State Executive - The Governor

State Executive - The Governor

Overview of the State Executive

  • 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.
  • Unlike the Union Executive where the President is the nominal head and the Prime Minister and Council of Ministers are the real executive, at the state level, the Governor is the nominal executive (de jure), and the Chief Minister and Council of Ministers are the real executive (de facto).

The Governor

Constitutional Position and Appointment

  • Usually, there is a governor for each state, but the 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as a Governor for two or more states. This is to ensure administrative efficiency and cost-effectiveness.
  • The Governor is appointed by the President by warrant under his hand and seal. He is not directly elected by the people or indirectly elected by an electoral college. This makes him an agent of the Centre.
  • A Governor holds office for a term of five years from the date on which he enters upon his office.
  • He can resign at any time by addressing a resignation letter to the President.
  • He holds office during the pleasure of the President. However, the phrase 'pleasure of the President' does not mean the President can remove the Governor at any time without reason. The Supreme Court in the B.P. Singhal vs. Union of India (2010) case held that the Governor cannot be removed by the Union government on grounds of not being in sync with its policies. The power of removal should only be exercised in rare and compelling circumstances.

Qualifications for Appointment as Governor (Value Addition):

  • He must be a citizen of India.
  • He must have completed the age of 35 years.
  • (By convention, not constitutional provision) He should not belong to the state where he is appointed.
  • (By convention) When a Governor is to be appointed, the President is required to consult the Chief Minister of the state concerned.

Powers and Functions of the Governor

Executive Powers:

  • The Governor, being the head of the state executive, all executive action is expressed to be taken in the name of the Governor.
  • Appointments:
    • The Chief Minister and other ministers are appointed by the Governor. The Governor appoints the leader of the party having an absolute majority in the legislative assembly as the Chief Minister. However, in case of no party having a clear-cut majority in the House, the Governor may use his discretion to appoint the person who he believes can form a stable government and ask him/her to prove majority support within a stipulated time.
    • Advocate-General of the state.
    • Chairman and members of the State Public Service Commission (though they can be removed only by the President).
    • Members of the subordinate judiciary (District Judge and below).
    • Vice-Chancellors of state universities. The Governor is the Chancellor of the universities run by the state.
    • Though the Governor has no power to appoint the Judges of the state High Court, he may be consulted by the President in such appointments.
  • He can seek any information relating to the administration of the affairs of the state from the Chief Minister.
  • He can recommend the imposition of constitutional emergency in the state to the President (President's Rule - Article 356).
  • He acts as an agent of the Central Government during President's Rule.

Legislative Powers:

The Governor is a part of the legislature (Art. 168). In this capacity, he performs the following legislative functions:

  • To summon, prorogue, and dissolve the legislative assembly.
  • Right to address the legislature and to send messages to it.
  • No Bill can become a law unless the Governor gives assent to it. He can give his assent, withhold his assent, or use the pocket veto on a state Bill.
  • He nominates one member of the Anglo-Indian community to the state assembly (now removed by 104th Amendment Act, 2019).
  • He nominates one-sixth of the members of the legislative council from among persons having special experience in art, science, literature, social service, or cooperative sectors (Article 171).
  • He can issue ordinances when the state legislature is not in session (Article 213). These ordinances have the force of an Act of the state legislature but must be approved by the legislature within six weeks of its reassembly. He can withdraw an ordinance at any time.

Financial Powers:

  • He causes to be laid before the legislature an annual financial statement (Art-202), i.e., the state budget.
  • A Money Bill cannot be introduced in the State Legislative Assembly without the prior permission of the Governor.
  • The annual and supplementary budgets are introduced in the Assembly in the name of the Governor.
  • No demand for grant can be made except on his recommendation.
  • The Governor has control over the State Contingency Fund, without his assent, the fund cannot be drawn upon. He can make advances out of it to meet unforeseen expenditure.

Judicial Powers:

  • He is consulted by the President while appointing judges to the State High Court.
  • According to Article 161, the Governor possesses the power to suspend, remit, or commute the sentence of any person convicted of any offense against any law to which executive power of state extends.
  • Pardon: completely absolve offender from all punishments (However, Governor cannot pardon a death sentence or a sentence by court-martial).
  • Reprieves: stay on the execution of the sentence for a temporary period.
  • Respite: awarding lesser punishment on special grounds.
  • Remission: reduction of sentence without changing its character.
  • Commutation: Substitution of one form of punishment for another form which is of a lighter character.

Assent to Bills (Article 200 and 201):

Article 200: Assent to Bills

  • When a Bill has been passed by the Legislature of a State, it shall be presented to the Governor who may:
    • Give assent to the Bill (the Bill becomes an Act).
    • Withhold assent.
    • Return the Bill to the Legislature for reconsideration. (Suspensive veto). If the Bill is passed again by the Legislature with or without amendments, the Governor must give assent.
    • Reserve the Bill for the consideration of the President.
  • In the case of Bills other than Money Bills, he may return it to the legislature for reconsideration.
  • The Governor may also reserve the Bill for consideration of the President.
  • When a Bill is returned to the Legislature by the Governor, it must be passed again to be accepted by the Governor.
  • In essence, as per Article 200, when a Bill passed by the Legislature of a State is presented to the Governor, he has four options.

Article 201: Bills Reserved for Consideration

  • When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent.
  • In the case of a Money Bill, the President shall declare either that he assents to the Bill or that he withholds assent. He cannot return a Money Bill for reconsideration.
  • In other Bills, he may return the Bill for reconsideration. If the state legislature passes the bill again and sends it to the President, the President is not bound to give his assent. He can give assent or withhold assent again. Thus, the President has an absolute veto over state bills reserved for his consideration.
  • Also, there is no time limit within which the President should take a decision on a reserved bill.
  • There have been instances where Bills have been pending with the President for periods up to six years or more.
  • The most recent Bill to be reserved by the Governor for Presidential assent is the GUJCOC Bill (Gujarat Control of Organised Crime Bill) for which the President has expressed the need for three changes and returned it.

Discretionary Powers of the Governor (Article 163):

  • Art. 163 states that there shall be a Council of Ministers headed by the Chief Minister to aid and advise the Governor, except in so far as he is required to exercise his functions or any of them in his discretion.
  • The validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
  • The decision of the Governor on whether a matter falls within his discretion is final.
  • There are two types of situations in which the Governor is expected to use his discretion:
    • Those which are implied by the nature of parliamentary democracy (e.g., appointment of CM when no clear majority, dismissal of CoM when it loses confidence, dissolution of assembly).
    • Those where the Constitution has expressly imposed special responsibility on the Governor.

Special Responsibility of Governor (Value Addition):

The Constitution places some special responsibilities on the Governor, where he acts in his discretion or judgment, even against the advice of the Council of Ministers:

  • Art. 371 (1) - Special responsibility of the Governor of Maharashtra and Gujarat for the establishment of development boards for Vidarbha, Marathwada, Saurashtra, and Kutch, etc.
  • Art. 371A - Special responsibility of the Governor of Nagaland with respect to law and order so long as internal disturbances occur in some area of the state. To establish a regional council for Tuensang district to arrange for equitable allocation of money between Tuensang district and the rest of Nagaland.
  • Art. 371C (1) - Special responsibility of the Governor of Manipur to secure the proper functioning of a committee of the members of the legislative assembly consisting of the members representing the hill area.
  • Art. 371F (g) - Special responsibility of the Governor of Sikkim for peace and for an equitable arrangement for ensuring the advancement of different sections of the population of Sikkim.
  • Art. 371H (a) - Special responsibility of the Governor of Arunachal Pradesh with respect to law and order.
  • The 6th Schedule provides that the Governor of Assam shall determine the amount payable by the State of Assam to the district council as royalty accruing from licenses for minerals.
  • Article 371-I (Goa), Article 371J (Karnataka - establishing a separate development board for Hyderabad-Karnataka region), etc. also contain special provisions.

State Council of Ministers

Constitutional Provisions (Value Addition):

  • Article 163: There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions in his discretion.
  • Article 164:
    • 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.
    • The total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed 15% of the total number of members of the Legislative Assembly of that state. (91st Amendment Act, 2003).
    • Also, the number of ministers, including the Chief Minister, shall not be less than 12. (91st Amendment Act, 2003).
    • A member of the State Legislature disqualified on the ground of defection shall also be disqualified to be appointed as a Minister. (91st Amendment Act, 2003).
    • The ministers shall hold office during the pleasure of the Governor.
    • The Council of Ministers shall be collectively responsible to the Legislative Assembly of the state.
    • The Governor shall administer the oaths of office and secrecy to the ministers.
    • A person who is not a member of the state legislature for any period of six consecutive months shall cease to be a minister.
    • The salaries and allowances of ministers shall be determined by the state legislature.
  • Article 166: Conduct of business of the Government of a State (similar to Article 77 for Union).
  • Article 167: Duties of Chief Minister as respects the furnishing of information to Governor (similar to Article 78 for Union).

Role of Chief Minister (Value Addition):

  • The Chief Minister is the real executive authority (de facto head) of the state government.
  • He is the head of the Council of Ministers.
  • Advises the Governor regarding the appointment of other ministers.
  • Presides over the meetings of the Council of Ministers.
  • Acts as the principal channel of communication between the Governor and the Council of Ministers.
  • Advises the Governor regarding the summoning and proroguing of the sessions of the state legislature.
  • Can recommend the dissolution of the legislative assembly to the Governor.

Collective and Individual Responsibility (Value Addition):

  • Collective Responsibility (Article 164(2)): The State Council of Ministers is collectively responsible to the Legislative Assembly of the state. If a no-confidence motion is passed against the Council of Ministers in the Assembly, all ministers (even those from Legislative Council) must resign.
  • Individual Responsibility (Article 164(1)): Ministers hold office during the pleasure of the Governor. This means a minister can be removed by the Governor, but only on the advice of the Chief Minister.

Advocate General for the State (Article 165)

  • He is the highest law officer in the state.
  • Appointed by the Governor.
  • Must be a person who is qualified to be appointed a judge of a High Court.
  • Holds office during the pleasure of the Governor.
  • Receives such remuneration as the Governor may determine.
  • It is the duty of the Advocate General to give advice to the state government on legal matters and to perform other legal duties assigned by the Governor.
  • He has the right to speak and take part in the proceedings of both Houses of the State Legislature, without the right to vote.

Key Takeaways for UPSC Aspirants

  • Master Part VI (Articles 153-167) for the State Executive.
  • Understand the dual role of the Governor: constitutional head of the state AND a link/agent of the Centre. This makes his discretionary powers critical.
  • Differentiate between the Governor's assent powers for state bills vs. President's assent powers for central bills, especially the President's absolute veto on reserved state bills.
  • Note the impact of the 91st Amendment Act, 2003, on the size of the Council of Ministers (both ceiling and floor) at the state level.
  • Compare and contrast the powers and responsibilities of the Governor with those of the President, and the Chief Minister with the Prime Minister.
  • Be aware of the specific "Special Responsibilities" of the Governor mentioned in Articles 371 to 371J.
  • Remember the collective and individual responsibility of the State Council of Ministers to the Legislative Assembly.
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