State Executive

Study Handouts
Compiled by Dipen Thapa

The state executive of Indian Polity is also a part of the political executive that comprises three important
posts:
1. Governor (Article 153-161)
2. Chief Minister & Council of Ministers (Article 164-167)
3. Advocate-General of State (Article 165 and 177)

Governor (Article 153-161)

Article 153: States that there shall be a Governor for each state. However, it also provides that nothing in
this article prevents the appointment of the same person as Governor for two or more states.
Governor Appointment
 The Governor is not directly elected by the people, nor is there an indirect election through a
specially constituted electoral college as with the President. Instead, under Article 155, the
President appoints the Governor through a formal warrant under his hand and seal.
 Furthermore, the Governor's appointment by the President of India follows the Canadian model,
in which the central government appoints the Governor of a province or state.

Governor Qualification
The Governor holds the supreme constitutional authority in the State and plays a central role in its
democratic framework. Article 157 specifies only two qualifications for a person to be appointed as
Governor. These are as follows:
 The individual must be a citizen of India.
 The individual must be at least 35 years old.
Conventions in Governor Appointment: Two conventions have emerged over time, though not
consistently followed:
o Independence from Local Influence: The Governor should ideally be from outside the
state to remain free from local political pressures.
o Consultation with the Chief Minister: The President should consult the state's Chief
Minister to ensure smooth constitutional functioning.

Governor Oath or Affirmation

Before assuming office, the Governor must make and subscribe to an oath or affirmation, pledging to
faithfully execute the office, to preserve, protect, and defend the Constitution and the law, and to dedicate
themselves to the service and well-being of the people of the state.
 This oath is administered by the Chief Justice of the High Court of the concerned state, or, if
unavailable, by the senior-most judge of that court.

Governor Immunities and Privileges

The Governor, like the President, is entitled to several privileges and immunities.
 He/She enjoys personal immunity from legal liability for official acts.
 During the term of the office, the Governor is immune from criminal proceedings, even for
personal actions, and cannot be arrested or imprisoned.

1
  However, civil proceedings can be initiated against the Governor for personal acts, provided a
two-month notice is given during their term in office.

Governor Terms of Office

A Governor holds office for a term of five years from the date they assume office, but this term is subject
to the pleasure of the President. The Governor can resign at any time by submitting a resignation letter to
the President.
 Transfer of Governor: The President can transfer a Governor to another state, reappoint them
after their term, or extend their tenure until a successor takes charge to prevent a vacancy.
 Removal of Governor: The Governor serves at the President's pleasure without security of
tenure, as the Constitution does not specify grounds for removal.

Governor Powers and Functions

The Governor's powers and functions are largely analogous to those of the President of India. However,
the Governor does not possess diplomatic, military, or emergency powers like the President.
 Executive Powers: The Governor has the authority to appoint key officials such as the Chief
Minister, ministers, the Advocate General, the State Election Commissioner, and the Chairman
and members of the State Public Service Commission while overseeing executive actions in
his/her name.
o Additionally, he/ she can create rules for state business, seek information from the Chief
Minister, and serve as the Chancellor of state universities.
o The Governor can recommend a constitutional emergency to the President and act as the
President's representative during the President's Rule.
 Legislative Powers: The Governor holds key legislative powers, including summoning or
proroguing the legislature, addressing sessions, and appointing presiding officers and nominated
members.
o Veto Power of Governor: Additionally, the Governor can exercise veto power over bills,
either assenting, withholding assent, returning them for reconsideration, or reserving
them for the President in certain cases.
 Financial Powers: The Governor oversees the state budget, approves money bills and grants, and
makes advances from the Contingency Fund.
o He/She also establishes a Finance Commission every five years to review the financial
position of panchayats and municipalities.
 Judicial Powers: The Governor has the power to grant pardons, reprieves, and commutations for
sentences related to state laws and is consulted by the President on the appointment of state high
court judges.
 Additionally, the Governor makes appointments, postings, and promotions of district judges in
consultation with the state high court and appoints other judicial officers in consultation with the
high court and the State Public Service Commission.

2
 Chief Minister and Council of Ministers (Article 164-167)
Article 163 establishes that the Council of Ministers, headed by the Chief Minister, is responsible for
aiding and advising the Governor in the exercise of most of the Governor's functions.

Chief Minister Appointment

 The Constitution provides no specific procedure for selecting or appointing the Chief Minister,
stating only in Article 164 that the Chief Minister is appointed by the Governor. The Governor
traditionally appoints the leader of the majority party in the legislative assembly as Chief Minister,
following parliamentary conventions.
 Absence of a Clear Majority: If no party has a clear majority, the Governor may use personal
discretion to appoint the leader of the largest party or coalition as Chief Minister and require a
confidence vote within a month.
 A person not yet a member of the state legislature can be appointed as Chief Minister but must
secure a legislative seat within six months to retain the position.

Appointment of Council of Ministers

The Chief Minister advises the Governor on the appointment of the Council of Ministers, meaning the
Governor can only appoint those individuals recommended by the Chief Minister. Ministers serve at the
discretion of the Governor.
While the Council of Ministers is typically appointed from the state legislature, either the legislative
assembly or council, a person who is not yet a member can also be appointed. However, such a minister
must join either House within six months, or he/she will lose ministerial position.
Terms of Office
 Before assuming office, the Chief Minister and Council of Ministers take oaths of office and secrecy
administered by the Governor.
 The terms of office of the Chief Minister and Council of Ministers are not fixed and depend on
maintaining the confidence of the legislative assembly.
 However, if this support is lost, the Governor may dismiss such Chief Minister and Council.

Chief Minister Powers and Functions

The powers and functions of the Chief Minister can be categorized into the following areas.
With Council of Ministers:
 The Chief Minister recommends ministers for appointment by the Governor and allocates or
reshuffles their portfolios.
 In case of disagreements, the Chief Minister can ask a minister to resign or advise the Governor to
dismiss him/her.

3
 The Chief Minister presides over council meetings, influences decisions, and guides, directs and
coordinates the activities of all ministers.
 The Chief Minister’s resignation or death leads to the collapse of the entire council of ministers,
while the resignation or death of other ministers only creates vacancies that the Chief Minister may
choose to fill.
With the Governor:
 The Chief Minister serves as the main communication link between the Governor and the Council of
Ministers. It is his duty to inform the Governor of all decisions made by the Council regarding state
administration and legislation, provide requested information, and submit matters for the Council’s
consideration if required.
 Additionally, the Chief Minister advises the Governor on the appointment of key officials, such as
the Advocate General, State Public Service Commission members, State Public Service Commission
members, and the State Election Commissioner.
With State Legislature:
 The Chief Minister advises the Governor on summoning or proroguing legislative sessions and can
recommend the dissolution of the legislative assembly at any time.
Other Powers and Functions:
 The Chief Minister also holds several key positions, including chairman of the State Planning Board
and rotating vice-chairman of the zonal council for one year.
 He serves as a member of the Inter-State Council and the Governing Council of NITI Aayog, both
led by the Prime Minister.

Council of Ministers Composition and Responsibilities

Council of Ministers, including the Chief Minister, cannot have more than 15 percent of the total strength
of the legislative assembly in a state. However, the number of ministers, including the Chief Minister,
must not be fewer than 12. This provision was introduced by the 91st Amendment Act of 2003.
Composition: The Constitution does not define the size or ranking of the state council of ministers; these
are determined by the Chief Minister based on the situation's needs. Similar to the Centre, the state
council consists of cabinet ministers, ministers of state, and deputy ministers, with differences in rank,
emoluments, and political significance.
Cabinet ministers lead key departments, attend cabinet meetings, and help shape policies.
Ministers of State may head departments or assist cabinet ministers without attending cabinet meetings.
Deputy ministers support cabinet ministers in various tasks but are not members of the cabinet.

4
 Advocate General 3.(Article 165 and 177)
This office is established under Article 165 of Chapter 2 in Part VI of the Indian Constitution.
Advocate General of State Appointment and Qualification
The Advocate General is appointed by the Governor and must meet the qualifications required for
appointment as a High Court judge. This includes being an Indian citizen and having either held a judicial
office for ten years or practiced as an advocate in a High Court for ten years.

Terms of Office and Removal

 The Constitution does not specify a fixed term for the Advocate General of a State, nor does it
outline procedures or grounds for removal. The Advocate General of State serves at the Governor's
pleasure, allowing the Governor to remove him/her at any time.
 Additionally, the Advocate General of State may step down by submitting a resignation to the
Governor.
 Traditionally, the Advocate General resigns when the government (Council of Ministers) resigns or
is replaced, as the appointment is made based on its recommendation.

Advocate General of State Duties and Functions

The Advocate General of the State has the right to appear before any court within the state while carrying
out official duties. As the chief legal officer of the state government, the Advocate General is responsible
for the following duties:
 Legal Advisor: Providing legal advice to the state government on matters referred to him by the
Governor.
 Other Legal Duties: Carrying out any other legal duties assigned to him by the Governor.
 Functions Conferred by the Constitution or Other Laws: Fulfilling functions conferred upon him
by the Constitution or any other law.

Rights of Advocate General of State

The Advocate General of the State is not a full-time legal representative (counsel) for the State
Government and is not classified as a government employee. Additionally, he/she is not prohibited from
engaging in private legal practice. Following are the rights of Advocate General of State:
 The Advocate General of the State has the right to speak and participate in the proceedings of both
Houses of the state legislature.
 He/She can also take part in any committee of the legislature to which he may be appointed as a
member.
 However, the Advocate General of State does not have the right to vote.
 Furthermore, he/she is entitled to all the privileges and immunities granted to members of the state
legislature.