Revision Notes: The Governor & the State Executive - BPSC (Bihar) PDF Download

State Executive

The executive at the state level consists of the Governor, the Council of Ministers, and the Chief Minister.

The Governor

• The Governor is appointed by the President and holds office during his pleasure.
• To be eligible for appointment as Governor, a person:
  (i) Must be a citizen of India
  (ii) Must have completed 35 years of age
  (iii) Should not be a member of either House of Parliament or the state legislature
  (iv) Must possess the qualifications prescribed for members of the state legislature.
  (v) Must not hold any office of profit.
• The monthly salary of a Governor is Rs 1,10,000, as specified in the Governor’s (Emoluments, Allowances and Privileges) Act of 1982. The Governor is also entitled to certain benefits and allowances, which shall not be diminished during his office term of five years.
• The salary and allowances of the Governor are charged to the Consolidated Fund of the State and is not subject to the vote of the state legislature.

Powers

Executive Powers 

• All major appointments of the State are made by the Governor such as those of Chief Minister, Ministers, Advocate-General, members of the State Public Service Commission.
• The Governor has the power to recommend to the President for President’s rule.
• When the State is put under President’s rule, the Governor acts as the representative of the President in the State and assumes wide powers. 
  
  Question for Revision Notes: The Governor & the State Executive

  Try yourself:Which of the following statement is incorrect regarding the qualifications for a person to be Governor?

  • A.

    Should be a member of Parliament or any state legislature
  • B.

    Must not hold any office of profit
  • C.

    Must be a citizen of India
  • D.

    Must have finished 35 years of age

  Explanation

  Should not be a member of either House of Parliament or the state legislature

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Legislative Powers

• He has the right of addressing and sending messages, and of summoning, proroguing, and dissolving the popular House in relation to the State Legislature.
• He can also nominate one member of the Anglo-Indian community to the Legislative Assembly if he feels the community is not adequately represented (Article 170).
• In States which have Legislative Councils, the Governor has the power of nominating some members from amongst persons distinguished in literature, science, art, cooperative movement, and social service according to Article 171 (It may be noted that ‘cooperative movement’ is not included in the corresponding list pertaining to Rajya Sabha).
• The Governor’s assent is necessary for bills passed by the State Legislature to become laws (Article 200).
• Article 213 empowers the Governor to issue ordinances during the recess of State Legislature, though in certain cases he has to obtain prior instructions from the President before doing so.
• The ordinances have to be approved by the State Legislature in the same way as Parliament does in the case of Presidential ordinances.

Financial Powers 

• The responsibility for the presentation of the budget before the State Legislature rests with the Governor.
• The House cannot enact any law involving expenditure from the Consolidated Fund of that State without the recommendation of the Governor.
• The Governor administers the Contingency Fund of the State and can advance money out of it to meet unforeseen expenses.
• The money must be recouped, however, with the authority of the State Legislature.

Judicial Powers

• The Governor appoints judges of courts below the High Court.
• He is consulted by the President while appointing High Court judges.
• By Articles 161, he can grant pardons, reprieves, remission of punishment to persons convicted under state laws.
• However, he has no power to pardon a sentence of death or remit sentence by court-martial. 

Discretionary Powers

• Though in most matters he has to act on the advice of the Council of Ministers, he can exercise discretion in some cases (Article 163).
• The Constitution does not specify these matters but the matters in which he can act without the advice of the Council of Ministers are:
  (i) Selection of Chief Minister if no political party has a clear-cut majority or does not have an acknowledged leader;
  (ii) Dismissal of a ministry if he is convinced that it has lost majority support;
  (iii) Dissolving the Legislative Assembly;
  (iv) Reservation of certain bills for the consideration of the President;
  (v) Submission of the report to the President regarding the failure of constitutional machinery in the State;
  (vi) It is for the governor to decide whether a particular matter falls within his discretion or not, and the Constitution stipulates that the Courts cannot call in question the matters in which the Governor chooses to use his discretion (Article 163).

Other Powers

• The Governor receives the report of the Auditor-General and places it before the Legislature.
• He places the report of the State Public Service Commission along with the observation of the Council of Ministers before the State Legislature.
• As Chancellor of various universities within the jurisdiction of the State, he appoints Vice-Chancellors of these universities.