Contents
Qualifications to be a
Governor:
Condition’s of Governors
office:
Powers and Functions of
Governor
Powers and Functions of
Chief Minister:
Article 163—Council of
Ministers to aid and advice Governor
Article 167—Duties of
Chief Minister
Organisation of state
legislature:
Reservation of seats for
SCs and STs:
Vacation of Seats of
member of state legislature
Presiding officer of
State Legislature:
Chairman of Legislative
council:
Deputy Chairman of
Legislative council:
Vacation of seat of
Speaker, Deputy Speaker, Chairman and Deputy Chairman:
Rights of Ministers and
Advocate General:
Articles 153 to 167 in Part VI of the Constitution deal with
the state executive. The state executive consists of the governor, the chief
minister, the council of ministers and the advocate general of the state.
The governor is appointed by the president of India. The governor
is the chief executive head of the state.The governor also acts as an agent of
the central government. Therefore, the office of governor has a dual role.
·
He should be a citizen of
India.
·
He should have completed
the age of 35 years.
·
He must not hold any
office of profit.
·
He should not be a member
of either House of Parliament or a House of the state legislature. If any such
person is appointed as governor, he is deemed to have vacated his seat in that
House on the date on which he enters upon his office as the governor.
·
He should not hold any
other office of profit.
·
He is entitled without
payment of rent to the use of his official residence (the Raj Bhavan).
·
He is entitled to such
emoluments, allowances and privileges as may be determined by Parliament.
·
When the same person is
appointed as the governor of two or more states, the emoluments and allowances
payable to him are shared by the states in such proportion as determined by the
president.
·
His emoluments and
allowances cannot be diminished during his term of office.
Oath:
The
oath of office to the governor is administered by the chief justice of the
concerned state high court and in his absence, the senior-most judge of that
court available.
Term: A governor holds office for a term of five years from the date on
which he enters upon his office. However, this term of five years is subject to
the pleasure of the President. Further, he can resign at any time by addressing
a resignation letter to the President. The Constitution does not lay down any
grounds upon which a governor may be removed by the President.
Note: The normal tenure of a governor is five years.
Executive powers:
1. All
executive actions of the government of a state are formally taken in his name.
2. He
appoints the chief minister and other ministers. They also hold office during
his pleasure.
3. He
appoints the advocate general of a state and determines his remuneration. The
advocate general holds office during the pleasure of the governor.
4. He
appoints the state election commissioner and determines his conditions of service
and tenure of office. However, the state election commissioner can be removed
only in like manner and on like grounds as a judge of a high court.
5. He
appoints the chairman and members of the state public service commission.
However, they can be removed only by the President and not by a governor.
6. He
can recommend the imposition of constitutional emergency in a state to the
president. During the period of President’s rule in a state, the governor
enjoys extensive executive powers as an agent of the President.
7. He
acts as the chancellor of universities in the state. He also appoints the
vice-chancellors of universities in the state.
Legislative powers:
1.
He can summon or prorogue
the state legislature and dissolve the state legislative assembly.
2.
He can address the state
legislature at the commencement of the first session after each general
election and the first session of each year.
3.
He can appoint any member
of the State legislative assembly to preside over its proceedings when the
offices of both the Speaker and the Deputy Speaker fall vacant. Similarly,
he can appoint any member of the state legislature council to preside over its
proceedings when the offices of both Chairman and Deputy Chairman fall vacant.
4.
He nominates one-sixth of
the members of the state legislative council from amongst persons having
special knowledge or practical experience in literature, science, art,
cooperative movement and social service.
5.
He can nominate one member
to the state legislature assembly from the Anglo-Indian Community.
6.
When a bill is sent to the
governor after it is passed by state legislature, he can:
Give his assent to the bill, or Withhold his assent to the bill, or Return the
bill (if it is not a money bill) for reconsideration of the state legislature. However,
if the bill is passed again by the state legislature with or without
amendments, the governor has to give his assent to the bill, or reserve the
bill for the consideration of the president.
7.
He can promulgate
ordinances when the state legislature is not in session.
8.
He lays the reports of the
State Finance Commission, the State Public Service Commission and the
Comptroller and Auditor-General relating to the accounts of the state, before
the state legislature.
Financial powers:
1.
He makes the state budget
to be laid before the state legislature.
2.
Money bills can be
introduced in the state legislature only with his prior recommendation.
3.
No demand for a grant can
be made except on his recommendation.
4.
He can make advances out
of the Contingency Fund of the state to meet any unforeseen expenditure.
5.
He constitutes a finance
commission after every five years to review the financial position of the
Panchayats and the municipalities.
Judicial powers:
1. He
can grant pardons, reprieves, respites and remissions of punishments or
suspend, remit and commute the sentence of any person convicted of any offence
against any law relating to a matter to which the executive power of the state
extends.
2. He
is consulted by the President while appointing the judges of the concerned
state high court.
3. He
makes appointments, postings and promotions of the district judges in
consultation with the state high court.
4. He
also appoints persons to the judicial service of the state (other than district
judges) in consultation with the state high court and the State Public Service
Commission.
|
Article No. |
Subject-matter |
|
153 |
Governors of states |
|
154 |
Executive power of state |
|
155 |
Appointment of Governor |
|
156 |
Term of office of Governor |
|
157 |
Qualifications for appointment as Governor |
|
158 |
Conditions of Governor’s office |
|
159 |
Oath or affirmation by the Governor |
|
160 |
Discharge of the functions of the Governor in certain
contingencies |
|
161 |
Power of the Governor to grant pardons and others |
|
162 |
Extent of executive power of state |
|
163 |
Council of ministers to aid and advise the Governor |
|
164 |
Other provisions as to ministers like appointments,
term, salaries, and others |
|
165 |
Advocate-General for the state |
|
166 |
Conduct of business of the government of a state |
|
167 |
Duties of the Chief Minister regarding furnishing of
information to the Governor, and so on |
|
174 |
Sessions of the state legislature, prorogation and
dissolution |
|
175 |
Right of the Governor to address and send messages to
the house or houses of state legislature |
|
176 |
Special address by the Governor |
|
200 |
Assent to bills (i.e. assent of the Governor to the
bills passed by the state legislature) |
|
201 |
Bills reserved by the Governor for consideration of the
President |
|
213 |
Power of Governor to promulgate ordinances |
|
217 |
Governor being consulted by the President in the matter
of the appointments of the judges of the High Courts |
|
233 |
Appointment of district judges by the Governor |
|
234 |
Appointments of persons (other than district judges) to
the judicial service of the state by the Governor. |
In the state government the chief minister is real executive (de facto) authority, he is called as
head of the government. Thus the
position of the Chief Minister at the state level is analogous to the position
of prime minister at the Centre.
Appointment: Article 164 only says that the Chief Minister shall be appointed
by the governor. However, this does not imply that the governor is free to
appoint any one as the Chief Minister. In accordance with the convections of
the parliamentary system of government, the governor has to appoint the leader
of the majority party in the state legislative assembly as the Chief Minister.
On the death of a Chief Minister, the ruling party usually elects a new leader
and the governor has no choice but to appoint him as Chief Minister. A person who is not a member of the
state legislature can be appointed as Chief Minister for six months, within
which time, he should be elected to the state legislature, failing which he
ceases to be the Chief Minister
The governor administers to him the oaths
of office and secrecy. The term of the Chief Minister is not fixed and he holds
office during the pleasure of the governor. However, this does not mean that
the governor can dismiss him at any time. He cannot be dismissed by the
governor as long as he enjoys the majority support in the legislative assembly.
The salary and allowances of the Chief Minister are determined by the state
legislature.
1.
The governor appoints only
those persons as ministers who are recommended by the Chief Minister.
2.
He allocates and
reshuffles the portfolios among ministers.
3.
He can ask a minister to
resign or advise the governor to dismiss him in case of difference of opinion.
4.
He presides over the
meetings of the council of ministers and influences its decisions.
5.
He guides, directs,
controls and coordinates the activities of all the ministers.
6.
He can bring about the
collapse of the council of ministers by resigning from office.
7.
He is the principal
channel of communication between the governor and the council of ministers.
8.
He advises the governor
with regard to the appointment of important officials like advocate general,
chairman and members of the state public service commission, state election
commissioner, and so on.
9.
He advises the governor
with regard to the summoning and proroguing of the sessions of the state
legislature.
10.
He can recommend the dissolution
of the legislative assembly to the governor at any time.
11.
He announces the
government policies on the floor of the house.
Article 163: There shall
be a council of ministers with the Chief Minister as the head to aid and advice
the governor on the exercise of his functions, except in so far as he is
required to exercise his functions or any of them in his discretion.
Article 164:
(a) The
Chief Minister shall be appointed by the governor and other ministers shall be
appointed by the governor on the advice of the Chief Minister;
(b) The
ministers shall hold office during the pleasure of the governor; and
(c) The
council of ministers shall be collectively responsible to the legislative
assembly of the state.
Article 167: It shall be
the duty of the Chief Minister:
To communicate to the governor of the state all decisions of the
council of ministers relating to the administration of the affairs of the state
and proposals for legislation;
To furnish such information relating to the administration of the
affairs of the state and proposals for legislation as the governor may call for
; and
If the governor so requires, to submit for the consideration of
the council of ministers any matter on which a decision has been taken by a
minister but which has not been considered by the council.
The council of ministers in the states is constituted and function
in the same way as the council of ministers at the Centre.
1.
There shall be a Council
of Ministers with the Chief Minister as the head to aid and advice the Governor
in the exercise of his functions, except in so far as he is required to
exercise his functions in his discretion.
2.
If any question arises
whether a matter falls within the Governor’s discretion or not, decision of the
Governor shall be final.
3.
The advice tendered by
Ministers to the Governor shall not be inquired into in any court.
1.
The Chief Minister shall
be appointed by the Governor and the other Ministers shall be appointed by the
Governor on the advice of the Chief Minister.
2.
The total number of
ministers, including the chief minister, in the council of ministers in a
state shall not exceed 15 per cent of the total strength of the legislative
assembly of that state.
3.
The ministers shall hold
office during the pleasure of the Governor.
4.
The Governor shall
administer the oaths of office and secrecy to a minister.
5.
The salaries and
allowances of ministers shall be determined by the state legislature.
1.
All executive action of
the Government of a State shall be expressed to be taken in the name of the
Governor.
2.
The Governor shall make
rules for the more convenient transaction of the business of the government of
the state
It shall be
the duty of the Chief Minister of each state
1.
To communicate to the
governor of the state all decisions of the council of ministers relating to the
administration of the affairs of the state and proposals for legislation.
2.
To furnish such
information relating to the administration of the affairs of the state in case
governor may request.
3.
If the governor so
requires, to submit for the consideration of the council of ministers any matter
on which a decision has been taken by a minister but which has not been
considered by the council.
The chief
minister is appointed by the governor. The other ministers are appointed by the
governor on the advice of the chief minister. This means that the governor can
appoint only those persons as ministers who are recommended by the chief
minister. The members of the state legislature, either the legislative assembly
or the legislative council, are appointed as ministers.
The governor administers to him the oaths of office and secrecy.
The salaries and allowances of ministers are determined by the
state legislature from time to time.
Article 164 clearly states that the council of ministers is
collectively responsible to the legislative assembly of the state. This means
that all the ministers own joint responsibility to the legislative assembly for
all their acts of omission and commission. The principle of collective responsibility
also means that the cabinet decisions bind all cabinet ministers (and other
ministers) even if they deferred in the cabinet meeting. It is the duty of
every minister to stand by the cabinet decisions and support them both within
and outside the state legislature.
A minister holds office during the pleasure of the governor. This
means that the governor can remove a minister at a time when the council of
ministers enjoys the confidence of the legislative assembly. But, the governor
can remove a minister only on the advice of the chief minister.
In case of difference of opinion or dissatisfaction with the
performance of a minister, the chief minister can ask him to resign or advice
the governor to dismiss him.
Cabinet
A smaller body called cabinet is the nucleus of the council of
ministers. It consists of only the cabinet ministers. It is the real centre of
authority in the state government. It performs the following role:
1.
It is the highest decision
making authority in the politico-administrative system of a state.
2.
It is the chief policy
formulating body of the state government.
3.
It is the supreme
executive authority of the state government.
4.
It is the chief
coordinator of state administration.
5.
It is an advisory body to
the governor.
6.
It is the chief crisis
manager and thus deals with all emergency situations.
7.
It deals with all major
legislative and financial matters.
8.
It exercises control over
higher appointments like constitutional authorities and senior secretariat
administrators.
Articles 168 to 212 in Part VI of the Constitution deal with the
organisation, composition, duration, offices, procedures, privileges, powers
and so on of the state legislature.
Organisation of state legislature: There is no uniformity
in the organisation of state legislatures. Most of the states have unicameral
system, while others have a bicameral system. At present (2009), only six
states have two Houses (bicameral). These are Andhra Pradesh, Uttar
Pradesh, Bihar, Maharashtra, Karnataka and Jammu and Kashmir.
In the states having bicameral system, the state legislature consists of the
governor, the legislative council and the legislative assembly. The
Constitution provides for the abolition or creation of legislative councils in
states. Accordingly, the Parliament can abolish a legislative council or create
it, if the legislative assembly of the concerned state passes a resolution to
that effect.
Such a specific resolution must be passed by the state assembly by
a special majority, that is, a majority of the total membership of the assembly
and a majority of not less than two-thirds of the members of the assembly present
and voting.
State Legislature – Strength: The legislative assembly consists of
representatives directly elected by the people on the basis of universal adult
franchise. Maximum number is fixed at 500 Minimum number is at 60.
Nominated
members: The governor
can nominate one member from the Anglo-Indian community.
Territorial Constituencies: For the purpose of holding direct elections to the assembly, each
state is divided into territorial constituencies. The demarcation of these
constituencies is done in such a manner that the ratio between the population
of each constituency and the number of seats allotted to it is the same
throughout the state.
Reservation of seats for SCs and STs: The Constitution provided
for the reservation of seats for scheduled castes and scheduled tribes in the
assembly of each state on the basis of population ratios.
Duration of Assembly: the
legislative assembly is not a continuing chamber. Its normal term is five years
from the date of its first meeting after the general elections. The governor is
authorised to dissolve the assembly at any time (i.e., even before the
completion of five years) to pave the way for fresh elections. It can be
extended during national emergency for a period of 1 year at a time.
·
He must be a citizen of
India.
·
He must be not less than
30 years of age in the case of the legislative council and not less than 25
years of age in the case of the legislative assembly.
·
A person to be elected to
the legislative assembly must be an elector for an assembly
constituency in the concerned state.
·
If he holds any office of
profit under the Union or state government (except that of a minister or any
other office exempted by state legislature)
·
If he is of unsound mind
and stands so declared by a court
·
If he is an un discharged
insolvent
·
If he is not a citizen of
India or has voluntarily acquired the citizenship of a foreign state or is
under any acknowledgement of allegiance to a foreign state.
·
If he is so disqualified
under any law made by Parliament.
Double Membership: A person
cannot be a member of both Houses of state legislature at one and the same
time. If a person is elected to both the Houses, his seat in one of the Houses
falls vacant as per the provisions of a law made by the state legislature.
Disqualification: If a member
of the state legislature becomes subject to any of the disqualifications, his
seat becomes vacant.
Resignation: A member may resign his
seat by writing to the Chairman of legislative council or Speaker of
legislative assembly, as the case may be. The seat falls vacant when the
resignation is accepted11.
Absence: A House of the state legislature can declare the seat of a member
vacant if he absents himself from all its meeting for a period of sixty days
without its permission.
Other Cases: A member has to vacate
his seat in the either House of state legislature,
(i)
If his election is
declared void by the court,
(ii)
If he is expelled by the
House,
(iii) If
he is elected to the office of president or office of vice-president, and
(iv) If
he is appointed to the office of governor of a state.
Strength: The members
of the legislative council are indirectly elected. The maximum strength of the
council is fixed at one-third of the total strength of the assembly and the
minimum strength is fixed at 40. It means that the size of the council depends
on the size of the assembly of the concerned state.
1.
1/3 are elected by the
members of local bodies in the state like municipalities, district boards,
etc.,
2.
1/12 are elected by
graduates of three years standing and residing within the state,
3.
1/12 are elected by
teachers of three years standing in the state, not lower in standard than
secondary school,
4.
1/3 are elected by the
members of the legislative assembly of the state from amongst persons who are
not members of the assembly, and
5.
The remaining are
nominated by the governor from amongst persons who have a special knowledge or
practical experience of literature, science, art, cooperative movement and
social service.
6.
5/6 of the total number of
members of a legislative council is indirectly elected and 1/6 is nominated by
the governor.
The members are elected in accordance with the system of
proportional
representation by means of a single transferable vote. Parliament is authorised to modify the composition of elections.
Like the Rajya Sabha, the legislative council is a permanent body
and is not subject to dissolution. But, one-third of its members retire on the
expiration of every second year. So, a member continues in office for six
years.
Qualification: A person to
be elected to the legislative council must be an elector for an assembly
constituency in the concerned state and to be qualified for the governor’s
nomination, he must be a resident in the concerned state.
All the remaining provisions (Qualification, Disqualification,
Oath or Affirmation and vacation of seat) are same as member of legislative
assembly.
Speaker:
The
position of speaker of State legislature is equal to speaker of LokSabha. The
Speaker is elected by the assembly itself from amongst its members. The Speaker
remains in office during the life of the assembly.
Powers of
Speaker:
1. He maintains order and decorum in the assembly for conducting
its business and regulating its proceedings. This is his primary responsibility
and he has final power in this regard.
2. He is the final interpreter of the provisions of
(a) The Constitution of India,
(b) The rules of procedure and conduct of business of assembly,
and
(c) The legislative precedents, within the assembly.
3. He adjourns the assembly or suspends the meeting in the absence
of a quorum.
4. He does not vote in the first instance. But, he can exercise a casting vote
in the case of a tie.
5. He can allow a ‘secret’ sitting of the House at the request of
the leader of the House.
6. He decides whether a bill is a Money Bill or not and his decision on this
question is final.
7. He decides the questions of disqualification of a member of the assembly,
arising on the ground of defection under the provisions of the Tenth Schedule.
8. He appoints the chairmen of all the committees of the assembly
and supervises their functioning. He himself is the chairman of the Business
Advisory Committee, the Rules Committee and the General Purpose Committee.
The Deputy Speaker performs the duties of the Speaker’s office
when it is vacant. He also acts as the Speaker when the latter is absent from
the sitting of assembly. His Powers are similar to that of Speaker. The Deputy
Speaker is also elected by the assembly itself from amongst its members. He is
elected after the election of the Speaker has taken place. When he is not
acting as presiding officer, he will be participating in the proceedings of the
house.
Chairman of Legislative council:
Deputy Chairman is also elected by the council itself from amongst
its
members. The powers and functions of the Chairman in the council are similar to
those of the Speaker in the assembly. Chairman of Legislative council has no
authority to decide whether a bill is a money bill or not because with regard
to money bill it should be passed only in Legislative assembly but not in
Legislative council. Legislative can only discuss the money bill.
The salaries and allowances of the Chairman is also fixed by the
state
legislature and are charged on the Consolidated Fund of the State, which is not
subject to voting.
The Deputy Chairman performs the duties of the Speaker’s office
when it is vacant. He also acts as the Chairman when the latter is absent from
the sitting of assembly. His Powers are similar to that of Chairman. The Deputy
Chairman is also elected by the assembly itself from amongst its members. He is
elected after the election of the chairman has taken place. When he is not
acting as presiding officer, he will be participating in the proceedings of the
house.
1.
If he ceases to be a
member of the assembly
2.
If he resigns by writing
to the deputy speaker,
3.
If he is removed by a
resolution passed by a majority of all the then members of the assembly. Such a
resolution can be moved only after giving 14 days advance notice.
Summoning
The governor from time to time summons each House of state legislature to meet.
The maximum gap between the two sessions of state legislature cannot be more
than six months, i.e., the state legislature should meet at least twice a year
Adjournment
An adjournment suspends the work in a sitting for a specified time which may be
hours, days or weeks.
Adjournment sine
die means terminating a sitting of the state legislature for an indefinite
period. The power of the adjournment as well as adjournment sine die lies
with the presiding officer of the House.
Prorogation
The presiding officer (Speaker or Chairman) declares the House adjourned sine
die, when the business of the session is completed. Within the next few
days, the governor issues a notification for prorogation of the session. However,
the governor can also prorogue the House which is in session. Unlike an
adjournment, a prorogation terminates a session of the House.
Dissolution
The legislative council, being a permanent house, is not subject to
dissolution. Only the legislative assembly is subject to dissolution.
1.
The position with respect
to lapsing of bills on the dissolution of the assembly is mentioned below:
A Bill pending in the assembly lapses (whether originating in the assembly or
transmitted to it by the council).
2.
A Bill passed by the
assembly but pending in the council lapses.
3.
A Bill pending in the
council but not passed by the assembly does not lapse.
4.
A Bill passed by the
assembly (in a unicameral state) or passed by both the houses (in a bicameral
state) but pending assent of the governor or the President does not lapse.
5.
A Bill passed by the
assembly (in a unicameral state) or passed by both the Houses (in a bicameral
state) but returned by the president for reconsideration of House (s) does not
lapse.
Quorum
Quorum is the minimum number of members required to be present in the House
before it can transact any business. It is ten members or one-tenth of the
total number of members of the House (including the presiding officer),
whichever is greater.
In addition to the members of a House, every minister and the
advocate general of the state have the right to speak and take part in the proceedings
of either House or any of its committees of which he is named a member, without
being entitled to vote. There are two reasons underlying this constitutional provision:
1.
A minister can participate
in the proceedings of a House, of which he is not a member.
2.
A minister, who is not a
member of either House, can participate in the proceedings of both the Houses.
Ordinary Bills: An ordinary
bill can originate in either House of the state legislature. Such a bill can be
introduced either by a minister or by any other member. The bill passes through
three stages, viz. first reading, second reading and third reading.
After the bill is passed by the originating House, it is transmitted to the
second House for consideration and passage. A bill is deemed to have been
passed by the state legislature only when both the Houses have agreed to it. In
case of a unicameral legislature, a bill passed by the legislative assembly is
sent directly to the governor for his assent.
Assent of the Governor: Every bill,
after it is passed by the assembly or by both the Houses in case of a bicameral
legislature, is presented to the governor for his assent. There are four
alternatives before the governor:
·
He may give his assent to
the bill;
·
He may withhold his assent
to the bill;
·
He may return the bill for
reconsideration of the House or Houses; and
·
He may reserve the bill
for the consideration of the President.
Assent of the President: When a bill
is reserved by the governor for the consideration of the President, the
President may either give his assent to the bill or withhold his assent to the
bill or return the bill for reconsideration of the state legislature. When a
bill is so returned, the House or Houses have to reconsider it within a period
of six months. The bill is presented again to the presidential assent after it
is passed by the House or Houses with or without amendments.
The Constitution lays down a special procedure for the passing of
Money Bills in the state legislature. This is as follows:
·
A Money Bill cannot be
introduced in the legislative council. It can be introduced in the legislative
assembly only and that too on the recommendation of the governor. Every such bill
is considered to be a government bill and can be introduced only by a minister.
·
After a Money Bill is
passed by the legislative assembly, it is transmitted to the legislative council
for its consideration. The legislative council has restricted powers with
regard to a Money Bill.
·
It cannot reject or amend
a Money Bill. It can only make recommendations and must return the bill to the
legislative assembly within 14 days. If the legislative council does not return
the bill to the legislative assembly within 14 days, the bill is deemed to have
been passed by both Houses at the expiry of the said period in the form
originally passed by the legislative assembly.
·
Finally, when a Money Bill is presented to the
governor, he normally gives his assent to it as it is introduced in the state
legislature with his prior permission.