Bihar Executive | BPSC Preparation: All subjects - BPSC (Bihar) PDF Download

Bihar Executive

• According to Articles 153 to 167 of the Indian Constitution, the Executive in Bihar comprises the Governor, Chief Minister, and Council of Ministers. 
• This body is responsible for the daily administration of the state and the execution of laws. The Governor, appointed by the President of India on the advice of the Central Government, serves as the ceremonial head of state, while the Chief Minister holds the primary executive powers.

Governor

• The Governor of Bihar acts as a nominal head and the representative of the President of India in the state. Articles 153 to 161 of the Constitution outline the appointment, tenure, election, and powers of a state Governor.
• Appointment and Tenure: The Governor is appointed by the President for a term of five years but serves at the President's pleasure.
• Role: The Governor acts as a liaison between the Centre and the State. If a member of the Legislature is appointed as Governor, they cease to be a member immediately upon such appointment, as per Article 158 of the Constitution.
• First Governor: The first Governor of Bihar after India's independence was Jairamdas Daulatram.

Governor of Bihar

Lalji Tandon was the Governor of Bihar from 23rd August 2018 to 28th July 2019. He was succeeded by Fagu Chauhan, who took office on 29th July 2019 and is the current Governor as of 31st August 2019.

Qualifications of Governor

• To be qualified as a Governor, a person:
• should be over 35 years of age.
• must not hold other office of profit.
• should not be a member of the Legislature of Union or of any state.

Tenure and Removal of Governor

• The normal term of a Governor’s office is five years, however he may be terminated earlier by:
• dismissed by the President under Article 156(1)
• resignation under Article 156(2).

Powers of the Governor

• The Governor of Bihar has executive, financial and legislative powers. The Governor appoints Chief Minister and on his advice the State Council of Ministers, Advocate General of the State, the Chairman and members of the State Public Service Commission, District Court Judges, etc.
• Money Bill can not be introduced in Assembly without Governor's prior recommendation. A bill passed by a State Legislature can only become a law with the Governor's approval.
• The Governor can invite the President to impose President’s Rule under Article 356 if the state government is unable to function as per the Constitution.

President’s Rule in Bihar

• President's Rule in Bihar has been imposed during times of emergency, including situations where the state Legislature was prematurely dissolved, there was a loss of majority in the State Legislative Assembly, or when a coalition government collapsed. 
• The imposition is carried out by the Governor of the state in consultation with the President.

Chief Minister

• The Chief Minister of Bihar is the chief executive of the Indian state of Bihar. The Governor appoints the Chief Minister, whose Council of Ministers is collectively responsible to the assembly. 
• The Chief Minister’s term is for 5 years and is subject to no term limits. He is given oath by the Governor. The first Chief Minister of Bihar was Krishna Singh.

Powers of the Chief Minister

• All major decisions in the state are taken by the Chief Ministers with the support of the Council of Ministers. Since, the Chief Minister is the real head of the state, the development of the state in terms of financial, technological and human development rests upon the powers of the Chief Minister. 
• The Chief Minister is vested with the power to dismiss any Cabinet member or Council of Ministers, based on the performance of the minister within the administrative capacities of the state.

Bihar Cabinet

• The first Bihar Cabinet after independence was formed in 1946 with Dr. Shri Krishna Singh as the Chief Minister and Dr. Anugrah Narayan Sinha as the Deputy Chief Minister and Finance Minister. Initially, it consisted of only these two members, with other ministers being inducted later.
• Dr. Shri Krishna Singh was the first Chief Minister of Bihar, and Dr. Anugrah Narayan Sinha was responsible for various portfolios, including Finance, Labour, Health, Agriculture, and Irrigation. The Cabinet served as the first government of Bihar post-independence in 1947.

Council of Ministers

• Article 163 of the Indian Constitution mandates the formation of a Council of Ministers, headed by the Chief Minister, to assist and advise the Governor in the exercise of his functions.
• Article 164 states that the Council of Ministers holds office at the pleasure of the Governor. The Council is collectively responsible to the Legislative Assembly of the state.
• Before a Minister assumes office, the Governor administers the oaths of office and secrecy to him, as per the forms specified in the Third Schedule. If a Minister is not a member of the state Legislature for six consecutive months, he ceases to be a Minister. The State Legislature determines the salary and allowances of Ministers, as specified in the Second Schedule.
• The 91st Constitutional Amendment in 2003 to Article 164 stipulates that the total number of Council of Ministers should not exceed 15% of the members of the State Legislature and not be less than 12.

Important Commissions in Bihar

Bihar Public Service Commission

• The Bihar Public Service Commission (BPSC) is a constitutional body established under Article 318 of the Indian Constitution. It comprises a Chairman and other members appointed by the Governor of the state. BPSC was constituted on April 1, 1949, following the Government of India Act 1935. Initially, its headquarters was in Ranchi, but it was later relocated to Patna.
• The tenure of the BPSC Chairman and members is six years or until they reach the age of 62, whichever comes first. BPSC started its operations in Ranchi but was shifted to Patna on March 1, 1951, as decided by the State Government. Rajandhari Sinha was the first Chairman of BPSC.

Bihar State Election Commission

• The Bihar State Election Commission is a statutory body responsible for conducting Panchayat elections in the state. It is established under Article 243 (T) of the Constitution. The commission is headed by a Chief Election Officer, appointed by the Governor of Bihar.
• The commission operates under the supervision of the Election Commission of India and is responsible for preparing voter lists and overseeing all activities related to elections at the grassroots level. Its office is located in Patna.

Bihar Human Rights Commission

• The Bihar Human Rights Commission was established under the Protection of Human Rights Act 1993, which allows for the creation of State Human Rights Commissions. In Bihar, the commission was set up on January 3, 2000, and officially constituted on June 26, 2008.
• The Governor appoints a Chairperson and two other members to the commission. The first Chairperson was Shri Justice SN Jha. The commission has the authority to intervene in court proceedings involving human rights violations, conduct inquiries on its own initiative or based on petitions, and promote the work of non-governmental organizations in the field of human rights.

The Bihar State Commission for Women

• The Bihar State Commission for Women was established as an independent government department to safeguard and promote women’s rights and welfare under ‘The Bihar State Commission for Women Act 1999’. The commission is responsible for launching various plans, programs, and projects aimed at advancing the interests of women.
• Members of the commission are elected for a three-year term, and both the Chairperson and other members are women appointed by the Governor. The commission’s headquarters is located in Patna.