and evaluate the programmes and progress of the tribal development in the particular district. It consists of head of the District Panchayat, District Magistrate, District Development Officer, Member of Parliament, MLAs, Taluka Panchayat President, Chairman, District Social Justice Committee, NGOs and other senior level District Officers.

Incentives to the staff in the Tribal Areas :-

For harnessing human resources at different levels, resource development and economic development, the quality of personnel is very crucial for planning and implementation of development programmes. This is all the more true with reference to the tribal areas in the State. Effective measures are necessary to improve the quality of personnel in tribal areas to ensure that heavy financial investment becomes productive and leads to overall economic development of the tribal region.

In Gujarat, a High Level Committee, headed by the Chief Secretary, selects the Project Administrators. Government has adopted the policy that only efficient officers with good service record, should be appointed on all other posts in the tribal areas. State Government has also issued instructions to all the Government Departments that posts in the tribal areas should not be kept vacant, officers and staff should not be transferred to tribal areas by way of punishment and only officers and staff having appropriate orientation, aptitude and sympathy for the tribal communities should be transferred and posted in tribal areas.

As an incentive, the State Government has adopted the following policy :-

Sr. No Post 1st Year 2nd Year 3rd Year
1 Project Administrator/ Dy. Project Administrator- Class I/ Project Officer- Class I (Primitive Group) Rs. 150/- per month Rs. 200/- per month Rs. 250/- per month
2 Assistant Project Administrators (Agriculture/Cooperation/Forests/ Animal Husbandry, etc.) Rs. 75/- per month Rs. 100/- per month Rs. 125/- per month
3 Chitins (Class-II Officer) Rs. 75/- per month Rs. 100/- per month Rs. 125/- per month

Besides, the 1.1.1986 Government Resolution of the Tribal Development Department has laid down that if an officer transferred to a scheduled area has been allotted Government accommodation in non-scheduled areas, where he was posted earlier, he could retain the Government accommodation allotted to him in the non-scheduled areas during the tenure of his posting in the schedule area.

Additional Information   

1) The Governors (Emoluments, Allowances and Privileges) Act, 1982.
2) The Governors (Allowances and Privileges) Rules, 1987.
The Governor as the Chancellor of the State Funded Universities in Gujarat.
1. Objectives of the Higher Education System :-

The objective of any higher education system should be to make it an instrument both of development and pursuit of the civilisational goals of society. It should be designed for imparting nd other skills so that the youth is able to participate both in the process of social as well as economic development of the society. These goals' have been spelt out in their statements by the famous educationists through the last few decades, by the Education Commission of India and by the eminent visionaries like our former President Dr. Radhakrishnan. These objectives in turn require a system of administration and functioning which has deep penetration and representation of those who understand educational technology and the wider social role of education in the design and functioning of the system at all levels. The system must provide for accountability at all levels. This accountability is towards the stake holders i.e. the students, their families, the users of education and the instruments of civil society.

The second major objective of a good education system is to impart state of art skills so that a progressive society can continue to play its role in the process of developed nation towards a more prosperous and capable society in an environment of competition between nations for the markets and resources. The edict of men, material and money forming the means of production is now changing to mind, man, material and money. The higher educational system in today's competitive world will have to address itself to equipping coming generations of youth to the harness the emerging global opportunities.

2. The Universities :-

Universities are the premier institutions of the higher education system and function as the centers of education, training and research for the youth as well as an infrastructure for learning for the population growing in number and in age profile. The role of the Universities in the process of all-round development and progress towards a more prosperous, capable and knowledge based society cannot be over emphasized.

Gujarat is a State where higher education system has played major role in inspiring the minds of the youth both during the days of freedom movement and since independence. The Ahmedabad Education Society was created at the instance of Gandhiji. Gurumukh Nihhal Singh and Prof. Dantiwala joined freedom movement from the colleges of AEA. Prof. Gadgil was with Sarvajanik Education Society of Surat. Prof. Findley Shirass one of the great experts on federal economic theory was Principal of Gujarat College. Prof. V.K.R.V. Rao taught here. The higher education system of Gujarat has created national public figures in the social and educational arena.

Much before formation of Gujarat as a separate State the Gujarat University was established at Ahmedabad as back as in the year 1999. Almost at the at same time Maharaja Sayajirao University was also established at Baroda in the year 1949 at the initiative of Maharaja of Baroda. Several other Universities have later been established after formation of the State and today Gujarat has 15 Universities of imparting higher education and geographical areas and academic spheres.

3. Existing Scenario in the Higher Education System in the country :-

True education opens minds, unites people and teaches our younger generation to be ideal citizens of the country. At the end of the educational process, they should emerge as confident, mentally and physically fit and spiritually alive to the challenges and opportunities that the world of globalization has opened up for them.

Universities are the premier institutions of the higher education system and function as the centres of education, training and research. Their role in the process of all round development and progress towards a more prosperous, capable and knowledge-based society can never be underestimated.

Apart from the given formal education to the students in their subjects, university should also aim at imparting knowledge which will enable its students to earn a living on a sustainable basis.

There is also a need for the universities to introduce and sustain the human values of compassion, caring and sharing into our education system.

Pt. Nehru during convocation of the Allahabad University had observed:
"A university stands for humanism, for tolerance, for reason, for progress, for the adventure of ideas and for the search of truth. It stands for the onward march of the human role towards even higher objectives. If the universities discharge their duty adequately, then it is well with the nation and with the people……… vast responsibility, therefore, rests on our universities and educational institutes and those who guide their destiny……. " [December, 1947]
Of late, we have made intensive efforts for expansion of the opportunities in higher education.

The enactment of the Right of Children to Free and Compulsory Education Act (2010) and the Education For All (सर्व शिक्षा अभियान) have opened up new avenues for the children of the remotest areas of the country. Consequently, the inflow in the institutes of higher learning too has increased.

In spite of this, the quality of education has remained a major concern. In the craze for the expansion, we have compromised with the quality.

Only 20% of our graduates are found employable by the industry. Students passing out from our universities lack skills required for the industry.

Stepping forward and expending access to higher education and vocational training will enhance our competitiveness in the global economy, thereby reinforcing our social and economic development.

National Assessment & Accreditation Council (NAAC) has rated 62% of our universities and 90% of colleges affiliated to them as average or below average.

It is a sorry state of affairs that institute of impressive growth and expansion, our higher education institutes cannot find place amongst the 100 world class universities; and we have remained in the vast sea of mediocrity and inferiority.

We cannot teach with methods of the 19th century and hope to prepare our youths for the 21st century. Our education system needs revamping.

4. Higher Education in Gujarat :-

Gujarat is a peculiar state where higher education has always played a pivotal role in inspiring the minds of the younger generation both during pre-independence and post–independence days.

In Gujarat, education was considered as a social service and a societal responsibility and not a commercial activity. Many educational institutes were established by the Gandhian leaders, social workers and philanthropists. The concept of Corporate Social Responsibility was strongly followed both in letter and spirit.

गूजरात विद्यापीठ was established by Mahatma Gandhiji in 1920 with a view to prepare the youths for the task of national reconstruction.

Maharaja Sayajirao Gaekwad was instrumental and main source of inspiration behind establishment of the Maharaja Sayajirao University of Vadodara in 1949.

Gujarat University was conceived in the year 1920 by Mahatma Gandhiji, Sardar Patel and others, although it came into existence in 1949.

Dr. Vikram Sarabhai, a distinguished cosmic ray and Space Scientist, Father of Space Programme in India, was instrumental in setting up the Physical Research Laboratory [PRL] in 1947.

Ahmedabad Education Society was founded by Shri G. V. Mavalankar, Shri Kasturbhai Lalbhai and Shri Amrutlal Hargovinddas in 1935 under the inspiration of Sardar Vallabhbhai Patel; and they built number of prestigious schools and colleges in Ahmedabad.

5. Universities in Gujarat :-

 

1. State-funded Universities  
  General Universities 16
  Sectoral Universities 13
    29
2. Deemed Universities 02
3. Central Universities 01
4. Private aided Universities 02
5. Private Universities 33
6. Institutes devoted to research 06
7. Institutes of National eminence 12
  Total 85

Out of the 29 State-funded universities, Governorshri is the Chancellor in 21 universities; whereas in the 8 universities, the Governorshri has no role.

Institutes of Higher Education in Gujarat

 

A. State-funded Universities :-

General Universities : -

1. Gujarat University (1949)
2. Hemchandracharya North Gujarat Universtiy (1986)
3. Dr. Babasaheb Ambedkar Open University (1994)
4. Maharaja Krishnakumarsinhji Bhavnagar University (1978)
5. Sardar Patel University (1955)
6. Saurashtra University (1965)
7. Veer Narmad South Gujarat University (1965)
8. Maharaja Sayajirao University of Baroda (1959)
9. Shree Somnath Sanskrit University (2005)
10. Krantiguru Shyamji Krishna Verma Kachchh University (2003)
11. Gujarat Technological University (2007)
12. Institute of Infrastructure Technology Research and Management (2012)
13. Bhakt Kavi Narsinh Mehta University (2015)
14. Shri Govind Guru University (2015)
15. Children's University Gujarat (2009)
16. Indian Institute of Teacher Education (2010)
B. Sectoral Universities :-

 

1. Anand Agricultural University (2004) (Agriculture Department)
2. Navsari Agricultural University (2004) (Agriculture Department)
3. Junagadh Agricultural University (2004) (Agriculture Department)
4. Sardarkrushinagar Agricultural University (2004) (Agriculture Department)
5. Kamdhenu University (2009) (Agriculture Department)
6. Gujarat Ayurved University (1965) (Health & Family Welfare Department)
7. Gujarat Forensic Sciences University (2008) (Home Department)
8. Gujarat National Law University (2003) (Law Department)
9. Gujarat University of Transplantation Sciences (2015) (Health & Family Welfare Department)
10. Raksha Shakti University (2008) (Home Department)
11. Swarnim Gujarat Sports University (2011)
12. Birsa Munda Tribal University (2017)
13. Gujarat Organic Agricultural University (2019)
C. Central Universities :-

 

1. Central University of Gujarat, Gandhinagar. (2009)
D. Deemed Universities :-

 

1. Gujarat Vidyapeeth, Ahmedabad. (1920)
2. Sumandeep Vidyapith, Waghodia
E. Private aided Universities :-

 

1. Dharamsinh Desai University (DDIT)
2. Centre for Environmental Planning and Technology (CEPT University) (1962)
F. Private Universities :-

 

1. Ahmedabad University (7.7.2009)
2. Anant National University (9.5.2016)
3. AURO University of Hospitality and Management (12.10.2011)
4. C.U. Shah University (22.4.2013)
5. Calorx Teacher's University (7.7.2009)
6. Charotar University of Science and Technology (4.11.2009)
7. Dhirubhai Ambani Institute of Information and Communication Technology (6.3.2003)
8. G.L.S. University (15.4.2015)
9. Ganpat University (23.3.2005)
10. GSFC University (19.12.2014)
11. Indian Institute of Public Health (2.5.2015)
12. Indus University (2.5.2012)
13. Institute of Advanced Research, Gandhinagar. (2011)
14. ITM Vocational University (8.5.2014)
15. Kadi Sarva Vishwavidyalaya (16.5.2007)
16. Karnavati University (31.3.2017))
17. Lakulish Yoga University (4.4.2015)
18. Marwadi University (9.5.2016)
19. Navrachna University (7.7.2009)
20. Nirma University (12.3.2003)
21. P.P. Savani University (31.3.2017)
22. Pandit Deendayal Petroleum University (4.4.2007)
23. Parul University (2009)
24. Swarnim Startup and Innovation University (2017)
25. Plastindia International University (9.5.2016)
26. Rai University (2.5.2009)
27. R.K. University (14.10.2011)
28. Sankalchand Patel University (9.5.2016)
29. Team Lease Skills University (22.4.2013)
30. UKA Tarsadia University (14.10.2011)
31. Gujarat Maritime University (2017)
32. Indrashil University
33. Gokul Global University, Siddhpur (2018)
G. Institutes devoted to Research :-

 

1. Centre for Social Studies, Surat
2. B.M. Institute of Mental Health, Ahmedabad.
3. Gujarat Research Society, Ahmedabad.
4. Sardar Patel Institute of Economic and Social Research, Ahmedabad. (1965)
5. Gujarat Institute of Development and Research, Ahmedabad.
6. Dwarka Sanskrit Academy and Research, Ahmedabad.
H. Institutes of national eminence :-

 

1. Indian Institute of Management, Ahmedabad (1961)
2. Indian Institute of Technology, Gandhinagar (2008)
3. National Institute of Design, Ahmedabad. (1961)
4. Physical Research Laboratory, Ahmedabad (1947)
5. Entrepreneurship Development Institute of India, Gandhinagar. (1983)
6. National Institute of Fashion Technology, Gandhinagar (1986)
7. Sardar Vallabhbhai Institute of Technology (SVNIT), Surat.
8. National Institute of Pharmaceutical Education and Research, Ahmedabad (NIPER) (2007)
9. Institute of Rural Management, Anand (IRMA) (1979)
10. Institute for Plasma Research (IPR), Gandhinagar. (1986).
11. Indian Institute of Advanced Research (IIAR), Gandhinagar (2011).
12. The National Rail and Transportation Institut e. (NRTI) (2018)
  Total : 85 Universities
I. List of the State-funded Universities wherein the Hon’ble Governorshri is the Chancellor :-

 

Sr. No.

University

Name of the Vice-Chancellor

Website Address Of the University

(1) (2) (3) (4)
1. Gujarat University Prof. (Dr.) Himanshu A. Pandya https://www.gujaratuniversity.ac.in/
2. Hemchandracharya North Gujarat Universtiy Dr. Jabali J. Vora https://www.ngu.ac.in//
3. Dr. Babasaheb Ambedkar Open University Prof. (Dr.) Ami Upadhyay http://www.baou.edu.in/
4. Maharaja Krishnakumarsinhji Bhavnagar University Dr. Mahipatsinh D. Chavda https://www.mkbhavuni.edu.in/
5. Sardar Patel University Prof. (Dr.) Shirish R. Kulkarni http://www.spuvvn.edu/
6. Saurashtra University Prof. (Dr.) Nitinkumar Madhavjibhai Pethani https://saurashtrauniversity.edu/
7. Veer Narmad South Gujarat University Prof. (Dr.) Shivendra Gupta http://www.vnsgu.ac.in/
8. Maharaja Sayajirao University of Baroda* Prof. Parimal H. Vyas https://msubaroda.ac.in/
9. Shree Somnath Sanskrit University Dr. Gopabandhu Mishra https://sssu.ac.in/
10. Krantiguru Shyamji Krishna Verma Kachchh University Dr. Darshna C. Dholakiya http://kskvku.digitaluniversity.ac/
11. Gujarat Technological University Prof. Navin Sheth https://www.gtu.ac.in/
12. Children's University Gujarat Prof. (Dr.) Harshad P. Shah http://www.cugujarat.ac.in/
13. Indian Institute of Teacher Education Dr. Harshad A. Patel https://www.iite.ac.in/
14. Anand Agricultural University Dr. R.V. Vyas http://www.aau.in/
15. Navsari Agricultural University Dr. S.R. Chaudhary http://nau.in/index
16. Junagadh Agricultural University Prof. (Dr.) V.P. Chovatiya http://www.jau.in/
17. Sardarkrushinagar Agricultural University Dr. R.K. Patel http://www.sdau.edu.in/
18. Kamdhenu University Prof. (Dr.) N.H. Kelawala https://www.ku-guj.org/Kamdhenu-University
19. Gujarat Ayurved University Prof. (Dr.) Anup Thakar http://www.ayurveduniversity.com/
20. Swarnim Gujarat Sports University Prof. (Dr.) Arjunsinh Rana https://sgsu.gujarat.gov.in/
21. Birsa Munda Tribal University Shri Dilipkumar Rana, IAS (I/C) -
22. Gujarat Organic Agricultural University Dr. B.R. Shah http://goau.in/

* Hon’ble Governor is the visitor of the Maharaja Sayajirao University of Baroda

6. Gujarat’s innovative approach in setting up Universities of unique nature :-
  • रक्षा शक्ति यूनिवर्सिटी [2009] was set up with a mission to impart customized education to the youths in all vital aspects of internal security.
  • Gujarat Forensic Sciences University [2008] was set up with a view to fulfill the acute shortage of forensic experts in the country and the world.
  • Children’s University [2009] was set up with a view to prepare children to build a new world of friendliness, mutuality and harmony through their integral development.
  • Swarnim Gujarat Sports University [2011] was set up to achieve quality in teaching, coaching and research to excel world class educators in the field of physical education.
  • Indian Institute of Teachers Education [2010] was set up with a view to nurture teachers of tomorrow with the knowledge of Indian traditions and usher in new era of teacher education for focusing upon integral development of teachers.
  • Gujarat University of Transplantation Science [2015] is set up to serve as an academic and research institute to medical specialities to improve the clinical, scientific and social aspects of transplantation making it accessible and affordable to the people.
  • The Institute of Infrastructure, Technology, Research and Management [2012] was set up to provide engineering education with specialization in infrastructure to create centres of excellence by fostering cultural and ethical values with a view to enhance professional morality, research integrity, globally acceptable business ethics and morals for professionals.
7. Governor as the Chancellor of the State Funded Universities in Gujarat :-

As per entry 25 of List III [Concurrent List] of the 7th Schedule of the Constitution of India, State Governments have powers to pass legislations pertaining to education, including technical education, medical education and universities subject to the provisions of entries 63, 64, 65 and 66 of List I, vocational and technical training of labour.

The Governor by virtue of his office is also the Chancellor of most of the Universities in the State. His role as Chancellor, envisages creating right environment and conditions for the Universities so as to enable them to make greater contribution to the cause of higher education in the State. It is the Chancellor's responsibility to steadily and continuously enhance the statute and quality of the University education. Without meddling into the day to day administration, he as the Chancellor has to share his vision, experience and thoughts in furthering the interests of the higher education.

The dignity and impartiality of the office of the Chancellor puts the Governor in a unique position with regard to protecting the autonomy of the Universities and saving them from undue political interference. In order to enable the Chancellor to fulfill and discharge his responsibilities he also enjoys some powers and authority through statutory provisions

8. The Role of the Governor as Chancellor of Universities in Elevating the minds of the Youth :-

8.1 India at the threshold of a new millennium : -

We are at the threshold of a new millennium. We are facing a highly competitive world. We are in the vanguard of a technological revolution through the advancement of science and technology where information technology has taken over or far superseded many other technologies. At such a juncture, we with all our ancient wisdom and knowledge have to catch up fast with the rest of the world.

It is important for us as a nation to analyse the emerging trends and to take pro-active initiatives. Our youth are required to face emerging challenges, and they need to equip themselves with knowledge and motivation to be able to take benefit of the opportunities that the globalisation has offered.

Our youth amounting to 54 crores in the population of about a billion people are a great national resource. Gujarat has population of over 1.82 crores between the age group of 15 35 years. However, the target group would be of 1 crore youth between the age 15 24 year in case of higher education system. They can be joined in the great task of transferring India into a developed nation by 2020.

8.2. The youth as a reservoir of energy enthusiasm and power : -

Our youth are a great source of energy, enthusiasm, ambition and power. If their energies and youthful aspirations could be properly channelised for progress through social change, their enormous potential could work miracles. Right type of environment is needed for this. It is our moral responsibility to properly guide them by showing role models. The role of the university chancellor would hence be visualized as of one who would act as a catalysed in the process of harnessing the energy and enthusiasm of the youth in a number of ways, more particularly by proactively bringing about policies and programmes which would encourage and involve the youth in imparting education to others without disturbing their own studies, would promote them to take leadership on various fronts education, women empowerment, effective implementation of poverty removal programmes, governance, getting rid of corruption, social change, civil defence, disaster management etc. Their idealism, sense of discipline, commitment, conviction and a relentless drive could work miracles for the betterment of the country. Efforts are being made in this direction too.

9. Chancellor's powers in the State-funded Universities of Gujarat at present :-
  1. In most of the State-funded Universities, the Governor is the Chancellor and a Head of the University.
  2. In many of the Universities, the Governor is also one of the Officers of the University.
  3. The Chancellor is the Head of the University Court/ Senate; and when present, can preside over the meeting of the Court.
  4. The Chancellor has to preside over the Convocations of the Universities.
  5. The Chancellor has to appoint Search Committee for the selection of the Vice-Chancellors as per the prescribed procedure in the respective Acts of the concerned universities.
  6. The Chancellor has powers to conduct inquiries into the University's affairs.
  7. The Chancellor has the powers to give his assent to the University's Statutes.
  8. The Chancellor has to appoint his nominee in the selection of the teaching staff in the University.
  9. The Chancellor has powers to confer Honorary Degrees upon the eminent people after following the laid down procedures.
  10. The Chancellor has also the powers for the withdrawal of degrees and diplomas.
  11. The Chancellor has powers to sanction leaves of the Vice-Chancellors.
  12. The Chancellor has powers to sanction foreign tours of the Vice-Chancellors and other teaching staff of the Universities.
10. Concerns of the Universities :-
  1. Shortage of qualified teaching and non-teaching staff; appointment of the adhoc teachers further harms the teaching environment.
  1. Lack of linkages with the best universities within and outside the country.
  1. Right types of Vice-Chancellors are not appointed. They lack vision and cannot provide any leadership to our youths.
  1. Universities do not enjoy functional autonomy. There is too much interference from the state bureaucracy.
  1. Conducive environment for undertaking qualitative research through innovation and creativity does not exist in our Universities. The Vice Chancellors have stopped teaching. They have become administrators.
  1. Lack of proper environment for undertaking qualitative research through innovation and creativity.
  1. Appointment of adhoc teachers /contractual teachers at the college/university level harms the environment.
  1. Lack of proper monitoring of the private universities either by the State or the Central Government.
  1. Posts of the Vice Chancellors, Registrars and Librarians in the colleges and universities are never filled upon time.
  1. Most of the State University Acts are age-old. Need a re-look and require to be modified or re-drafted. This requires a strong political will both at the Centre and the State
  2. Absence of Data Base of innovative measures taken by the universities both at the level of the universities as well as at the State
  1. Amongst the world's best universities, there is a fierce competition to become the best. This element is entirely lacking in our universities. As a result, none of our universities find place amongst the top 100 universities of the world.
  1. National Assessment and Accreditation Council (NAAC) has rated 62% of our universities and 90% of our colleges affiliated to them as average or below average.
  1. Absence of a conducive environment that encourages eminent academicians to accept to work as the Vice-Chancellors.
  1. In the post-liberalization period, gradual withdrawal by the State and the entry of the private initiative has deteriorated the healthy environment as education is being recognised as a “business enterprise’’, rather than a “social good’’.
  1. Accountability of faculties and the Vice-Chancellor is missing.
  1. Absence of a mechanism which prepares students industry ready with relevant skill
11. Suggestions for improvement of the Higher Education System in Gujarat :-
  1. Universities should build up networks with their counterparts within and outside the country and should cultivate habit of sharing experiences and best practices.
  1. University campuses should become centres of learning in the fields of skill development.
  1. Universities should provide practical knowledge of technologies to their students.
  1. Universities should increase their interface with the industries and seek their advice in restructuring their academic curriculum.
  1. Skill training should be provided in local languages.
  1. All vacant posts should be filled up in a transparent manner expeditiously. Vice-Chancellors should be carefully selected so that they could provide visionary leadership.
  1. Selective national service along with vocational training should be introduced.
  1. Universities should create environment so as to promote and encourage qualitative research.
  1. Universities should ensure academic excellence through enhancement of quality education.
  1. Universities should identify ways and means of restoring the respect, honour, dignity and glory that our ancient universities of नालंदा, तक्षशिला and वल्लभी enjoyed in ancient times.
  1. We should bridge gaps between education and employability through skill development.
  1. All vacancies should be filled up with qualified persons expeditiously.
  1. Governments, Universities and industries together should chalk out plans to reduce the skill gap by redesigning course contents/syllabus keeping in view the market needs.
  1. Universities should encourage their students to participate in the Flagship Programmes of the Central Government - Cleanliness Drive, "Skill India", Cashless Economy, Yoga, etc.
  1. Universities should perform some social responsibilities also at their level.
  1. Universities can motivate our youths towards the cause of nation building by imparting education embedded in moral values.
  1. Universities can compile Convocation Addresses so that the faculties and the students can get inspired by reading them.
  1. Universities can ensure academic excellence through enhancement of quality education.
  1. Universities can create an ideal and positive environment within the universities so as to promote and encourage qualitative research.
  1. University Vice Chancellors should hold interactions with the students, faculty members and alumni of the universities on a regular basis.
  1. Universities should establish a system for ensuring accountability of the Vice Chancellor, Deans and faculty members.
  1. Universities should undertake periodic revision of University Acts.
  1. Universities should regularly interact with the Industrial Houses about their manpower requirement.
Governor’s Association with Social Organizations