The Executive of the Constituent State

The Executive of the Constituent State

Introduction

Articles 153 to 167 in Part VI of the Indian Constitution deals with the State Executive. The same pattern of parliamentary form of government is followed in the states. The State Executive consists of the Governor, the Council of Ministers headed by the Chief Minister. At the head of the executive power of a State is the Governor just as the President stands at the head of the executive power of the Union. All states of the Indian Union have the same pattern of government. Some States have Bicameral legislature and some states have unicameral legislature.

Part VI of the Constitution which deals with the government in the states, is not applicable to the state of Jammu and Kashmir, which enjoys a special status and has a separate constitution of its own (Article 370).

The State Executive

·           The Governor.

·           The Council of Ministers Headed by the Chief Minister.

1. The Governor

Provision for Governor

Article 153 of the Constitution lays down that there shall be a Governor for each state. Normally, there will be a Governor for each state but the constitution amendment of 1956 makes it possible to appoint the same person as the Governor for two or more states.

Debate : What happens if the President and the Prime Minister disagree about some policy? Whose view would prevail and why?

Appointment of the Governor

The Governor of a state is appointed by the President of India. (Article155). NO person shall be appointed as a Governor unless he/she:

·           is a citizen of India

·           has completed the age of 35 years

·           does not hold any other office of profit

·           is not a member of parliament or state legislature

Term of Office and Position

The prescribed term of office for the Governor is 5 years. But he holds office at the pleasure of the President. (Article 156). He may be removed by the President at any time. He may be transferred by the President from one state to another too. The Governor draws a salary which is fixed by the parliament. He is also entitled to certain allowances and benefits.

As per the Constitution of India, the Governor is the constitutional and executive head of the State. The executive power of the State is vested with the Governor. All executive actions are carried on in the name of the Governor. In actual practice, the real executive powers of the State lie with the Council of Ministers headed by the Chief Minister. The Governor acts according to the advice of the Council of Ministers, who are collectively responsible to the Legislative Assembly of the State.

Activity

·            Who is a Lieutenant Governor?

·            Find out which places in India possess a lieutenant Governor?

·            Write two or three sentences about the lieutenant Governors of India.

The Governor of a State has more powers and performs a number of functions.

The powers and functions of the Governor are:

1. Executive Powers

(i) The Governor is the executive head of the State Government. The executive powers of the Governor are to be exercised by him either directly or through officers subordinate to him (i.e., Ministers). (Art. 154). All executive actions are taken in his name. His executive powers extend to the administration of all matters included in the State List.

(ii) The Governor appoints the leader of the majority party in the legislative assembly as the Chief Minister. He appoints the other ministers of the Council of Ministers according to the advice of the Chief Minister. The Council of Ministers hold office during the pleasure of the Chief Minister because the Governor acts in accordance with the advice of the Chief Minister.

(iii) The Governor appoints the Advocate General of the State, the chairman and members of the State public service commission, and determines the questions of appointments, postings, promotions, etc. of the judges of subordinate courts.

(iv) The Governor is responsible for the smooth running of the administration of the State. In case he finds that the constitutional machinery of the State has broken down or the administration of the State cannot be carried on in accordance with the provisions of the constitution, he may recommend to the President to proclaim constitutional emergency and impose President’s rule under Article 356. During the President’s rule, as there is no Council of Ministers, the Governor carries on the administration of the State on behalf of the President.

2. Legislative Powers

The Governor is a part of the State Legislature (Article 168). So, he has legislative powers. His legislative powers cover the following

i) He summons prorogues and dissolved the legislative assembly.

ii) He addresses the members of the State Legislature.

iii) Without the Governor’s assent, no Bill can become law even after it is passed by both the houses. The Bills passed by the legislature are sent to the Governor for his assent. He may give his assent or withhold it or may reserve the bill for the consideration of the President. The bills maybe returned by the Governor for reconsideration. (It may be noted that if the bill is again passed by the legislature with or without amendments, the Governor has to give his assent.)

iv) Under Article 213, the Governor may promulgate ordinance during the period when legislature is not in session. (However, for the continuation of such an ordinance, it has to be approved by the State Legislature within six weeks from the re-assembly of the legislature.)

v) In State where bicameral legislature exists: The Governor nominates one-sixth of the members of the legislative council from among persons having special knowledge or practical experience in respect of literature, science, art, co-operative movement or social service. He may also nominate a person from the Anglo-India community to the legislative assembly.

3. Financial Powers

The Governor has financial powers. His financial powers cover the following:

(i) The finance minister submits the budget or financial statement before the legislature. But no money bill can be introduced in the legislative assembly without the prior permission of the Governor.

(ii) NO demand for grants can be made without the recommendation of the Governor.

(iii) The Governor is the custodian of the contingency funds of the State from where he can make payments to meet the emergency without the prior sanction of the legislature.

4. Judicial Powers

The Governor has judicial powers. His judicial powers cover the following:

(i) He determines the questions of appointments, postings, promotions, etc. of subordinate courts (ie., district courts and munsiff courts).

(ii) He may be consulted by the President of India, while making appointments of the judges of the high court.

(iii) The Governor has the power to pardon, suspend, remit or commute the sentence of any person convicted of an offence against any law relating to a matter to which the executive power of the State extends.

5. Discretionary Powers

The Governor also has discretionary powers, i.e., he has the powers to act independently using his wisdom and discretion. His discretionary powers relate to:

(i) Appointing a new Chief Minister in a situation where no single party or leader commands majority support.

(ii) Dismissing a ministry where it refuses to resign even after losing majority support in the house or after being defeated on a non-confidence motion.

(iii) Dissolution of assembly on the advice of a Chief Minister who has lost majority support.

(iv) Sending to the President report about the failure of constitutional machinery and to impose President’s rule in the State.

(v) Giving assent to bills passed by the legislature.

President’s Rule: The Governor has no emergency powers to meet the situation arising from external aggression or armed rebellion but he has the powers to make a report to the President that the government of the state cannot be carried on in accordance with the provisions of the Constitution (Article 356), thereby inviting the President to assume to himself in the functions of the government of the state or any of them.

Advocate General

Each state has an advocate general who is an official corresponding to the Attorney-General of India and having similar functions for the state. He is a person who is qualified to be a judge of a High Court and he is appointed by the Governor.

Activity

Compare the powers of President and Government. Do you find any difference?

2. Council of Ministers headed by the Chief Minister

Position of the Chief Minister

The Chief Minister is the head of the Cabinet and the Council of Ministers. In practice, he is the real executive head of the State. As per Article 164(1) of the Constitution of India, the Chief Minister of a State shall be appointed by the Governor of the State.

Powers and Functions of the Chief Minister

As the real executive head of the State, the Chief Minister enjoys wide powers and performs a number of functions. The important powers and functions of the Chief Minister are:

i) As the head of the Council of Ministers, the Chief Minister has more powers in ministry-making. He can recommend appointment of ministers and designate them as Cabinet Ministers or Ministers of State or Deputy Ministers. He can change the portfolios of the ministers. He can even recommend the removal of ministers.

ii) He presides over the meetings of the Cabinet and makes major policy decisions of the Government.

iii) He acts as the sole channel of communication between the Council of Ministers and the Governor. He communicates to the Governor all the decisions of the Cabinet relating to administrative and legislative proposals.

iv) He scrutinizes all papers, bills, resolutions, etc. that are to be placed before the legislature.

v) Though, in theory, all major appointments are made by the Governor, in practice, all such appointments are actually made on the advice of the Chief Minister.

State Council of Ministers

Introduction

Article 163(1) of the Constitution of India provides that there shall be a Council of Ministers headed by the Chief Minister to aid and advise the Governor in the exercise of his functions except when he is required by the Constitution to act in his discretion.

The State Council of Ministers is formed in the same manner as the Union Council of Ministers is formed. The leader of the majority party or coalition of parties in the legislative assembly is appointed as the Chief Minister by the Governor. The other ministers in the Council of Ministers are appointed by the Governor on the advice of the Chief Minister.

Activity

Make a list of the Chief Ministers of Tamil Nadu.

Bring out the welfare schemes introduced by them.

Write a few sentences of your favourite Chief Minister.

Make a collage of the welfare schemes which were introduced especially for women in your state.

Term of Office of the Council of Ministers 

As per the Constitution, the Council of Ministers hold offi ce during the pleasure of the Governor. But, in reality, the Council of Ministers hold offi ce during the pleasure of the Chief Minister because the Governor acts on the advice of the Chief Minister. The Council of Ministers are individually responsible to the Chief Minister. The Council of Ministers are collectively responsible to the Legislative Assembly of the State. That means, the Council of Ministers shall speak in one voice.

The State Cabinet

The Council of Ministers consists of Cabinet Ministers, Ministers of State and Deputy Ministers. Of the Council of Ministers, the Cabinet Ministers Constitute the State Cabinet. The Cabinet Ministers of the State Cabinet are, generally, the prominent ministers of the Council of Ministers. It is headed by the Chief Minister. The Cabinet takes decisions on behalf of the Council of Ministers, and so, all the ministers are bound by the decisions of the Cabinet.

Creativity !

Give a pictorial representation of the collective responsibility of the State Council of Ministers

Debate

Debate !!

Chief Secretary Vs Cabinet Secretary

Discuss….

The similarities and differences between Chief Secretary and Cabinet Secretary.