Module IV-

Part I
State Executive
Governor, Chief Minister, Council of
Ministers, and Advocate-General of State
Governor
 Governor is a titular head or constitutional
head
 He is the agent of the centre as the union

government nominates Governor in each

state
 Governor is a nominal executive head of

the state
 President appoints Governor for each state
 There can be the same governor for two or
more states as provided by 7th
Constitutional Amendment Act, 1955
 The nomination of a governor by the Union and his

appointment by the President in India is based on the

Canadian model of government
 Term
 5 Years
 Governor holds the office under the pleasure of the

President
 Qualifications
 He should be an Indian Citizen
 He should be 35 years old or more
 There are two conventions
 that person is not appointed as the governor who

belongs to the state. He shall be an outsider having

no relation with the state he is being appointed to.
 Chief Minister to be consulted by the President

before appointing a governor

Powers and Functions

 Executive Powers
 Every executive action that the state government takes, is to
be taken in his name.
 Chief Ministers and other ministers of the states are appointed

by him.
 He appoints the advocate general of states and determines

their remuneration
 He appoints the State Election Commissioner ,Chairman and

Members of the State Public Service Commission ,Vice-

Chancellors of the universities in the state
 He seeks information from the state government
 A constitutional emergency in the state is recommended to the

President by him
 The governor enjoys extensive executive powers as an agent

of the President during the President’s rule in the state.

 Legislative Powers
 It’s in his power to prorogue the state legislature and dissolve
the state legislative assemblies
 He addresses the state legislature at the first session of every
year
 He addresses the state legislature at the first session after a
general election
 If any bill is pending in the state legislature, Governor may/may
not send a bill to the state legislature concerning the same
 If the speaker and Deputy Speaker of the legislative assembly is
absent, then Governor appoints a person to preside over the
session
 Governor appoints ⅙ of the total members of the legislative
council from the fields of: Literature, Science, Art, Cooperative
Movement, Social Service
 A bill becomes an Act only with the assent of the Governor
 With respect to the bill introduced in the state legislature, he can:
◦ Give his assent
◦ Withhold his assent
◦ Return the bill
◦ Reserve the bill for the President’s consideration (In instances
where the bill introduced in the state legislature endangers the
position of state High Court.)

 He can promulgate an ordinance when either the Legislative
Assembly or Council (Unicameral/Bicameral) are not in
session
 following reports are laid by him: State Finance Commission ,

State Public Service Commission, Comptroller and Auditor

General (Concerning the state finance)
 Financial Powers
 He looks over the state budget being laid in the state
legislature
 His recommendation is a prerequisite for the introduction of

money bill in the state legislature

 He recommends for the demand for grants which otherwise

cannot be given
 Contingency Fund of State is under him and he makes

advances out that to meet unforeseen expenditure

 State Finance Commission is constituted every five years by

him
 Judicial Powers
 He has the following pardoning powers against punishment

to the extent where State law extends -Pardon,

Reprieve ,Respite , Remit , Commute
 President consults the Governor while appointing judges of

High Court
 In consultation with the State High Court, Governor makes

appointments, postings, and promotions of the district judges

 In consultation with the state high court and state public

service commission, he also appoints persons to the judicial

services.
 Discretionary Powers
 It is categorized into two parts : Constitutional

& Situational
Constitutional Discretion
 When they have to reserve the bill for the consideration

of the President of India, Governors can decide on their

own without the advice of the Council of Ministers
 When he has to recommend for the President’s rule in the

state, he can act at his own discretion

 When he is given an additional charge as the administrator of
the Union Territory, he can take actions at his own discretion
 When he has to determine the amount payable by the

Government of Assam, Meghalaya, Tripura, and Mizoram to

an autonomous Tribal District Council as royalty accruing
from licenses for mineral exploration
 When he calls upon the Chief Minister to seek information

regarding administrative and legislative affairs

 Article 371 of the Constitution includes “special provisions”
for 11 states,
 When he has to establish separate development boards for

Vidarbha and Marathwada in Maharashtra

 When he has to establish separate development boards for

Saurashtra and Kutch in Gujarat

 With respect to law and order in the state for so long as the

internal disturbance in the Naga Hills–Tuensang Area

continues in Nagaland
 With respect to the administration of tribal areas in Assam
 Regarding the administration of the hill areas in Manipur

 For peace and social and economic advancement of the

different sections of the population in Sikkim

 With respect to law and order in Arunachal Pradesh

 When he has to establish separate development boards for the

Hyderabad-Karnataka region in Karnataka

 Situational Discretion
 When he has to appoint a Chief Minister after no

party has a clear majority in the election or when

the incumbent dies in the office
 When he dismisses the council of ministers on an

inability to prove confidence in the state

legislative assembly
 When he dissolves the state legislative assembly

on time when it loses its majority

Constitutional Position
 Article 154 he is the executive head of the state
 All the executive functions will be performed by him or by the
officers subordinate to him in accordance with the
Constitution
 Council of Ministers are collectively responsible to the state
legislative assembly
 He will be aided and advised by the Chief Minister and
Council of Ministers unless he is performing a function at
his discretion
 The power to act at his own discretion is a power that is not
given to the President.
 42nd Amendment Act made the advice of the Council of
Ministers’ binding on the President but not on the Governor in
state
 Governor’s discretion is constitutionally valid.
 Governor is not bound by the advice of a council of ministers
when there is any action taken at his discretion
Chief Minister
 Chief Minister is called the head of the State government
 Chief minister is the real executive of the government.
 Leader of the party that has got the majority seats in the
Legislative Assembly elections
 He recommends to the governor on who to appoint as
ministers
 He designates or reshuffles the portfolios of the ministers
 He can ask a minister to resign
 Meeting of the council of ministers is headed by him
 All activities of the ministers are guided and controlled by the
Chief Minister
 If he resigns or dies , the entire council of ministers collapses.
 Chief Minister is the link between the Council of Ministers
and the Governor
 All the activities, decisions that are taken up by the council of
ministers are communicated to the governor by the chief
minister
 Chief Minister has to report to the governor, information about
the administrative affairs if and when asked
 If any minister has decided on any issue, which has not been
considered by the council Governor can ask the Chief
Minister to place the same before the Council of Ministers
 He gives his advice to the governor for the appointment of the
following persons Advocate-General , Chairman and Members
of State Public Service Commission,the State Election
commission, etc
 Chief Minister decides the size and the rank of the
ministers as per the requirement in the State Legislature
 91st Amendment Act 2003 15%of the strength of the state

legislative Assembly
 three categories of Ministers in Council of Ministers:

Cabinet Ministers , Ministers of State , Deputy Ministers

 Article 164 mentions that the council of ministers are

collectively responsible to the state legislature.

 This means that all the ministers own joint responsibility

to the legislative assembly for all their acts of omission and

commission.
 Governor prorogues and summons the sessions of the state
legislature on the advice of the Chief Minister
 Legislative Assembly can be dissolved at any time on the
recommendation of the Chief Minister by the governor
 All government policies are announced by him on the floor of
the house
 When the legislative assembly passed a no-confidence motion
against the council, all the ministers of the council have to
resign including those belonging to Legislative Council too
 Member of Inter State Council, NITI Aayog
Advocate General (Article
165)
 An advocate general of a state is a senior officer of the law
 An advocate general is a legal advisor to the State
Government
 Citizen of India
 Advocate of a High Court for 10 years or
 held a Judicial office for 10 years
 Term is not fixed by the Constitution
 Holds office during the pleasure of the Governor