General Awareness The State Executive

State Government

- In India, the state governments are the level of government below the central government.
- India is a Sovereign Socialist Secular Democratic Republic with a Parliamentary system of government.
- The Republic is governed in terms of the Constitution. Sovereignty is shared between the centre and the state government, but the central government is given greater powers.
- The State resembles the federal system.
- In the states, the Governor is the head of Executive, but real executive power vests with the Chief Minister who heads the Council of Ministers.

Governor

- The Governor is the head of a state just like the President is the head of the republic.
- The Governor is the nominal head of a state, while the Chief Minister is the executive head.
- All executive actions of the state are taken in the name of the Governor, but in reality he merely gives his consent to the various executive actions. He or she is actually devoid of taking any major decisions.
- The actual powers in the executive affairs of a state rest with the Chief Minister and the Council of Ministers.
- According to an amendment in the Constitution of India (1956), the same person can be the Governor of two or more states.
- Besides governors in the states, Lieutenant governors are appointed in Union Territories of Delhi, Andaman Nicobar Island and Pudducherry. While all the other union-territories are governed by an Administrative Head (an IAS officer), where Chandigarh being the only exception - the governor of Punjab is also the Lieutenant governor of Chandigarh.
- The Lieutenant Governor of a union-territory as well as the Governor of a State are appointed by the President of India for a term of 5 years.

Qualification

Under Article 157 and 158, the Constitution lays down the following qualifications for the Governor's office:
- He/she must be a citizen of India.
- He/she must have completed 35 years of age.
- He/she should not be a number of either House of Parliament or State Legislature.
- He/she shall not be a member of House of Legislative Assembly or Legislative Council.
- He/she must not hold any other office of profit.
- He/she can use his official residence (Raj Bhawan) without payment.

Oath

- His oath is administered by the Chief Justice of the concerned State High Court and in his absence, the senior most judge of that court.
- Before entering upon his office, the governor needs to subscribe to an oath to faithfully execute his office and to “preserve, protect and defend” the Constitution, much like President.

Tenure

A governor of a state in India holds office for a period of five years, but it is subject to termination earlier if:
- The Governor is dismissed by the President, at whose pleasure he holds the office.
- In reality, the President is advised by the Prime Minister of the country, who decides the dismissal of the Governor of a state, usually on the grounds of gross delinquency namely corruption, bribery, and violation of the Constitution.
- The Governor resigns from his post.
- There is no retirement age of the Governor, as he or she stays in office for a fixed term.
- Also, there is no provision for a Governor to be impeached from office, unlike that of a President.

Powers and Functions of Governor Executive Powers

The executive power of the state shall be vested with the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution. These powers are as follows:
- All executive actions of the Government of a State are formally taken in his name.
- He can make rules for more convenient transaction of the business of a State Government.
- He appoints the Advocate General of a State, State Election Commissioners, Chairman, Members of the State Public Service Commission, and VCs of Universities.
- He can seek any information relating to the administration of the affairs of the state and proposals for legislation from the Chief Minister.

Legislative Powers

- As the Governor is said to be a part of the State Legislature, he has the right of addressing and sending messages, summoning, deferring and dissolving the State Legislature, just like the President has, in respect to the Parliament.
- Although these are formal powers, in reality, the Governor must be guided by the Chief Minister and his Council of Ministers before making such decisions.
- The Governor lays before the State Legislature, the annual financial statement and also makes demands for grants and recommendation of ‘Money Bills’.
- The Governor inaugurates the state legislature and the first session of each year, by addressing the Assembly, outlining the new administrative policies of the ruling government.
- The Governor constitutes the State Finance Commission. He also holds the power to make advances out of the Contingency Fund of the State in the case of any unforeseen circumstances.
- All bills passed by the Legislative Assembly become a law, only after the Governor approves them. In case it is not a money bill, the Governor holds the right to send it back to the Vidhan Sabha for reconsideration. But if the Vidhan Sabha sends back the Bill to the Governor the second time, then he has to sign it.
- The Governor has the power to promulgate an ordinance when the Legislative Assembly is not in session, and a law has to be brought into effect immediately. However, the ordinance is presented in the state legislature in the next session, and remains operative for a total of six weeks, unless it is approved by the legislature.

Financial Powers

- State budget is laid before the State Legislature.
- He constitutes a Finance Commission after every 5 years to review the financial position of the Panchayats and the municipalities.

Judicial Powers

- The Governor can grant pardons, reprieves, respites or remission of punishments.
- He can also suspend, remit or commute the sentence of any person convicted of an offence against the law.
- The Governor is consulted by the President in the appointment of the Chief Justice to the High Court of that particular state.

Emergency Powers

- The Governor has no emergency power to counter external aggression or armed rebellion.
- He reports to the President if the State Government is not running constitutionally and recommends to the Union Government, President's (Article 356) rule.
- In case no political party bags a majority in the Vidhan Sabha of the state, the Governor holds the power to use his discretion to select the Chief Minister.
- When President's rule comes into force in any slate, the Governor runs the state with the help of advisers on behalf of the President. The Governor, in such circumstances, overrides the advice or functions of the Council of Ministers, and directs upon himself, the workings of the state.

Chief Minister

- According to the Indian Constitution, the elected head of the council of ministers in a state is the Chief Minister (CM).
- Although, the Governor is the official 'head of the state', yet it is the Chief Minister who is vested with the 'de facto' executive powers.
- Chief Minister is the real head of a state, unlike the Governor, who is the ceremonial head.
- CM who oversees the day-to-day functioning of the state government.
- In the everyday administration, the CM is assisted by the council of ministers, which consists of cabinet ministers, deputy ministers and others.

Appointment

- Article 164, says that Chief Minister shall be appointed by the Governor.
- The CM is appointed as well as sworn in by the Governor.
- This does not mean that the Governor is free to appoint anyone as the Chief Minister.

Oath, Term, and Salary

- The term of the CM is not fixed and he holds office during the pleasure of the Governor.
- However, this does not mean that the Governor can dismiss the CM at any time. He cannot be dismissed by the Governor as long as he enjoys the majority support in the Legislative Assembly. But, if he loses the confidence of the assembly, he must resign or the Governor can dismiss him.
- The salary and allowances of the Chief Minister are determined by the State Legislature.
- The salary of Chief Minister of a state in India, like that of the prime minister of the country, is accompanied by a number of other allowances, besides the basic pay, such as constituency allowances, sumptuary allowances (tax free), and daily allowances.
- The salary of the CM is decided by the respective state legislatures in the country, as per Article 164 of the Indian Constitution. Thus it varies from one state to another.

 
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