The state executive consists of the Governor, Chief Minister, Council of Ministers, and Advocate-General of State. Governor, as President, heads the state government. The provisions related to the state governments of the country are dealt with by the articles 153-167 of the Indian Constitution.
Important Articles of State Executive
| Articles | Provisions |
| Articles 153 to 162 | Governor |
| Articles 163 and 164 | Council of Ministers |
| Article 165 | Advocate General of the State |
| Articles 166 and 167 | Conduct of business of the Government |
Appointment of the Governor
Article 153 of the Indian Constitution says that each state of the nation should have a governor. The governor is appointed by the President. Under the 7th Constitutional Amendment, it was stated that there can be the same governor for two different states.
The Qualification that one needs to be eligible for a governor of a State/States are the following-
- They must be a citizen of the country.
- They should be 35 years and above.
Once the Governor is selected,
- He shall be appointed to a state to where he belongs
- Consult the Chief Minister of the state about where to be appointed.
Special Powers of the Governor
The powers of the Governor that are granted to him by the Indian Constitution can be broadly classified into four categories, that is Executive, Legislative, Financial, and Judicial.
1. Executive Powers
Some of the executive Powers of the Governor are –
- He is responsible for the appointment of the advocate general of states and also determines their remuneration.
- Chief Ministers and other ministers of the states are appointed by the Governor
- He acts as the President’s agent during the President’s rule in the state.
- Every executive action taken by the state government is to be taken in his name.
2. Legislative Powers
Some of the Legislative Powers of the Governor are –
- Governor may/may not send a bill to the state legislature concerning any bill that is pending in the state legislature.
- The state legislature is addressed by him in the first session of every year.
- Then the Governor appoints a person to preside over the session the speaker and the deputy speaker of the legislative assembly are absent.
- He has the authority to consult the Election Commission for the disqualification of members.
3. Financial Powers
Some of the Financial Powers of the Governor are –
- The Governor looks over the state budget being laid in the state legislature.
- He makes advances to meet unforeseen expenditures as the contingency fund of the state is under him.
- Every five years, the state finance commission is constituted by him.
4. Judicial Powers
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Some of the Judicial Powers of the Governor are –
- His recommendation is sought by the President before the appointment of the high court judges.
- In consultation with the state High Court, the Governor makes appointments, postings, and promotions of the district judges.
- He also appoints persons to the judicial services with the consultation of the state high court and the state public service commission.
7th Constitutional Amendment
Some of the most comprehensive changes in the Indian Constitution were bought in by the 7th Constitutional Amendment, back in the year 1956. It was exclusively designed to implement the State Reorganisation Act.
The 7th Amendment Act amended the articles 1, 3, 49, 80, 81, 82, 131, 153, 158, 168, 170, 171, 216, 217, 220, 222, 224, 230, 231 and 232.
Some of the changes that were brought forward by this Amendment Act are –
- It allowed two different states to have the same Governor.
- It provided for a maximum of 500 members directly elected from territorial constituencies in the States, and a maximum of 20 members chosen from the Union Territories to the Lok Sabha.
- Allowed a common high court for two or more states.
- The maximum strength of the Legislative Council of a State was raised from one-fourth to one-third of the strength of the Legislative Assembly of that State.
- Relaxed the complete ban on practice by retired judges of the High Courts and made provisions for them to practice in the Supreme Court and in any High Court other than the one in which he/she was a permanent judge.
- Ordered the states to provide facilities for instruction in their mother tongue at the Primary stage to children belonging to linguistic minority groups.
These amendments were needed to implement the recommendations of the States Reorganisation Commission regarding the reorganization of the states on a linguistic basis.
Chief Minister and the Council of Ministers
Once the Legislative Assembly elections of a particular state get over, the party that gets the largest mandate by the people of the state gets elected to rule the state. The leader of that party is appointed as the Chief Minister of the state by the Governor.
Article 74 and 75 of the Indian Constitution deal with the Council of Ministers. The council of ministers is headed by the prime minister of the country. The salaries and allowances of the council of ministers are decided by the Parliament.
Appointment of Chief Minister
The particulars of the chief minister’s appointment are not mentioned in the Indian Constitution. However, one thing that is absolute is that the Chief Minister of a state is appointed by the Governor of that state.
The leader of the political party that gets the majority of the votes, gets to be appointed as the Chief Minister of the state. In case, no party gets a majority, then the governor gets to use his discretion and appoint a Chief Minister.
Oath of Chief Minister
The Chief Minister takes an Oath in the presence of the Governor of the state before entering the office.
As mentioned in the 3rd schedule, while taking the oath, he/she shall say, “I, A. B., do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established, 1 [that I will uphold the sovereignty and integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.”
Powers of a Chief Minister
Being the leader of the ruling party of the state, the chief minister has been granted some powers by the Indian Constitution. Some of the powers of the Chief Ministers are as below –
1. Head of the Council of Ministers
The chief minister is the head of the council of Ministers. The ministers are appointed by the Governor on the advice of the Chief Minister and he also has a free hand in making a list of his colleagues. The Chief Minister can reconstruct his Ministry as and when the need arises.
He further has the right to demand the resignation of any of the ministers under him. The chief minister also controls the agenda for the Cabinet meetings. Furthermore, he supervises and coordinates policies of several Ministers and Departments.
2. Aids and Advises the Governor
He is the link between the Cabinet and the Governor. The decisions of the council of ministers are communicated to the governor by the Chief Minister. He also needs to furnish any information relating to the administration of the State as the Governor may call for.
3. Leader of the House
Being the leader of the house, he gets to make all the announcements concerning the new or amended policies. Maintaining discipline of the Members of his party also comes under his hat. Adding to this, the chief minister can appoint a whip whose directive must be obeyed by all the legislators.
Conclusion
The governor is a titular head or the constitutional head. Also, at the same time, he is the agent of the center as the union government nominates the Governor in each of the states.
Whether it is appointing Ministers or advising the President of the Country, the Governor has one of the most vital roles to play in a state government.