September 3, 2020
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THE STATE EXECUTIVE

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The State Executive

Author – Taniya Tejan

INTRODUCTION

The state executive’s office represents the state’s executive branch. The state executives implement and enforce the laws and regulation which was made by state legislative. It consists of Chief Minister, the council of Minister and the governor. Under the Indian constitution article, 153 -166 of (Part -6) deals with the state executive.

 The Governor (Article 153)

The governor is the executive head of the state executive. And he acts on the advice of the council of ministers and all actions are taken on his name. The constitution-makers have taken this system from a parliamentary system of government in the state that is a copy of government at the union. There is only one difference between the president and governor that is the governor was not elected, directly or indirectly but he was appointed by the President of India and the other power and function of president of India and governor are similar but it runs at the state level.

Through the Constitution of 7th Amendment Act, 1956 there was adding a new provision which says that there shall be a governor has to be appointed for two or more states.

 Appointment, Tenure and Removal of Governor Article (155-160)

The president of India empowers to appoint a Governor for each state for a term of 5 years and with the effect of 7th constitution Amendment act, 1956 the same person can be appointed for two or more state. The president of India appoints a governor by warrant under his hand and a seal.

QUALIFICATION

  1. He must be a citizen of India.
  2. He must attain the age of 35 years.
  3. He must not belong to the state when he was appointed.

Tenure of Office

The governor holds his office for a term of five years from the date he enters the office. And he shall also hold office during the pleasure of the President or until his successor came to the office. The president has the power to remove the governor from his office or transfer him to another state whenever he feels necessary.

 Conditions of Governor’s office

  1. He shall not hold any office of profit.
  2. He shall be entitled to such allowance payable, emolument and privilege which are determined by Parliament by law. And such is specified in the second schedule.
  3. The above-mentioned allowance, emolument and privilege would not be diminished during his term of office.
  4. When the one governor serves the two or more states, then the emoluments are allocated among the state in such proportion as the President may determine.
  5. The Governor shall be entitled without payment of rent to the use of his official residence.

Power and its Function Article (161-162

As earlier said that the power and function are similar to the President of India. The power of the governor has been categorized into four heads.

  1. Executive Power
  2. Legislative power
  3.  Financial power
  4. Pardoning power

A. EXECUTIVE POWER

  1. The executive power of the Governor in state executive is similar to that of the president in the centre.
  2. He/she appoints the chief minister and other members of the council of ministers.
  3. The governor shall also appoint a person for an important post like chairman, member of state public service commission, advocate general of the states, state election commissioner and judges of courts below the high court.
  4. He is consulted when the judge of the high court is appointed by the president.
  5. All the decision of the executive is taken in the name of the governor. 
  6. The governor can also recommend the president for the imposition of a state emergency

B. LEGISLATIVE POWER

  1. The governor is an inseparable part of the state legislature.
  2. He has a right to summon and dissolve both the house of the state legislature.
  3. Ha has to make sure that the gap between two sessions of the house must be 6 months.
  4. He has to appoint/nominates 1/6th member to the legislative council.
  5. He also appoints one member from Anglo Indian Community to the legislative assembly.
  6. He has power regarding the ordinance but for certain limitation like he can promulgate an ordinance only with the regards to state list and concurrent list. The bill passed by the state legislature become law and act when the governor gives his assent to it.

C. Financial power.

  1. No money bill can be introduced without the recommendation of the governor.
  2. He ensures that the annual Finance statement of the state is presented by state finance minister before the state legislative.

D. Pardoning power

  1. The governor empowers under Article 161, to grant a pardon, reproves, respite or remission of permission or suspend any person convicted of any offence against any law which results in executive action.
  2. But he does not have the same power as the President does have to pardon a death sentence.
  3. And he also does not have power in respect to punishment by a court-martial like the President can do so.

THE COUNCIL OF MINISTERS Article (163-164)

The council of ministers is appointed by the governor on the advice of the chief ministers. There is a collective responsibility of council of ministers to the Legislative Assembly.

Numbers of ministers

The total number of minister including the chief minister, in the council of ministers in a state, shall not exceed 15% of the total number of the member of the legislative assembly of the state. The number of ministers including the chief ministers in a state and shall not be less than 12.

Term of Council of Ministers

  1. The council of ministers holds its office during the pleasure of the governor.
  2. It has no fixed tenure.
  3. It depends upon the majority members of the legislative assembly and if they lose the support of the majority then it has to resign.
  4. The governor may also remove a minister from the council of ministers on the advice of chief minister.

Appointment of Chief Minister

The Chief Minister is the executive head of the state executive. The governor appointed the Chief Minister. According to the convention, the governor appoints the leader of the party getting the majority in legislative as chief minister and if no party gets clear majority the governor may use his discretion to appoint chief Minister.

TERM OF CHIEF MINISTER’S OFFICE

  1. The chief minister holds office during the pleasure of the governor.
  2. He holds the office until he enjoys the confidence of the legislative assembly.
  3. He cannot be removed by the governor until he holds the confidence of the house.

POWER OF CHIEF MINISTER

  1. Governor Porogues and summons the state legislative in constitution with the chief minister.
  2. The chief minister advises the governor in choosing council of minister.
  3. The chief ministers advise and coordinate the work of the council of minister.
  4. The chief minister advice the governor in appointing the chairman of state PSCs, Advocate general, State Election Commission etc.

Advocate –General for the state( Article 165)

The governor of each state shall appoint a person advocate general for the state. He was the highest law officer in the state. He protects the interest of the state government.

QUALIFICATION

  1. He must be qualified to be appointed as a judge of the high court.
  2. He must be a citizen of India.
  3. He shall have held a judicial office for ten years or has been an advocate of a high court for 10 years.

Conclusion

The state executive implements the law at the state level. The Constitution of India helps to distribute the power equally between the governor, the council of minister, Chief Minister to maintain the balance in a state and also check the functioning of the different types of machinery working for the state. The council of the minister and chief minister helps to advise the governor to work properly at the state level.

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