STATE
EXECUTIVE
The State Executive comprises the
Governor, Chief Minister and the Council of Ministers (the Cabinet). Though the
Governor is the Constitutional Head, the Council of Ministers with the Chief
Minister as its Head is the real executive authority. The Governor can exercise
his authority either directly or through his appointed officials.
GOVERNOR
The President nominates the Governor
on the recommendation of the Prime Minister and his Cabinet. Every State is
required to have a Governor. However, sometimes two or three States can have a
single Governor.
Qualifications, Term of Office, Salary
and Perquisites:
(1) Should be a citizen of India.
(2) Should not be less than 35 years
of age.
(3) Should not hold any office of
profit under the Government.
(4) Should not be a Member of either
Parliament or State Legislature.
If he is a Member of either, he should
resign from that post when he is appointed as the Governor. The term of office
of the Governor is 5 years. However, he continues to occupy the post even after
the completion of this term till a successor is appointed.
The President may recall the Governor
on the recommendation of the Union Council of Ministers before the expiry of
his term. The Governor receives salary and allowances as fixed by the
Parliament, and resides at the official residence (Raj Bhavan). His actions
cannot be questioned nor can he be prosecuted in a court of law.
Powers
and functions :
Legally all executive powers belong to
the Governor. However, the Chief Minister and his Council of Ministers exercise
these powers .
The following are the functions of the
Governor :
Executive
powers : The Governor
is the Executive Head and appoints the Ministers on the advice of the Chief Minister.
He also appoints the Chairman of the State Public Service Commission, the
Vice-Chancellors for all the Universities in the State and other officials.
Legislative
powers : The Governor
has the power to summon, postpone or dissolve the Assembly on the advice of the
Chief Minister. He also has the power to nominate one person to the Assembly
and of the members to the Legislative Council. He may approve or withhold a
bill approved by the Legislature. If needed, he can forward a bill to the
President for the approval.
Financial
powers : The Finance
Bill cannot be presented in the Legislative Assembly without the permission of
the Governor. The Governor has the power to appoint the State Finance
Commission and Planning Commission. The State Emergency Fund is in his name and
funds are taken out from it to deal with emergency situations like drought,
floods, earthquake etc.
Judicial powers
: The Governor has the power to pardon those who have been convicted and
reduce, postpone or change the punishment given to criminals. He appoints the
State Advocate General and District Judges.
Discretionary
powers: The Governor
uses his discretionary powers while appointing the Chief Minister of the State,
when there is no clear majority. He may also withhold the bill passed by the
legislature and send it to the President, recommend to the President to declare
emergency in the State, dismiss the Cabinet or dissolve the Legislative
Assembly. State Council of Ministers Our Constitution provides for a Council of
Ministers with the Chief Minister as its Head. This Council assists the
Governor in administrative matters, and is responsible to the Legislative
Assembly.
The Council has many functions:
1. It decides the Government’s
policies.
2. It prepares the State budget and
presents it in the legislature.
3. It advises the Governor in matters
of appointment of the Chairman of the State Public Service Commission, its
Members, the Lokayukta etc.
4. Each Minister has to ensure
efficient working of his Department.
5. It has to co-ordinate and supervise
the working of different departments.
Chief
Minister :
The Chief Minister is the Head of the
State Government. Success or failure of the State Government depends on his
personality. He is the Head of the Council of Ministers, the Legislature, and
the Leader of the majority party in the government. The Chief Minister should
be a member of any one of the two Houses. Even those who are not Members of
either House can become the Chief Minister. However, he has to become the
Member of any one House within six months.
Functions and Powers of the Chief
Minister :
1. He prepares the list of Ministers
and send it to the Governor.
2. He allocates Portfolios to the
Ministers. He can also change the portfolios alloted to Ministers.
3. He has the power to remove those
Ministers who are not loyal to the Government, act against the Council of Ministers
or have criminal record.
4. As the Head of Government, he plays
a very important role in formulation of policies.
5. As the Head of the Cabinet, he can
summon or postpone its meetings.
6. He has the power to co-ordinate and
supervise the working of all the Departments.
7. He has the power to dissolve the
Legislative Assembly before expiry of its term. 8. He acts as the link between
the Governor and the Council of Ministers. 9. He acts as an advisor to the
Governor with regard to nominations to many posts.
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