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Showing contexts for: function of functionary in Har Govind Pant vs Chancellor, University Of Rajasthan ... on 8 November, 1977Matching Fragments
18. Shri Nariman then contended that our Constitution provides for a Federal Government having separate systems of administration in the Union and its units, namely, the States. A Governor, just as the President, stands at the head of the Executive power of a State. Executive power of the State is vested in the Governor and all executive actions have to be taken in the name of the Governor. The Constitution must be interpreted in a reasonable manner. According to him, Governor is the fountain-head or the very structure on which the edifice of the State rests. The Governor is nobody's employee. He only serves the Constitution. Shri Nariman drew our attention to the form of Governor's oath or affirmation in Article 159. The form of oath or affirmation that a Governor subscribes under Article 159 is identically the same as the form of oath subscribed by the President under Article 60. Before the President or the Governor enter upon their offices, they have to make and subscribe an oath stating that they will "preserve, protect and defend the Constitution". A Governor is, therefore, a protector of the Constitution. He is not in the service of the Government of India or of Government of a State. Nor is he an agent of the Central Government. He drew a distinction between the functions of a Governor under the Constitution and those of a Colonial Governor, who was a representative of the Crown. Whereas a Constitutional functionary like the Governor is nobody's employee, a Colonial Governor was the Crown's representative. He drew our attention also to Seervai's Constitutional Law of India, 1st Edn., Appendix A-139. It is only in regard to Article 239(2) and Schedule VI, para. 18 (2) that the Governor acts as an agent, but that is as a Constitutional instrumentality. Outside these areas, he acts on his own. Nobody can give him any direction as to the manner in which the work is to be done, The word "employment" denotes the relationship of master and servant. It would be the very antithesis of the Constitution to say that he is an employee of the Central Government. He is the Chief Executive of the State. He appoints the Chief Minister. In Federal Structure, there is no subservience. Each of the Constitutional Functionaries performs his own functions and duties. With regard to Articles 256 and 257, Shri Nariman contends that Centre's direction would no doubt prevail. In the event of conflict, the State follows the mandate of the Centre. In federal polity, the Centre is always strong. This does not show that the Governor is subordinate to Centre, nor does it show that he is in the employment of the Central Government. Second proviso to Article 200 illustrates that the Governor is a protector of the Constitution. Shri Nariman further contends that there is no subordination of the Governor under the Constitution merely because he is appointed by the President. He drew our attention to the various functions of the Governor, his power to grant pardon or reprieve under Article 161", which is a Sovereign function. He points out that Article 163(2) is not controlled by Article 163(1) i.e., by the advice of the Council of Ministers and that Article 108 makes the Governor a component part of the State Legislature. He also drew our attention to Articles 167, 175 and 176, second proviso to Article 200, Articles 200, 333 and 356, which relate to the various constitutional functions of a Governor.