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)].
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.
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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:
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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.
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.
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.
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.
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:
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.
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1. What is the role of the State Executive? |
2. How is the State Executive different from the State Legislature? |
3. What are the powers and duties of the Governor? |
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