CONSTITUTION OF INDIA

UNIT-2
CHAPTER -3
UNION GOVERNMENT

UNION EXECUTIVE, LEGISLATURE AND JUDICIARY

Legislature-The body which makes new laws and also amends the existing laws.
Executive-The one who executes, administers the laws
Judiciary-The body which interprets the laws Constitution also provides for administration of the states through the
same three organs

India being a federal system, the subjects of administration are classified under three lists
Union list-consists of 100 subjects on which Parliament has exclusive power to legislate. This Includes: defence, armed
forces, arms and ammunition, atomic energy, foreign affairs, war and peace. Citizenship, extradition, railways, shipping
and navigation, airways, posts and telegraphs, telephonex Wireless and broadcasting, currency, banking, insurance
constitution and organisation of the Supreme Court, High Courts and union public service commission, income tax etc

State list-consists of 61 subjects which includes: maintaining law and order, police forces, healthcare
Transport, land policies, electricity in state, village administration, etc.The state legislature has exclusive power to make
laws on these subjects. But in certain circumstances, the parliament can also Make laws on subjects mentioned in the
State list

Concurrent list-consists of 52 items. Marriage and divorce, education, contracts, bankruptcy and Insolvency, trustees
and trusts, civil procedure, contempt of court, adulteration of foodstuffs, drugs and poisons,, trade unions, labour
welfare, electricity, newspapers, books and printing press, etc.

UNION PARLIAMENT
Union Parliament: The legislative branch of the Union government is called the Parliament. It Consists of

1. The President and

2. Two Houses known as the House of the People (Lok Sabha) and the Council of States (Rajya Sabha).

It is important to appreciate that though President is not a member of either houses of the parliament because of his
certain functions relating to its proceedings, he is an integral part of The Parliament.

Before looking into the composition, powers and functions of both the Houses of the Parliament, it is to be noted that
unlike Britain, Parliament is not supreme under the Indian Constitution. The Indian Parliament is the creature of the
constitution and derives all its powers from it. In India constitution Is supreme.

Bicameral Legislature: The Indian Parliament is bicameral which has one upper house called as Rajya Sabha and the
Lower house called the Lok Sabha.
LOK SABHA
Lok Sabha is a popular house. It is the lower house which is also called as the House of the People as it is the people’s
representative body. The members of the Lok Sabha are directly elected By the people of India. Composition:
• It consists of total 545 members
• Out of which 543 are directly elected by states and union territories (Lok Sabha Constituency)
• 2 members are nominated by the president from Anglo-Indian Community
Elections are based on adult Franchise: All the citizens who are 18 years of age and above have the right to vote and
elect the members of the Lok Sabha in their respective constituency.

Territorial Constituencies: When the elections are announced, each State and Union Territory is divided into various
territorial constituencies based on population. While demarcating the territorial constituencies, the ratio between the
population of each constituency and the number of seats allotted to it is as far as practicable the same through out the
state. These are known as Parliamentary Constituencies. One representative to Lok Sabha is elected from each of the
Constituencies.

Nomination: President can nominate not more than two members of the Anglo-Indian Community to the Lok Sabha if
he opines that the community is not adequately represented in the house.

Term: The term of the Lok Sabha is five years from the commencement of its first session.. However, it can be dissolved
even earlier by the President. During an emergency, its term can be extended for a period of one year and when so
extended it cannot continue beyond a period of six months after the Proclamation of emergency has ceased to operate.

Qualifications: The Constitution lays down the following qualifications for a person to be chosen a member of Lok
Sabha.

(i) He/she should be a citizen of India,

(ii) He/she should not be less than 25 years of age and
(iii) He/she should not hold an office of profit under the central, state or local governments.
(iv) He/She should possess such other qualifications as may be specified by law made by Parliament from time
to time.

Presiding Officer: Lok Sabha is presided over by the Speaker and in his/her absence by the DeputySpeaker. Members of
the Lok Sabha elect the Speaker and the Deputy Speaker from among themselves.

• He/She maintains order and discipline in the lower house as well as supervises its proceedings.
• He/She decides who will speak and for proceeding
• He/She normally does not cast his/her vote but can vote in case of a tie.
• The Speaker decides whether a bill is an ordinary or a money bill and his/her decision is final.
• Besides, he/she is the custodian of the rights and privileges of the members.
• In case of a joint sitting of the Lok Sabha and the Rajya Sabha, the Speaker of the Lok Sabha, Presides over such
meetings.

RAJYA SABHA
Rajya Sabha is the upper house of Parliament. It is also called as the Council of States as the members to this house are
elected by members of State Legislative Assemblies.

Composition: The maximum number of members of this house cannot exceed 250. Out of these, 238 members
represent the States and Union Territories and 12 are nominated by the President of India. The number of members
from each State depends on the population of that State.

At present, the Rajya Sabha has 245 members. Out of this, 229 members represent the states, 4 members represent the
unioin territories and 12 members are nominated by the president.

Elections: It is an indirect election. Members are elected by state representatives through proportional representation
by means of single transferable vote.
Nomination: President has the power to nominate 12 members to Rajya Sabha who are distinguished persons in the
field of literature, art, science and social service.

Term: The members of the Rajya Sabha are elected for 6 years. But there is an arrangement according to which one-
third of the members retire every two years and new members are elected. The retiring member can be re-elected.The
Rajya Sabha is not subject to dissolution.

Qualifications: The Constitution lays down the following qualifications for a person to be chosen a Member of Rajya
Sabha.

• Should be a citizen of India, and

• Should be at least 30 years of age.
• Other qualifications are the same as those for the members of the Lok Sabha.

Presiding Officer: Rajya Sabha is presided over by the Vice President of India who is its ex-officio Chairman. The
Chairman (Vice-President) is not a member of the Rajya Sabha. He/She is elected by an electoral college consisting of the
members of both the Houses of Parliament. During his/her absence, the House is presided over by the Deputy Chairman.
Like the Speaker of Lok Sabha, the Chairman of the Rajya Sabha also does not normally vote but in case of a tie, he/she
may exercise the Casting of vote.

COMPARATIVE POSITION OF BOTH THE HOUSES

In a parliamentary system the lower house always plays a more important role. Accordingly, in our country also, the Lok
Sabha is more powerful and effective

Lok Sabha Rajya Sabha

Directly elected Indirectly elected
Elected for a definite period of 5 years. Its tenure can be Permanent body
increased and it can be dissolved even earlier than the expiry
of the term.
545 members 245 members
Any bill can be introduced Money bill cannot be introduced
Has control over the council of ministers by passing No- Can only debate and criticize
confidence motion

PRESIDENT, PRIME MINISTER AND COUNCIL OF MINISTERS

Articles 52 to 78 in Part V of the constitution deal with the Union Executive. The Union executive consists of the
president, the vice-president, the prime minister, the council of ministers and the Attorney general of India.

PRESIDENT
The President is the head of the Indian state. He is the first citizen of India and acts as the symbol of unity,
integrity and solidarity of the nation.
Qualifications for election as President:

In order to be qualified for election as President, a person must:

(i) Be a citizen of India;

(ii) Have completed the age of 35 years;year
 (iii) Be qualified for being elected as a member of the House of the People (Lok Sabha); and
(iv) Not hold any office of profit under the government of India, any State government or under any Local
authority or any other authority of the said government.

Process of Election of the President

The President is indirectly elected by an Electoral College which consists of

(a) The elected members of both the Houses of Parliament,

(b) The elected members of Legislative Assemblies of the States and
(c) The elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry.

The voting is by secret ballot. She/he is elected according to the system of proportional representation by means of the
single transferable vote. As far as practicable, there shall be uniformity of representation of the different states at the
election, According to the population and the total number of elected members of the Legislative Assembly of Each state
and parity shall also be maintained between the states as a whole and the union.

Oath taking: The elected President takes an oath before the Chief Justice of India.

Term of Office

The President is elected for a term of five years, but even after the expiry of the term, he/she may continue to hold
office until his/her successor enters the office. There is a provision for the re-election of a person who is holding or who
has held the office as President. Whenever a vacancy occurs in the office of the President either due to

• His/her death,
• His/her resignation or
• Removal from office by impeachment.

The Vice President acts as President until the date on which a new President is elected and enters upon his/her office.
But the Vice-President can act as the Président for not more than six months. In case of resignation, the President will
address his resignation letter to the Vice-President.

Impeachment: Impeachment is a quasi-judicial procedure in the Parliament. The only ground for Impeachment of the
President is “Violation of the constitution”

• A proposal for impeachment can be initiated in any of the houses. Provided A resolution containing the proposal
is moved after 14 days notice in writing which is signed by not less than 1/4of the total members of that house
and
• The resolution is then passed by both the houses with not less than 2/3 of the total membership of the houses.

The emoluments and allowances: The emoluments and allowances of the President are determined by the President’s
Emoluments and Pension Act. He is entitled without payment of the rent to use his official residence popularly known as
Rashtrapati Bhawan in New Delhi. He is also entitled to a monthly pension of 50% of the emoluments per month for
remainder of his life provided he is not reelected to the office.house
POWERS OF THE PRESIDENT

The President is the executive head of the State. It is the highest public office in the country. All executive actions of the
government of India are carried out in his/her name. The President has the following powers:

1.Executive Power: The Constitution of India vests the executive powers of the Union in the President Since he is the
formal head of the administration. The executive powers which are Vested in the President are as follows-

• He/She appoints the Prime Minister, who is the leader of the majority party or group of Parties having majority
in the lower house, the Lok Sabha,
• He/She also appoints other members of the Council of Ministers on the recommendations of the Prime Minister.
• He/She appoints the Governors of the States, the Attorney General of India, the Comptroller and the Auditor
General of India, the Ambassadors and High Commissioners as well as the Administrators of the Union
Territories.
• He/She also appoints the Chairman and Members of the Union Public Service Commission As well as the Chief
Justice and Judges of the Supreme Court and the High Courts

2.Legislative Powers: The President is an integral part of the Parliament and in this capacity he/she enjoys many
legislative powers.

• The President addresses the Parliament every year at the commencement of the first Session and after each
general election to the Lok Sabha.
• He/She summons and prorogues the sessions of Parliament and can dissolve the Lok Sabha on the advice of the
Council of Ministers.
• Without the President’s assent a bill cannot become a law or an Act. The President can call for a joint session
when either of the houses fail to pass the Bill.
• The President can issue an ordinance whenever the Parliament is not in session and there Is a dire need to pass
the law.
• The president nominates 12 members to Rajya Sabha who have special knowledge or Special experience of
literature, art, science and social service. He is also empowered to nominate not more than two members to Lok
Sabha from the Anglo-Indian community.

3.Judicial Powers: The President has the power to grant pardon, reprieve, respite, remit and Commute the punishment.
The object of conferring these judicial powers is to correct possible judicial errors for no system of judicial
administration can be free from imperfections.

Pardon: absolves the offender from all punishment and disquimperfections

Reprive: Stay of execution of a sentence eg- pending a proceeding for pardon or commutation

Respite: awarding a lesser punishment instead of the penalty prescribed in view of some Special fact eg-pregnancy of a
woman offender.

Remitt: reducing the amount of sentence without changing its character

Commute: substitute one form of punishment for another of a lighter character

4. Financial Powers: In addition to the above mentioned executive and legislative powers, the President enjoys certain
financial powers.

• No money bill can be introduced in the Lok Sabha without his/her prior recommendation. In other words, all the
money bills are initiated in the Lok Sabha only with the assent of the President.
 • At the beginning of every financial year, The President gives his consent to introduce the Financial Budget,before
the Lok Sabha. The Budget is a document which contains the details of annual income and expenditure of the
Indian government.

5.Diplomatic Powers: All diplomatic work is conducted and all international treaties and agreements are negotiated and
concluded in the President’s name.

6.Military Powers: The President is the supreme commander of the Armed Forces and appoints the Chiefs of the three
wings, Army, Airforce and Navy.

7. Emergency Powers: President has the power to proclaim National, State and Financial Emergency. The Constitution
has made provisions for these powers to meet three specific extraordinary or abnormal situations arising in the country.
These situations may be:

(a) War or external aggression or armed rebellion;

(b) Failure of the constitutional machinery in any State; and
(c) Deep financial crisis.

PRIME MINISTER
The Prime Minister is the most important functionary at the Centre. Though the president is the head of the state, he
always acts on the aid and advice given by the Council of Ministers with the Prime Minister at the head. In fact, the
President is bound to exercise all the powers exactly according to the advice of the Council of Ministers, which is headed
by the Prime Minister. It is the Prime Minister who is the real head of the Union executive.

Appointment: The Prime Minster is appointed by the President, but the President has to invite ononly.Thatn to be the
Prime Minister, who is the leader of the majority in the Lok Sabha.

Besides being the leader of the majority in Lok Sabha, to be the Prime Minister, the person has to be A Member of
Parliament. If he/she is not a Member at the time of appointment, he/she has to acquire It within six months from the
state of his appointment as PM.

Functions of the Prime Minister

The Constitution does not make any specific provision for the powers of the Prime Minister, though he/ she is the most
powerful functionary of the Union government. The only provision in the Constitution is that the President shall exercise
his/her powers on the aid and advise of the Council of Ministers with the Prime Minister at the head, and that advice will
be binding.

But in practice, the Prime Minister

• Makes and unmakes the Council of Ministers. It is on his/her recommendations that the President appoints the
members of the Council of Ministers and distributes portfolios among them.
• Presides over the meetings of the Cabinet and communicates its decisions to the President.
• Acts as the link between the President and the Council of Ministers.
• As and when the necessity arises, he/she may recommend to the President that the Lok Sabha be dissolved and
fresh general elections be held.
• Is the Ex-officio Chairman of the Planning Commission as well as of the National Development Council
• Represents the nation at the international conferences as the head of the government.
In fact, the Prime Minister is not only the leader of the majority party, or the leader of the Parliament but he/she is also
the leader of the nation. His/Her office is the office of power, while that of the President is the office of honour, respect
and dignity.

THE UNION COUNCIL OF MINISTERS

The Constitution of India states that, “There shall be a Council of Ministers with the Prime Minister at The head to aid
and advise the President who shall, in the exercise of his functions, act in accordance With such advice, provided that
the President may require the Council of Ministers to reconsider Such advice, either generally or otherwise, and the
President shall act in accordance with the advice tendered after such consideration.”

The members of the Council of Ministers are appointed by the President on the recommendations of the Prime Minster.

The Council of Ministers has three categories of Ministers –

• Cabinet Ministers: the top category, known as the Ministers of Cabinet rank are about 20 to 25 and they hold
the charge of important departments
• Ministers of State: some of them hold independent charges of ministries while others are attached to cabinet
ministers.
• Deputy Ministers: are attached to Cabinet Ministers or Ministers of State.

The Cabinet meeting is attended only by the Ministers of Cabinet rank, but if required the Ministers of State may also be
invited to attend such meetings.

These Ministers work as a team under the leadership of the Prime Minister. The Ministers hold office during the
pleasure of the President, but they cannot be removed so long as they have the support of The majority in the Lok
Sabha,

Ministers are collectively responsible to the Lok Sabha. If the LokbSabha passes a ‘no-confidence motion’, the entire
Council of Ministers including PM has to resign. A no-confidence motion is a legislative motion brought by the members
of the Lok Sabha, expressing lack of trust in the Council of Ministers. Hence it is said that the ministers swim and sink
together.

Functions of council ministers are the same as those of the ministers are same as those of prime minister. The
proceedings of the cabinet or or Council of Ministers are kept secret the Council ofOf the Cabinet or Council of Ministers
are kept secret. The Council of Ministers is a large body of Ministers. 91st Constitution Amendment Act, 2003 provides
that the total number of ministers, including the Prime Minister, shall not exceed 15% of the total number of members
of the House of People (lok Sabha) The council of Ministers are collectively responsible to the House of People (lok
Sabha)
 CHAPTER -4
STATE GOVERNMENT
THE STATE LEGISLATURE

India is a Union of States. It means that there is one Union Government which is more powerful and several
State Governments, At present there are 28 States in the Indian Union and very similar to Parliament of India,
which is the law making body at the Union level every state has a State Legislature which is a law making body
at state level.

A study on composition of State Legislature, qualifications and election of their members, powers and
functions of the Legislature, and comparison of the powers of two Houses of the Lagislature explains The law
making process at state level
Composition of The State Legislature: The state legislature consists of

1. The Governor and

2. The Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad)

Very few States have opted for bicameral legislature ie two Houses of the Legislature namely, Legislative
Assembly (Vidhan Sabha) and Legislative council (Vidhan Parishad) besides the Governor. Only Six States have
the bicameral legislature, remaining all states are unicameral
The Legislative Council is known as upper House. Just as Lok Sabha has been made powerful at the Union
level, the Legislative Assembly has been made a powerful body in the States.

LEGISLATIVE ASSEMBLY (VIDHAN SABHA)

There is a Legislative Assembly (Vidhan Sabha) in every State. The Legislative Assembly is known as Lower
House or people House. It represents the people of State.
Composition: The number of Vidhan Sabha members cannot be more than 500 and not less than 60. However,
very small States have been allowed to have lesser number of members. Thus Goa has Only 40 members in its
Assembly. Uttar Pradesh (is a big state even after creation of Uttaranchal from this state in 2002) has 403
seats in the Assembly. Thus the strength of the assembly depends on the population of the respective state.
Elections: The members of Vidhan Sabha are directly elected by people of the state on the basis of universal
adult franchise. All men and women who are 18 years of age and above are eligible to be Included in the
voters’ List. They vote to elect members of State Assembly. Members are elected from Territorial
constituencies.
Territorial Constituencies: Every State is divided into as many constituencies as the number of members to be
elected. As in case of Lok Sabha, certain number of seats are reserved for Scheduled Castes, and Scheduled
Tribes. This depends on population of these weaker sections in the State
Nomination: The Governor of the State has the power to nominate one member of Anglo-Indian Community if
this community is not adequately represented in the House.
Term: The tenure of Vidhan Sabha is five years, but the Governor can dissolve it before the completion Of ts
term on the advice of Chief Minister. It may be dissolved by the President in case of constitutional Emergency
proclaimed under Article 356 of the Constitution.

Qualifications: The constitution prescribes the following qualifications to be a member of Vidhan Sabha.
(i) He/She should be a citizen of India,
(ii) He/She should be of at least of 25 years of age
(iii) His/Her name must be in voters’ list
(iv) (iv) He/She should not hold an office of profit under the central, state or local governments,
Presiding Officer: The members of Vidhan Sabha elect their presiding officer. The Presiding office as the
Speaker. They also elect a Deputy speaker who will function in the absence of the Is known speaker.
Functions of the Speaker are:

• The Speaker presides over the meetings of the House and conducts its proceedings.
• He maintains order in the House, allow the members to ask questions and speak.
• He puts bills and other measures to vote and announces the result of voting
• The Speaker does not ordinarily vote at the time of voting. However, he may exercise casting vote in
case of a tie. A tie means equal numbers of members have voted in favour and against a bill or
resolution. To break the tie, casting vote is exercised by the presiding officer.

LEGISLATIVE COUNCIL (VIDHAN PARISHAD)

Vidhan Parishad is the upper House of the State Legislature. It is not present in very State. Very few States
have bicameral Legislature that means having two Houses. Legislative Councils are legacy of The British period.

DO YOU KNOW
In India at present only six states have the Upper house (Vidhan Parishad), they are:
(1) Uttar Pradesh
(2) Bihar
(3) Karnataka
(4) Maharashtra
(5) Andhra Pradesh
(6) Telangana
Creation or Abolition of Legislative Council -The Parliament can create Vidhan Parishad in a St where it does
not exist, if the Legislative Assembly of the State passes a resolution to this effect by majority of the total
membership of the Assembly and by a majority of not less than two thirds of the members of the Assembly
present and voting, and sends the resolution to the Parliament. Similarly, if a State has a Council and the
Assembly wants it to be abolished, it may adopt a resolution by simple majority and send it to Parliament. In
this situation Parliament resolves to abolishe concerned Legislative Council. Accordingly, Councils of Punjab,
Tamil Nadu and West Bengal we abolished.
Composition: The total number of members in the Vidhan Parishad of a State should not exceed one- third of
the total number of members of Vidhan Sabha but this number should not be less than 40.
Elections: Members to Vidhan Parishad are indirectly elected by an electoral college consisting of

• One-third members of the Council are elected by the members of the Vidhan Sabha.
• One-third of the members of the Vidhan Parishad are elected by the electorates consisting of Members
of Municipalities, District Boards and other local bodies in the State;
• One-twelth members standing are elected by the electorate consisting of graduates in the State with a
Experience of at least three years;
• One-twelth members are elected by the electorate consisting of teachers of educational institutions
within the State not lower in standard than a secondary school who have teaching experience of at
least three years.
• The remaining. i.e. about one-sixth members are nominated by the Governor from amongst the
persons having special knowledge in the sphere of literature, science, arts, co-operative movement
and social service.

Term: Vidhan Parishad, like Rajya Sabha is a permanent House. It is never dissolved. The tenure of its
members is six years. One-third of its members retire after every two years. The retiring members are eligible
for re-election. In case of vacancy arising out of resignation or death by-election is held for the remaining
period of such members’ tenure.
Qualifications: In order to be a member of the Legislative Council the person concerned should-
(1) Be a citizen of India
(2) have attained the age of 30 years
(3) be a registered voter in the State
(4) Not hold any office of profit

Presiding Officer: The presiding officer of the Vidhan Parishad (Legislative Council) is known as the Chairman,
who is elected by its members.. In his absence, Deputy Chairman presides over the House. He is also elected
by the members of the Vidhan Parishad from amongst themselves..
Functions of the Chairman are as follows:

• The business of Vidhan Parishad is conducted by the Chairman.

• He presides over the meetings and maintains discipline and order in the House.
• In addition to his vote as a member, he can exercise his casting vote in case of a tie
STATE GOVERNOR, CHIEF MINISTER AND COUNCIL OF MINISTERS
STATE GOVERNOR
The State executive consists of Governor and Council of Ministers with Chief Minister as its head.

The Constitution provides for the post of the Governor as the Head of a State in India. He is appointed by the President
of India. He has dual role to play i.e., .

• The constitutional Head of a State and

• An agent of the Central Government in a State.

Qualifications: To be appointed as the Governor of a state, a person should

• Be a citizen of India
• Have completed 35 years of age.
• Not be a member of the Union Parliament or the State legislature.
• Not hold any office of profit.

Term: The Governor is appointed for a term of five years. But before the expiry of his full term, the President can dismiss
him from office. The Governor may also resign on his own. His term of office May be extended and he may be
transferred to another State. However, the State Government cannot Remove the Governor from his post.

POWERS AND FUNCTIONS

1.EXECUTIVE POWERS

• The Governor is the Chief Executive in a State.

• All the executive powers of the State Government are vested upon him and decisions are taken in his name.
• He appoints the Chief Minister and his Council of Ministers. He may dismiss the member Of the Council of
Ministers on the advice of the Chief Minister. The Governor distributes the portfolios among the members of
the Council of Ministers.
• The Governor also acts as the Chancellor of State Universities.
• He sends reports to the President about the situation of the State. The President imposes emergency in a State
under Article 356 on the basis of the report of the Governor.
• The Governor makes some important appointments of the State Government, such as, the Advocate general,
Chairman and members of the State Public Service Commission and others
• The Governor may call for information from the Chief Minister regarding the activities of the

2.LEGISLATIVE POWERS

• The Governor is an integral part of the State legislature, though he is not a member of either house of it.
• He summons and prorogues the sessions of the State legislature and he can dissolve the Legislative Assembly.
• He addresses the members of the legislature and may send messages.
• Without the Governor’s assent, no bill can become a law after it is passed by the legislature.
• Money bills can be introduced in the State Legislative Assembly only with the permission of
 • The Governor may promulgate ordinances during the period when the Legislative Assembly or both the Houses
of the legislature (when there are two Houses) are not in session.
• The Governor may nominate one member of the Anglo- India Community to the Legislative Assembly if there
are Anglo-Indian people in a State and they are not duly represented in the State legislature.
• He may also nominate 1/6 members of the Legislature Council (where they are from among persons who are
experts in the fields of science, literature, arts, social service and co-operative movement).
• The Governor makes the reports of various agencies placed on the floor of the State legislature

3.FINANCIAL POWERS

• The annual budget of the State Government is laid before the legislature with the approval of the Governor.
• The Governor must give his assent to money bills.
• The Contingency fund of the State is also placed at the disposal of the Governor.

4.JUDICIAL POWERS

• He may send any bill passed by the State legislature for the consideration of the President.
• He can appoint any member of the State legislature as the Chief Minister if no political party secures absolute
majority in the Legislative Assembly.
• During emergency, the Governor of a state can exercise his powers independently. A Governor of state can be
given additional duty of the Governor of the neighboring states by The President.

Position of the Governor

The position of the Governor of a State is similar to the President of India as a nominal executive. But the Governor is
not always a nominal executive. He can exercise his powers in the real sense on some Occasions.

• As he acts as an agent of the Central Government in a State, he is responsible for maintaining Relation between
the Central Government and the State Government.
• The Governor may advise the Council of Ministers when it faces some difficult situations.
• The President declares emergency in a State on the basis of the report of the Governor Regarding the law and
order situation in the State.
• The Governor takes independent decisions while exercising discretionary powers. He may seek information from
the Council of Ministers regarding various activities of the Government.
• He cannot be ignored by the Council of Ministers. He may even influence the decisions of the Council of
Ministers in many ways as the Head of State.

THE CHIEF MINISTER

The Governor appoints the leader of the majority party in the State Legislative Assembly as the Chiet Minister. He is the
head of the State Council of Ministers. The State Council of Ministers revolves round him. The Chief Minister has no fixed
term of office. He remains in office so long as he command support of the majority members of the Legislative Assembly
(up to 5years). When he loses suppor in the legislature, he has to resign. The resignation of the Chief Minister means the
resignation of the whole Council of Ministers in the State. The Chief Minister must be a member of the State Legislature
or State Legislative Council. If he is not a member of the State legislature at the time of his taking over charge, then he
must be so within a period of six months.
POWERS AND FUNCTIONS
The Chief Minister plays an important role in the formation of the Council of Ministers.

• On the advice of the Chief Minister, the Governor appoints the other Ministers of the Council of Ministers and
distributes among them the portfolios.
• As the head of the Council of Ministers, he presides over the meetings of the Council of Ministers and the
Cabinet.
• The Chief Minister supervises the activities of different ministries and advises them accordingly.
• He also coordinates the activities of different ministries.
• He has to see that the principle of collective responsibility is maintained by the Ministers.
• The Chief Minister plays an important role in making policies of the State Gointerest. He has to ensure that the
policies of the government do not go against public interest. His voice is final In policy decisions of the State
Government.
• He plays an important role in making higher appointments of the State Government. The Governor appoints
different higher officials of the State Government on the advice of the Chief Minister and his Council of
Ministers.
• The Chief Minister is the channel of communication between the Governor and the other Members of the
Council of Ministers. He has to keep the Governor informed of the decisions taken by the Council of Ministers on
various matters relating to State administration.
• The Chief Minister is the chief administrator of the State. All major decisions of the State Government are taken
under his leadership. He is responsible for over all working of the state departments. He has also to maintain a
good and harmonious relation with the Central Government.
• As the leader of the majority party in the Legislative Assembly, the Chief Minister has to see that party discipline
is maintained in the House. He has also to defend the ministers of his Council of Ministers on the floor of the
House from the criticisms of the opposition.
• The success of the State Government depends to a great extent upon the leadership of the Chief Mister. If he is
strong, dynamic and efficient, them the government will definitely perform well and rise up to the expectations
of the people.

COUNCIL OF MINISTERS
The Governor appoints the State Council of Ministers On the advice of the Chief Minister. In the State Council of
Ministers like that of the Union Council of Ministers, there are three categories of ministers-

1. Cabinet Ministers,
2. Ministers of States and
3. Deputy Ministers

All the Ministers, including the Chief Minister must be the members of the State legislature. If a Minister is not a
member of the State legislature at the time of his appointment, he must contest and become a part of the state
legislature within a period of six months from the date of his taking over charge as minister

The Chief Minister and Ministers heading individual departments of the government constitute the State Cabinet. It is
the most powerful authority in State administration. All the important decisions of the State administration are taken by
the Cabinet. The decisions of the Cabinet are binding upon the Council of Ministers.

The Council of Ministers has no fixed term of office. The term of the Council of Ministers depends on the support of the
majority members of the Legislative Assembly. If it loses majority support in the legislative Assembly, it has to resign.
The Governor may also remove a Minister from the council of Ministers on the advice of the Chief Minister.

The council of Ministers headed by the Chief Minister being the real executives of the state, exercise all the powers and
functions of the Governor of the State.. However, it cannot exercise the discretionary powers of the Governor.

The Council of Ministers are collectively responsible to the Legislative Assembly for carrying on the administration of the
State.

Powers and functions of the State Council of Ministers

(i) Formulation of Policies: The Ministers formulate the policies of the government. The Cabinet takes decisions on all
major problems-public health, relief to the disabled and unemployed, prevention of plant diseases, water storage, land
tenures and production, supply and distribution of goods. When it has formulated a policy, the appropriate department
carries it out

(ii)Administration and Maintenance of Public Order: The executive power is to be exercised in such a way as to ensure
compliance with State laws. The Constitution empowers the Governor to make -rules for the more convenient
transaction of the business of the Government. All such rules are made on the advice of the Council of Ministers.

(iii)Appointments: The Governor has the power to appoint the Advocate-General and the Members of the State Public
Service Commission. The Vice-Chancellors of the State Universities and members of various Boards and Commissions are
all appointed by the Governor. The Governor makes these appointments on the advice of his ministers.

(iv)Guiding the Legislature: Most of the Bills passed by the Legislature are Government Bills, prepared in the ministries.
They are introduced, explained and defended in the State Legislature by the Ministers. The Cabinet prepares the
Governor’s Address in which it sets forth its legislative programme at the commencement of the first session of the
Legislature Each year.

(v)Control over the State Exchequer: It prepares the annual budget of the State government The Minister for Finance
presents the budget in the Legislative Assembly. It is responsible for Legislative Assembly. Maintaining sound financial
condition in the state. The Legislature cannot take the initiative in the case of a Money Bill. Such a Bill must be
recommended by the Governor and can be introduced only by a Minister. The initiative in financial matters lies with the
Executive.

(vi)Execution of Central Laws and Decisions of the Union Government: The Union Government Is empowered to give
directions to the State-governments in certain matters. The States should exercise their executive power so as to ensure
compliance with the laws made by Parliament. They should not do anything which would hamper the executive power
of the Union.