State Executive

Introduction

In India, every State has a government

to run its own administration.
Articles 153 to 167 in Part VI of the
Constitution deal with the state
executive.
The state executive consists of the
governor, the chief minister, the
council of ministers and the advocate
general of the state.

The Governor
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 is both the constitutional Head of a State and
an agent of the Central Government in a State.
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.
The State Government cannot remove the
Governor from his post.

Appointment of Governor
The governor is neither directly
elected by the people nor indirectly
elected by a specially constituted
electoral college as is the case with
the president.
He is appointed by the president by
warrant under his hand and seal.
He is a nominee of the Central
government.

Qualifications

The Constitution lays down only two qualifications for

the appointment of a person as a governor. These are:
1.He should be a citizen of India.
2.He should have completed the age of 35 years.
Additionally, two conventions have also developed in
this regard over the years.
First, he should be an outsider, that is, he should not
belong to the state where he is appointed, so that he is
free from the local politics.
Second, while appointing the governor, the president is
required to consult the chief minister of the state
concerned.
Both the conventions have been violated in some of
the cases.

Conditions of Governors Office

The Constitution lays down the following conditions

for the the governors office:
1.He should not be a member of either House of
Parliament or a House of the state legislature.
2.He should not hold any other office of profit.
3.He is entitled without payment of rent to the use
of his official residence (the Raj Bhavan).
4.He is entitled to such emoluments, allowances
and privileges as may be determined by Parliament.
5.When the same person is appointed as the
governor of two or more states, the emoluments
and allowances payable to him are shared by the
states in such proportion as determined by the
president

Salary & Emoluments

In 2008, the Parliament has increased the
salary of the governor from `36,000 to
`1.10 lakh per month.
Like the President, the governor is also
entitled to a number of privileges and
immunities.
He enjoys personal immunity from legal
liability for his official acts.
During his term of office, he is immune
from any criminal proceedings, even in
respect of his personal acts. He cannot be
arrested or imprisoned.

Term of Governors Office

A governor holds office for a term of five
years from the date on which he enters
upon his office.
However, this term of five years is
subject to the pleasure of the President.
The Constitution does not lay down any
grounds upon which a governor may be
removed by the President.
He can resign at any time by addressing
a resignation letter to the President

Powers and Functions of

Governor
The powers and functions of the
governor can be studied under the
following heads:
1.Executive powers.
2.Legislative powers.
3.Financial powers.
4.Judicial powers

Executive Powers

All executive actions of the government of a state are

formally taken in his name
He appoints the chief minister and other ministers. They
also hold office during his pleasure.
He appoints the advocate general of a state and
determines his remuneration
He appoints the state election commissioner and
determines his conditions of service and tenure of office
He appoints the chairman and members of the state
public service commission.
He can seek any information relating to the
administration of the affairs of the state and proposals
for legislation from the chief minister
He acts as the chancellor of universities in the state. He
also appoints the vice-chancellors of universities in the
state

Legislative Powers

He can summon or prorogue the state legislature and

dissolve the state legislative assembly.
He can address the state legislature at the
commencement of the first session after each general
election and the first session of each year
He can send messages to the house or houses of the
state legislature, with respect to a bill pending in the
legislature or otherwise.
He nominates one-sixth of the members of the state
legislative council from amongst persons having
special knowledge or practical experience in
literature, science, art, cooperative movement and
social service.
He can nominate one member to the state legislature
assembly from the Anglo-Indian Community

Legislative power
When a bill is sent to the governor after it is passed by
state legislature, he can:
(a)Give his assent to the bill, or
(b)Withhold his assent to the bill, or
(c)Return the bill (if it is not a money bill) for
reconsideration of the state legislature. However, if the
bill is passed again by the state legislature with or
without amendments, the governor has to give his
assent to the bill, or
(d)Reserve the bill for the consideration of the president.
He can promulgate ordinances when the state
legislature is not in session. These ordinances must be
approved by the state legislature within six weeks from
its reassembly

Financial Powers

1.He sees that the Annual Financial Statement

(state budget) is laid before the state legislature.
2.Money bills can be introduced in the state
legislature only with his prior recommendation.
3.No demand for a grant can be made except on
his recommendation.
4.He can make advances out of the Contingency
Fund of the state to meet any unforeseen
expenditure.
5.He constitutes a finance commission after
every five years to review the financial position
of the panchayats and the municipalities.

Judicial Powers
1.He can grant pardons, reprives, respites and
remissions of punishment or suspend, remit and
commute the sentence of any person convicted of
any offence against any law relating to a matter to
which the executive power of the state extends.
2.He is consulted by the president while appointing
the judges of the concerned state high court.
3.He
makes
appointments,
postings
and
promotions of the district judges in consultation
with the state high court.
4.He also appoints persons to the judicial service
of the state (other than district judges) in
consultation with the state high court and the
State Public Service Commission.

Constitutional Position of
Governor

The governor has been made only a

nominal executive, the real executive
constitutes the council of ministers
headed by the chief minister.
In other words, the governor has to
exercise his powers and functions with
the aid and advise of the council of
ministers headed by the chief minister

Chief Minister
&
Council of Ministers

Chief Minister
In the scheme of parliamentary system
of government provided by the
Constitution, the governor is the
nominal executive authority (de jure
executive) and the Chief Minister is the
real executive authority (de facto
executive).
In other words, the governor is the head
of the state while the Chief Minister is
the head of the government.

Appointment of Chief Minister

The Constitution does not contain any specific

procedure for the selection and appointment of the
Chief Minister.
Article 164 only says that the Chief Minister shall
be appointed by the governor.
In accordance with the convections of the
parliamentary system of government, the governor
has to appoint the leader of the majority party in
the state legislative assembly as the Chief Minister.
But, when no party has a clear majority in the
assembly, then the governor may exercise his
personal
discretion
in
the
selection
and
appointment of the Chief Minister.

Powers and Functions

The powers and functions of the
Chief Minister can be studied under
the following heads:

In Relation to Council of Ministers

(a)The governor appoints only those persons as
ministers who are recommended by the Chief
Minister.
(b)He allocates and reshuffles the portfolios among
ministers.
(c)He can ask a minister to resign or advise the
governor to dismiss him in case of difference of
opinion.
(d)He presides over the meetings of the council of
ministers and influences its decisions.
(e)He guides, directs, controls and coordinates the
activities of all the ministers.
(f)He can bring about the collapse of the council of
ministers by resigning from office

In Relation to the Governor

a)He is the principal channel of communication between the

governor and the council of ministers. It is the duty of the
Chief Minister:
(i)to communicate to the Governor of the state all decisions of
the council of ministers relating to the administration of the
affairs of the state and proposals for legislation;
(ii)to furnish such information relating to the administration of
the affairs of the state and proposals for legislation as the
governor may call for; and
(iii)if the governor so requires, to submit for the consideration
of the council of ministers any matter on which a decision has
been taken by a minister but which has not been considered
by the council.
(b)He advises the governor with regard to the appointment of
important officials like advocate general, chairman and
members of the state public service commission, state
election commissioner, and so on.

In Relation to State
Legislature
(a)He advises the governor

with
regard to the summoning and
proroguing of the sessions of the
state legislature.
(b)He can recommend the dissolution
of the legislative assembly to the
governor at any time.
(c)He announces the government
policies on the floor of the house

Other Powers and Functions

(a)He is the chairman of the State
Planning Board.
(b)He is a member of the Inter-State
Council and the National Development
Council, both headed by the prime
minister.
(c)He is the chief spokesman of the
state government
(d)He is the crisis manager-in-chief at
the political level during emergencies

Council of Ministers
Article 163 deals with the status of
the council of ministers.
Article
164
deals
with
the
appointment, tenure, responsibility,
qualifications, oath and salaries and
allowances of the ministers.

Constitutional Provisions

Article 163Council of Ministers to aid and advise

Governor.
1. There shall be a Council of Ministers with the Chief
Minister as the head to aid and advise the Governor in
the exercise of his functions, except in so far as he is
required to exercise his functions in his discretion.
2.If any question arises whether a matter falls within
the Governors discretion or not, decision of the
Governor 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 advice tendered by Ministers to the Governor
shall not be inquired into in any court

Other Provisions as to Ministers

Article 164
1.The Chief Minister shall be appointed by the
Governor and the other Ministers shall be
appointed by the Governor on the advice of the
Chief Minister.
2.The total number of ministers, including the
chief minister, in the council of ministers in a
state shall not exceed 15 per cent of the total
strength of the legislative assembly of that state.
But, the number of ministers, including the chief
minister, in a state shall not be less than 12. This
provision was added by the 91st Amendment Act
of 2003

Appointment of Ministers

The chief minister is appointed by the

governor.
The other ministers are appointed by the
governor on the advice of the chief minister.
This means that the governor can appoint
only those persons as ministers who are
recommended by the chief minister.
But, there should be a tribal welfare
minister
in
Chhattisgarh,
Jharkhand,
Madhya Pradesh and Odisha. Originally, this
provision was applicable to Bihar, Madhya
Pradesh and Odisha

Powers and functions of the State Council of Ministers :

The State Council of Ministers formulates the policies

for State administration. It also implements them.
The Council of Ministers also implements the
directives given by the Central Government.
The Council of Ministers prepares proposals for
legislation. It has also to take measures so that the
legislations are passed in the legislature.
The Council of Ministers is responsible for maintaining
law and order in the state.
It is the real executive in the state. It is responsible
for running the administration of a state according to
the principles of the Constitution.
The ministers are allotted the responsibility of various
departments of state administration.
They are to look after their respective departments
and supervise activities so that the departments

Powers and functions of the State Council of Ministers :

The Council of Ministers makes policies regarding recruitment,
appointment, transfer, promotion, etc. of the Public Services in
the state. It even advises the Governor for the appointment of
important functionaries like the Chairman and members of the
Public Service Commission Advocate General, etc..
It prepares the annual budget of the State government. The
Minister for Finance presents the budget in the Legislative
Assembly. It is responsible for maintaining sound financial
condition in the state.
The Council of Ministers advises the Governor regarding the
date and time of summoning and proroguing the sessions of the
legislature. It also advises the Governor to dissolve the
Legislative Assembly.
The social, economic and political condition of a State is
dependent upon the performance of the Council of Ministers. If
the ministers are efficient and dedicated, then the State will
definitely work better. It also depends on how the Chief Minister
is leading the Council of Ministers.

References

Fadia, B.L, Indian Government and Politics, Sahitya

Bhawan Publication, Agra, 2014
Avasthi, A.P, Indian Government and Politics, Narain
Agarwal, Agra, 2001.
Gupta, D.C, Indian Government and Politics,Vikas
Publishing House, New Delhi, 1978
Johari, J.C, Indian Government and Politics, Vishal
Publication, 1979.