State Executive | PSIR Optional for UPSC (Notes) PDF Download

Governor

• Constitution provides for a Parliamentary form of Govt in the States as well.
• Part-Vl deals with government in States (except for J&K).
• Art 153 to 167 deal with State Executive consisting of governor, CM, Council of Ministers & advocate-general of the state.
• Governor is the chief executive Head of the State.
• Governor is a nominal head.
• Governor also acts as an agent of the Centre in the State.
• 7th Amd of 1956 allows for 1 Gov for more 2 or more States.

Appointment, Conditions & Term:

• Governor is appointed by the President for a maximum term of 5 years.
• Governor serves at the pleasure of Prez, but is not subordinate to Centre.
• Gov can resign by handing resignation to Prez.
• Chief Justice of High Court administers the oath of office.
• Qualifications & Conditions :
• Should be a Citizen of or above the age of 35 years.
• Should not be Member of Leg or Parl. Such a person is deemed to have vacated her office when she enters upon her office as Governor.
• Should not hold office of profit.
• Entitled to use of Official Residence (Raj Bhawan).
• Entitled to emoluments, allowances as decided by Parliament.
• Emoluments cannot be diminished during the term of Office.
• Enjoys personal immunity from legal liability for official acts. Immune from criminal proceedings. Civil proceedings after 2 months notice.

Executive Powers:

• All exec actions of State Govt is taken in the Gov’s name.
• Gov makes rules for authentication of such actions taken in his name.
• Makes rules for transaction of business and its allocation to ministers.
• Appoints CM & other ministers to serve at his pleasure.
• Appoints advocate general of the state to serve at his pleasure.
• Appoints state election commissioner.
• Appoints Chairman & members of State Public Service Commissions.
• Can seek info from CM on admin of State or legislation proposals.
• Can require CM to submit a Minister’s decision for consideration of CoM.
• Recommends imposition of Constitutional emergency to Prez in the State.
• Acts as Chancellor of State Universities & appoints Vice-chancellors.

Legislative Powers

• Gov can summon or prorogue State Leg & dissolve State Leg Assembly.
• Can address the State Leg at first session of term and every year.
• Can send messages to the House or houses regarding a pending bill.
• Can appoint any member to preside over a house meetings when the offices of Speaker/Chairman & Deputy Speaker/ Deputy Chairman fall vacant.
• Nominates 1/6th of Members in State LC from fields of art, lit., Sci, etc.
• Can nominate 1 member to State LA from Anglo-Indian Community.
• Decides on question of Disqualification in consultation with State EC.
• When a bill is sent to State Legislature, Governor can :
• Give assent to the Bill, OR
• Return Non-Money Bill for reconsideration only once to Leg, OR
• Reserve the Bill for consideration of Prez, if the bill endangers position of HC (reservation obligatory in this case), if Bill is Ultra-vires, opposed to DPSP, against larger interest of Country, deals with Art 31A.

Legislature Powers

• Can promulgate Ordinances when State Legislature is not in session. Ordinances must be approved by State Leg within 6 weeks of reassembly.
• Governor lays the reports of the State Finance Commission, SPSC, & CAG in front of the State Legislature.

Financial Powers

• Governor sees that the Annual Financial Statement is laid before State Leg.
• Money Bills can only be introduced with her prior recommendation.
• Demand for grants can only be made on her recommendation.
• Gov can make advances out of Contingency Fund of India to meet unforseen expenditure.
• Constitutes a Finance Commission every five years to review financial position of Panchayats and Municipalities.

Judicial Powers

• Can grant pardons, reprives, respites & Remissions of punishments or suspend, remit & commute the sentence against laws relating to matters to which exec powers of the State extends.
• Consulted by Prez while appointing judges of State HCs.
• Makes appointments, postings & promotions of District Judges in consultation with State HC.
• Appoints persons to Judicial Services of State in consultation with HC & SPSC.

Discretionary Powers

• Art 154 envisages the possibility of the Governor acting on discretion.
• The Constitution doesn’t make ministerial advice to Gov binding on her.
• Governor has Discretionary Powers on following matters :
• Reservation of Bill for consideration of Prez.
• Recommendation for imposition of President’s Rule in the State.
• While acting as the administrator of an adjoining UT (additional charge).
• Determining amount payable by certain State Govts to an Autonomous Tribal District Council as royalty for acquiring mineral exploration licence.
• Seeking info from CM on administrative and Legislative matters.
• Appointment of CM in a hung assembly or in case of sudden vacation of post.
• Dismissal of CoM when they cannot prove majority support.
• Dismissal of State LA when CoM has lost majority.
• Apart from these there are certain other State-specific matters on which Gov considers the CoM advice but acts finally on her own discretion.

Chief Minister

• The Governor assumes the role of the nominal executive, embodying the de jure executive authority. In this capacity, the Governor stands as the head of the state. However, it's crucial to recognize that this position primarily holds a symbolic and constitutional significance.
• In stark contrast, the Chief Minister serves as the real executive, holding the de facto executive authority. As the head of the government, the Chief Minister wields actual decision-making power and is actively involved in the day-to-day administration of the state. 
• Analogy: Governor is the head of the state; Chief Minister is the head of the government.

Appointment of Chief Minister

• Appointment Authority: As per Article 164, the governor holds the authority to appoint the Chief Minister.
• Convention: The customary practice involves the governor appointing the leader of the majority party in the state legislative assembly as the Chief Minister.
• Discretionary Power: The governor may exercise discretion in situations where no party commands a clear majority.
• Exceptional Circumstances: In cases of no clear majority, the governor has the option to appoint the leader of the largest party or coalition and subsequently call for a vote of confidence.

Sarkaria Commission

• The Sarkaria Commission on Centre-State Relations (1983-88) provided key recommendations for the selection and appointment of a Chief Minister. The guidelines emphasize principles to be followed by the Governor in choosing a Chief Minister, especially in scenarios where a single party doesn't have an absolute majority in the Legislative Assembly. 

Governor's Role:

• Choose Chief Minister based on the party or coalition with the broadest support in the Legislative Assembly.
• Governor ensures government formation without influencing policies.

Appointment Criteria:

If a single party has an absolute majority, its leader automatically becomes Chief Minister.

In the absence of a majority:

• Prefer alliance formed before elections.
• Largest single party with support.
• Post-electoral coalition with all partners in government.
• Post-electoral alliance with some forming the government and others supporting externally.

Vote of Confidence:

• Chief Minister, unless leading a majority party, seeks a vote of confidence within 30 days.

Resolution of Rival Claims:

• Governor doesn't independently decide rival claims; they are tested on the Legislative Assembly floor.

Oath, Term, and Salary

• Oath: Allegiance to the Constitution, upholding sovereignty, and discharging duties faithfully.
• Term: Holds office at the pleasure of the governor. But the governor cannot dismiss the officeholder as long as they have majority support in the legislative assembly. However, if the individual loses assembly confidence, resignation is mandatory, or the governor can dismiss them.

Salary: Determined by state legislature. 

Powers and Functions 

In Relation to Council of Ministers:

• Ministerial Appointments: The Chief Minister recommends ministers to the governor, reflecting their leadership in the ruling party. 
• Portfolio Allocation: The Chief Minister reshuffles portfolios, optimizing the government's efficiency.
• Control Over Resignations: Authority over ministerial resignations or dismissals ensures the Chief Minister's influence.
• Presiding Over Council Meetings: The Chief Minister chairs meetings, guiding decisions and strategies.
• Coordination of Ministerial Activities: The Chief Minister guides and coordinates ministerial activities for a cohesive administration.
• Resignation of Chief Minister dissolves council of ministers.

In Relation to Governor:

• Communication Channel: The Chief Minister acts as the main intermediary between the state government and the governor.
• Advisory Role in Appointments: The Chief Minister advises the governor on key official appointments, influencing administrative matters.

In Relation to State Legislature:

• Legislative Advice: The Chief Minister advises on legislative sessions and dissolution, ensuring coordination between the executive and legislative branches. 

Other Powers and Functions:

• Chairman of State Planning Board.
• Vice-chairman of relevant zonal council.
• Member of Inter-State Council and NITI Aayog.
• Chief spokesman, crisis manager during emergencies.

Relationship with Governor (Constitutional Provisions)

• Chief Minister heads the council of ministers. and the council of ministers is collectively responsible to the legislative assembly.
• Articles 163, 164, and 167 define the collaborative relationship between the governor and the Chief Minister. 

Article 163: Council of Ministers to aid and advise Governor:

• There shall be a council of ministers with the Chief Minister as the head to aid and advise the governor.
• The Chief Minister is the chairperson of this council.
• The council aids the governor in the exercise of their functions, except those exercised at their discretion.

Article 164
Appointment of Chief Minister:

• The Chief Minister is appointed by the governor.
• Other ministers are appointed by the governor on the advice of the Chief Minister.

Tenure and Pleasure:

• Ministers hold office during the pleasure of the governor.
• The council of ministers is collectively responsible to the legislative assembly of the state.

Article 167: Duties of the Chief Minister
Communication to the Governor:

• The Chief Minister has a duty to communicate to the governor all decisions of the council of ministers related to the administration of the state's affairs and proposals for legislation.

Furnishing Information:

• The Chief Minister is required to furnish information related to the administration of state affairs and proposals for legislation when requested by the governor.

Submission of Matters:

• If the governor requires, the Chief Minister must submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but not yet considered by the council.

State Council of Ministers

In India, both the states and the Union follow a parliamentary system of governance. This means that the real executive authority in a state lies with the council of ministers headed by the chief minister, similar to the setup at the central level. The state council of ministers is structured and functions much like its counterpart at the Centre, as per the provisions of the Indian Constitution.

State Council of Ministers – Constitutional Provisions

• The States, or the other half of Indian federalism, are addressed within Part VI of the Constitution. Articles 152-237 deal with various state-related provisions. It encompasses the state's executive, legislative, and judicial bodies. The Council of Ministers (CoM) in states is dealt within Articles 163 – 164.

• Article 163 provides that the Governor is aided and advised by the Council of Ministers. State Council of Ministers are analogous to Central Ministerial Councils. The Chief Minister is in charge of the state council. On the advice of the CM, the governor appoints ministers to the council.

The Constitution under Article 163 further provides for 

• A Council of Ministers, led by the Chief Minister, shall assist and advise the Governor in the discharge of his duties, except to the extent that he is obliged by or under this Constitution to exercise all or any of his duties in his discretion.
• If there would be any speculation as to whether a matter is or is not one in which the Governor is required to act in his discretion by or under this Constitution, the Governor's decision in his discretion shall be final, and the validity of anything done by the Governor shall not be called into question on the basis that he should or should not have acted in his discretion.
• The question whether any and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.

Article 164 

• The overall number of Ministers in a State's Council of Ministers, including the Chief Minister, must not exceed 15% of the total number of members of the Legislative Assembly of that State
• The State's Legislative Assembly will hold the Council of Ministers collectively accountable.
• The Governor shall administer the oaths of office and secrecy to a Minister before he assumes his office, using the forms set out in the Third Schedule for that purpose.
• A Minister who is not a member of the State Legislature for a period of six months or more ceases to be a Minister at the end of such period.
• Ministers' wages and allowances shall be as determined by the State Legislature from time to time by legislation and shall be as indicated in the Second Schedule until the State Legislature so determines.

Article 166 deals with the Conduct of Business of the Government of a state

Qualifications:
To be a Minister of a State Council, one should be a member of the State legislature, if he is not a member of state legislature while becoming a member of the state legislature, he has to become one within the period of six months from the date of entering the office.

Further, the qualifications needed to be a member of the state legislature are :

(a) He must be a citizen of India.
(b) He must bear true faith and allegiance to the Constitution of India.
(c) He must be not less than 30 years of age in the case of the legislative council.
(d) He must not be less than 25 years of age in the case of the legislative assembly.

Role And Functions of State Council Of Ministers

Formulation of Policies:

• Ministers are in charge of formulating the government's policies.
• The Cabinet makes decisions on all key issues, including public health, disability and unemployment benefits, plant disease control, water storage, land tenures and production, and the supply and distribution of goods.
• The appropriate department implements the policy when it has been developed.

Administration and Maintenance of Public Order:

• The executive power must be used in a way that ensures that state laws are followed.
• The Governor is empowered by the Constitution to create -rules for the more efficient conduct of government activities.
• The Council of Ministers advises on all such regulations.

Appointments:

• The Governor has the authority to appoint the Advocate-General and State Public Service Commission members.
• The Governor appoints the Vice-Chancellors of the State Universities, as well as members of numerous Boards and Commissions. These appointments cannot be made at the Governor's discretion. On the advice of his ministers, he must carry out these duties.

Guiding the Legislature:

• The majority of the bills voted by the legislature are government bills drafted by ministries.
• The Ministers introduce, explain, and defend them before the State Legislature. Each year, before the start of the first session of the Legislature, the Cabinet prepares the Governor's Address, in which it lays out its legislative agenda.

Control over the State Exchequer:

• The Finance Minister presents the State Legislature with the State budget, which includes estimates of revenue and expenditure for the coming year.
• In the case of a Money Bill, the Legislature cannot take the initiative.
• Only a Minister can introduce such a Bill, which must be recommended by the Governor. The Executive does have the initiative regarding financial matters.

Execution of Central Laws and Decisions of the Union Government:

• In certain situations, the Union Government has the authority to issue directives to state governments.
• States should use their executive power to guarantee that the laws passed by Parliament are followed.
• They should not do anything that might jeopardize the Union's executive power.

Types of Responsibilities

There are two types of responsibilities :

1. Collective responsibility
2. Individual responsibility

Collective Responsibility:

• Article 164 clearly states the council of ministers is collectively responsible to the legislative assembly of the state.
• This means that all ministers have shared responsibility for all their actions of omission and commission before the legislative assembly.
• They operate together as a team and sink or swim as a unit.
• When the legislative assembly approves no-confidence motions against the council of ministers, all ministers, including those on the legislative council, are required to resign.
• The notion of collective responsibility also indicates that a cabinet decision binds all cabinet ministers (and other ministers), even if they deferred in cabinet.
• It is the responsibility of all ministers to support cabinet decisions both inside and outside the state legislature. A minister must resign if he disagrees with a cabinet decision.

Individual responsibility:

• Individual accountability is likewise enshrined in Article 164. The ministers serve at the governor's leisure, according to the law.
• This means that the governor can dismiss a minister if the council of ministers has the legislative assembly's confidence.
• The governor, on the other hand, can only remove a minister on the advice of the chief minister.
• In the event of a disagreement or unhappiness with a minister's performance, the chief minister may ask him to quit or advise the governor to remove him.

Appointment to the State Council 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.
• The governor can appoint only those persons as ministers who are recommended by the chief minister.

Removal

• Members of the state council of ministers can hold office during the pleasure of the governor, but the governor exercises his power on the recommendation of the chief minister.

Composition of State Council of ministers

• Cabinet ministers, ministers of state, and deputy ministers make up the council of ministers. The distinction between them is found in their rankings.
• The cabinet ministers are incharge of the major departments.
• The independent charge is normally assigned to ministers of state.
• Cabinet ministers are assisted by deputy ministers.

Cabinet

The Cabinet, a smaller body within the council of ministers, serves as the nucleus of authority in the state government. Comprising only cabinet ministers, it plays a pivotal role in state governance with the following responsibilities:

1. Highest Decision-Making Authority: The Cabinet is the top decision-making body in the state's politico-administrative system.
2. Chief Policy-Formulating Body: It is responsible for formulating major policies for the state government.
3. Supreme Executive Authority: The Cabinet holds the supreme executive authority within the state government.
4. Chief Coordinator of State Administration: It acts as the primary coordinator of the state administration's various departments and functions.
5. Advisory Body to the Governor: The Cabinet advises the Governor on important state matters.
6. Chief Crisis Manager: In times of emergencies, the Cabinet functions as the chief crisis management body.
7. Legislative and Financial Matters: The Cabinet deals with major legislative and financial issues of the state.

Additionally, the Cabinet exercises control over significant appointments such as constitutional authorities and senior secretariat administrators, ensuring its influence extends across various aspects of state governance.

Cabinet Committees

• The Cabinet operates through various committees known as Cabinet Committees.
• These committees are of two types:

Standing Committees:

• Permanent in nature.
• Address ongoing or regular matters of governance.

Ad Hoc Committees:

• Temporary and set up as needed.
• Based on the exigencies of the time and specific requirements of the situation.
• Dissolve once their tasks are completed.

• The Chief Minister establishes these committees.

• The number, names, and composition of these committees can vary based on circumstances.

Cabinet Committees:

• Discuss and formulate proposals for the Cabinet's consideration.
• Have the authority to take decisions on specific matters within their purview.
• Decisions made by these committees can be reviewed by the Cabinet.
• This system allows for efficient handling of various issues and tasks within the government's administrative framework.

Conclusion

The Council of Ministers decides the state legislative agenda and takes the lead in introducing and passing government legislation. It’s the strong state legislative council that makes the state progress on the path of development faster and safer. The Expansion of the government arm in the improvement of the lives of people of the state begins with the council of ministers. It goes down the history line of democratic India how the strong legislation and its implementation is responsible for changing lives. The State council of ministers can be treated as the backbone of the government.