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State Executive

Part VI, Chapter II of the Constitution pertains to the State Executive. It establishes a framework for a federal structure where power is shared between the Union and the States. Both the federal and state governments must operate within the limits defined by the Constitution. Having different frameworks does not imply different administrative methods. In fact, all State administrations are uniform, except for Jammu and Kashmir. The structure is consistent at both the Union and state levels, featuring a parliamentary system. The executive head is the constitutional ruler, who acts according to the advice of the Council of Ministers, responsible to the legislature, except in matters where the Governor of a State can act 'in his discretion' [Art. 163(1)].

Governor

As per Article 153 of the Constitution, every state in India is required to have a Governor who serves as the head of the state's executive power. It's important to note that a single Governor can oversee two or more states, as allowed by the seventh amendment in 1956.

Appointment of Governor

  • The Governor of a State is appointed by the President of India and serves at the President's pleasure, as outlined in Article 155 of the Constitution.
  • In the process of appointing a Governor, the President typically seeks the advice of the Chief Minister of the respective state.

Term of Office

  • According to Article 156, the Governor holds office at the discretion of the President.
  • While the usual term for a Governor is five years, it can be terminated by:
    • Dismissal by the President.
    • Resignation submitted to the President.

Salary and Emoluments

  • As per Article 158, the Governor is entitled to use his official residence without paying rent and receives emoluments and privileges as determined by Parliament.
  • The emoluments, which are charged to the Consolidated Fund of India, cannot be reduced during the Governor's term.
  • If the same person is appointed as Governor of multiple States, the Constitution stipulates that the emoluments will be shared among the states as ordered by the President.
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Qualifications and Conditions for Office

  • According to Articles 157 and 158, a person eligible for appointment as Governor must:
    • Be a citizen of India.
    • Be at least 35 years old.
    • Not hold any office of profit under the Government.
    • Not be a member of Parliament or the State Legislature.
  • There is no restriction on selecting a Governor from among the members of the legislature. However, if a legislator is appointed as Governor, they cease to be a legislator immediately.

Powers of the Governor

The powers of a Governor are akin to those of the President concerning executive, legislative, financial, and judicial matters. However, the Governor does not possess diplomatic and emergency powers, which are exclusive to the President. These powers can be categorized into four main areas:

1. Executive Powers

  • All executive actions within the State are carried out in the name of the Governor.
  • The Governor is responsible for appointing the Chief Minister, who, in turn, advises on the appointment of other ministers.
  • The Governor's executive powers encompass all items listed in the State List of the Seventh Schedule.
  • Additionally, the Governor has powers related to items in the Concurrent List, although these are subject to the President's powers.
  • The Governor appoints the Advocate General and members of the State Public Service Commission.
  • The Chief Minister, ministers, and the Advocate General serve at the Governor's pleasure, while Public Service Commission members do not.
  • The Governor has the authority to nominate one member of the Anglo-Indian community to the Assembly.
  • He also nominates members to the Legislative Council from individuals with expertise in fields such as literature, science, and social services.

2. Legislative Powers

  • The Governor has the authority to address the legislature, send messages, summon, prorogue, and dissolve it.
  • He ensures the presentation of the 'annual financial statement' in the legislature.
  • However, the Governor cannot issue ordinances on issues requiring presidential consideration.
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3. Ordinance-Making Power

  • Under Article 213, the Governor can issue an ordinance with the same authority as a state legislature Act.
  • This power can be exercised when the state legislature is not in session and must be based on ministerial advice.
  • The ordinance must be laid before the House within six weeks of reassembly and can only address topics in Lists II and III of the Seventh Schedule.
  • The Governor can withdraw the ordinance at any time, but this power cannot be exercised without the President's 'instruction.'

4. Financial Powers

  • The Governor recommends the introduction of money bills in the House.
  • Demands for grants require his recommendation for introduction.
  • He requests the presentation of the 'annual financial statement' in the assembly.

5. Judicial Powers

  • The Governor has the authority to appoint, post, and promote district judges and other judicial officers.
  • He can grant pardons, reprieves, remissions, or alter sentences for any offence related to the state's executive powers.

Emergency Powers

  • The Governor does not possess emergency powers. However, he can report to the President if he believes that the State government is not functioning according to the Constitution, as outlined in Article 356.
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Discretionary Powers

  • While the Constitution does not grant the President the authority to act independently, it allows the Governor to exercise certain functions 'in his discretion.' Typically, the Governor follows the advice of the Council of Ministers.
  • If there is a question regarding whether a matter requires the Governor to act in his discretion, the Governor's decision is final, and the validity of his actions cannot be challenged on those grounds, as per Article 163(2).
  • Discretion can be categorized into two types:
    • Explicit discretion, which is specified in the Constitution (constitutional discretion).
    • Implicit discretion, which arises from the political situation (situational discretion).
  • In summary, the Governor has limited discretion in specific situations.

Governor's Discretion

Governor's marginal discretion may be exercised in the following occasions :

(i) Selection of the Chief Minister if no political party has an absolute majority, or does not have a recognised leader;

(ii) Dismissal of a Ministry if he believes it has lost the confidence of a majority in the Assembly or if the ministry is involved in activities that may threaten national security or unity;

(iii) Dissolution of the Legislative Assembly;

(iv) Requesting information from the Chief Minister regarding legislative and administrative matters;

(v) Asking the Chief Minister to submit any matter decided by a Minister but not yet considered by the Council of Ministers;

(vi) Refusing assent to a Bill passed by the legislature and returning it for reconsideration;

(vii) Reserving a bill passed by the State legislature for the assent of the President;

(viii) Seeking instructions from the President before issuing an ordinance on certain matters;

(ix) Advising the President regarding the proclamation of an emergency;

(x) In the case of the Governor of Assam, certain administrative matters concerning tribal areas and resolving disputes between the government of Assam and the District Council regarding mining royalties;

(xi) Similarly, the Governors of Nagaland, Sikkim, Arunachal Pradesh, Mizoram, Meghalaya, and Tripura have specific functions to perform at their discretion.

President's Control Over the Governor

The Governor's discretion, while significant, is not absolute. Absolute discretion implies autocracy, which is incompatible with the Governor's role in a democratic framework. The Constitution clarifies that the Governor is under the President's control regarding matters where the Governor acts at his discretion. However, in other areas, the President's control is more about appointment and removal powers and does not extend to interfering with the State government against the Chief Minister's wishes. The Chief Minister, holding the confidence of the State legislature, plays a pivotal role in this dynamic. The President receives updates on State affairs through the Governor's reports, but it's crucial to note that invoking Article 356 requires a specific constitutional crisis or failure of constitutional machinery, which could lead to the Ministry's dismissal.

Council of Ministers

Article 163 of the Constitution provides for a Council of Ministers to assist and advise the Governor in executing his functions. However, there are specific functions that the Governor must exercise 'in his discretion' as mandated by the Constitution.

Appointment

The Council of Ministers, headed by the Chief Minister (akin to the Prime Minister at the national level), wields the actual executive authority in the state. The Governor appoints the Chief Minister, while other Ministers are designated by the Governor on the Chief Minister's advice. The Council of Ministers is collectively accountable to the state's Legislative Assembly and individually responsible to the Governor. Anyone can be made a Minister with the support of the Legislative Assembly, but they must be a member of the State Legislature, or remain one, for six consecutive months to keep their position. The State Legislature determines the salaries and allowances of Ministers.

Functions

  • The Council of Ministers serves as the primary executive body.
  • It formulates policies, initiates legislation, and coordinates the activities of various government agencies.
  • It oversees, directs, and manages public administration.
  • It executes state policies with the assistance of the bureaucracy.
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Powers and functions of Chief Minister

  • The Chief Minister functions as the operational head of the State Government.
  • He offers advice to the Governor on matters concerning state administration.
  • As the leader of the Council of Ministers, he presides over its meetings.
  • He keeps the Governor informed about all decisions made by the Council.
  • He presents issues for which the Governor requests legislation to the Council.
  • The Chief Minister acts as the primary communication link between his ministers and the legislature, as well as between them and the Governor.

Chief Minister vis-a-vis Governor Under Art. 167

  • The Chief Minister is obligated to inform the Governor about all decisions made by the Council of Ministers concerning state administration and legislative proposals.
  • He must provide information about state affairs and legislation when requested by the Governor.
  • Upon request, the Chief Minister should submit a proposal for the consideration of the Council of Ministers.

Dismissal of CM by Governor

Article 164 addresses whether a Governor can dismiss the Council of Ministers led by the Chief Minister if they are believed to have lost their majority. The conclusions are as follows:

  • The Governor has the authority to dismiss an individual Minister at any time.
  • The Governor can dismiss the Council of Ministers or the Chief Minister (which leads to the Council's dismissal) only if the Legislative Assembly demonstrates a lack of confidence in them, either through a no-confidence vote, censure, or by rejecting an important measure, and the Governor opts not to dissolve the Assembly.
  • The Governor cannot dismiss the Chief Minister based solely on personal judgment about the Chief Minister’s support in the Assembly; this responsibility rests with the Legislative Assembly.
  • The only valid method to determine if a Ministry has lost the Assembly's confidence is through a vote in the Assembly.
  • Evaluating a Ministry's strength is not a matter of personal opinion, whether from the Governor or the President.

Advocate General

Article 265 mandates the presence of an Advocate General in every State, mirroring the role of the Attorney General of India with similar responsibilities. The Governor appoints the Advocate General, who serves at the Governor's discretion. This individual is typically a High Court judge and is required to provide legal counsel to the Government upon request. The Governor also determines the Advocate General's compensation. While the Advocate General has the right to speak and participate in proceedings, they do not possess voting rights in the state legislature.

The document Revision Notes: The State Executive | Indian Polity for UPSC CSE is a part of the UPSC Course Indian Polity for UPSC CSE.
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FAQs on Revision Notes: The State Executive - Indian Polity for UPSC CSE

1. What is the role of the State Executive?
Ans. The State Executive is responsible for implementing and enforcing laws within a specific state. They oversee the day-to-day operations of the state government and work closely with the state legislature and judiciary to ensure effective governance.
2. How is the State Executive different from the State Legislature?
Ans. The State Executive is responsible for implementing and enforcing laws, while the State Legislature is responsible for making laws. The State Executive is headed by the Governor, who is responsible for executive functions, whereas the State Legislature is composed of elected representatives who make and amend laws.
3. What are the powers and duties of the Governor?
Ans. The Governor, as the head of the State Executive, has various powers and duties. These include appointing and removing state officials, granting pardons or reprieves, calling special legislative sessions, and vetoing legislation. The Governor also plays a crucial role in representing the state and promoting its interests.
4. How is the State Executive accountable to the people?
Ans. The State Executive is accountable to the people through various means. The Governor and other executive officials are elected by the citizens in state elections. Additionally, the State Executive is subject to checks and balances from the state legislature and judiciary, ensuring transparency and accountability in their actions.
5. How does the State Executive interact with the federal government?
Ans. The State Executive interacts with the federal government through various channels. The Governor represents the state's interests in dealings with the federal government and can request assistance or resources for the state. The State Executive also works with federal agencies to implement federal programs and policies at the state level.
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