(Indian Polity) Government of The State (The State Executive, The Governor, Powers & Functions)

GOVERNMENT OF THE STATE


  • The State Executive
  • The Governor
  • The Council of Ministers and Chief Minister
  • Advocate General
  • The State legislature

http://www.iasplanner.com/civilservices/images/indian-polity.pngTHE STATE EXECUTIVE


The Constitution makers had decided to adopt the same pattern of Parliamentary System of Government in the States, i.e. a replica of Government at the Union. The only difference in this model is that the Constitutional head of the government in the state i.e the governor is not elected , either directly or indirectly, rather he is appointed by the President. This has been done in order to maintain the unitary spirit of the federation that is Union of India alive. Part VI of the Constitution containing Articles 153 to 167 deals with the government in the States, expect in the state of Jammu & Kashmir. The state executive consists of the Governor, the chief Minister, the Council of Minister and the Advocate General of the state. Jammu and Kashmir related provisions are dealt with in Article 370, under the Part XXI titled Temporary, Transitional and Special Provisions.

IMPORTANT ARTICLES


Articles

Provisions

Article 153 – 162

The Governor

Article 163 – 164

Council of Ministers

Article 165

Advocate General for the State

Article 166 – 167

Conduct of government bussiness

THE GOVERNOR


Constitutional Position: The Governor is the constitutional head of the State Government. He plays a twofold function as the constitutional head of the State Government and as a link between the centre and the state government. As the executive head of a state, the Governor acts according to the advice of the Council of Ministers of State. All executive actions of the State are formally taken in the name of the Governor. As a nominee of the President, the Governor represents the Centre in the State and the he works as a channel of communication and contact between the State and the Centre. . It is his duty to keep the centre informed of the affair of the State. The Governor also exercise his discretionary powers as the constitutional head of the Government, independent of his relations with Council of Ministers in the State and the Union government.

IMPORTANT ARTICLES RELATED TO GOVERNOR


Articles

Provisions

Articles 153

Governors of State

Articles 154

Executive power of state

Articles 155

Appointment of Governor

Articles 156

Term of office of Governor

Articles 157

Qualifications for appointment as Governor

Articles 158

Conditions of Governor’s office

Articles 159

Oath or affirmation by the Government

Articles 160

Discharge of the functions of the Governor in certain contingencies

Articles 161

Power of governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

APPOINTMENT OF GOVERNOR


The Governor of a State is appointed by the President by warrant under his hand and seal. Articles 153 says that three should be a should be a Governor for each state. But under the 7th Amendment Act, 1956, the same person can be appointed as Governor of one or more States. When he discharges the responsibilities of more than one state, he acts on the advice of the Council of Ministers of the respective states.

Qualifications: In order to be appointed as Governor, a person:

1.must be a citizen of India; and
2.must have completed the age of 35 years.

In addition, three are two conventions that have come to develop with regard to appointment of the Governor. They are
1.Must not belong to the state where he is appointed and
2.Consult the Chief Minister of the state where to be appointed

Term of Office


He normally holds office for five year but can be removed at any time before that by the President i.e. the Governors remain in office during the pleasure of the President. Thus he is a nominee of the Union Government. He may be asked to continue beyond the normal five years, until his successors enters upon his office. The Governor can also be transferred from one state to another by the President. The Governor may resign at any time by writing to the President. In a contingency for which the constitution makes no provision, such as death of the Governor, the President may make such provisions as he think fit for discharge the functions of the Governor of a State (Article 160). The Rajasthan High Court has held that the Chief Justice of the High Court can be asked temporarily to discharge the functions of the Governor of the State, where he can act as the Acting Governor of the State.

Conditions of Governor’s Office


1.The Governor cannot be a member of Parliament or of a State Legislature and if a person is such a member at the time of the appointment as Governor, his seat in Parliament or the State Legislature, as the case mat be, will become vacant on the date on which he assumes office as governor

2. The Governor cannot hold any other office of profit during the term of his offices.

3.He is entitled without payment of rent to the use of his official residence.

4.He is also entitiled to such emoluments, allowances and privileges as may be determined by the Parliament.

5.Where the same person is appointed Governor of two or more States, his emoluments are allocated amongst the States in such proportion as the President may determine.

6.His emoluments and allowances should not be diminished during his term of office.

7.Before entering upon his office, the Governor has to make and subscribe to an oath or affirmation by the Chief justice of the concerned state High Court and in his absence, the senior-most judge of that court available.

Salary


He draws a salary of Rs. 1,10,000 per month and is entitled to a rent-free official residence and other allowances. His salary and allowances are charged on the Consolidated Fund of the State and is not subject to the vote of the State Legislature.

Immunities to Governor


The Constitution grants certain immunities to a Governor, such as:

1.Article 361 says that a Governor shall not be answerable to any Court for the exercise and performance of the powers and duties of his office or for any act done orpurporting to be done by him in the exercise and performance of the power and duties.

2.No criminal proceedings can be instituted or continued in any court against a Governor during his term of office. Similarly, no process for the arrest or imprisonment of a Governor can be issued from any court during his term of office.

3.Civil proceedings against a Governor in which relief is claimed, can be instituted in a court while the Governor is in his office, only after two months from the date on which due notice has been given to him in writing regarding full details of the said proceedings.

POWERS AND FUNCTIONS OF THE GOVERNOR


The Constitution confers on the Governor quite a large number of powers which may be grouped under five heads:

I. Executive powers: The Executive power of the State is vested in the Governor. It is exercised by him directly or through officers subordinate to him in accordance with the Constitution. The executive power of the State extends to all matters on which the State Legislature has the power to make laws. In case of matters specified in the Concurrent List, the executive powers of the Governor are subject to the executive power of the President.

1. All executive action of the State Government are taken in his name.

2. The Governor is authorized to make rules regarding the way in which orders and instructions made and executed in his name are to be authenticated.

3.He also makes rules for the convenient transaction of the business of the Government and for its allocation amongst the ministers.

4. In the States of Jharkhand, Madhya Pradesh, Chhattisgarh and Orrisa (94thAmendment Act, 2006), it is the special responsibility of the Governor to see that a Minister is placed in charge of trible welfare.

5. In Assam, the Governor is given certain special powers with respect to the administration of the tribal areas as provided in the Sixth Schedule of the Constitution.

6. The Governor has vast powers of appointment and patronage. He appoints the Chief Minister and on his advice the other Minister. He also appoints the Advocate- General of the State and the members of the State Public Service Commission, through the latter cannot be removed by him. They can be removed by the President on the report of the Supreme Court and, in some cases, on the happening of certain disqualification.

7. He also appoints the State Election Commission (Article 243K) and the State Finance Commision (243K).

8. He has the right to be kept informed about the affairs of administration and proposals for legislation. He may call for any information from the chief Minister in this connection.

9. He sends report to the President, along with his recommendations regarding the breakdown of constitutional machinery and imposition of Presidents Rules in a State.

10. The Governor also acts as the Chancellor of States Universities.

11. The Minister hold office during the pleasure of the Governor.

12. He can submit for the consideration of the Council of Ministers any matter which in his opinion requires reconsideration by it.

13. It is the duty of the Chief Minister to communicate to the Governor all decision of the Council of Ministers relating to the administration of the State and proposals for legislation and to provide such information as the Government may call for.


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