Governor and the State Executive
NCERT Class 11 - Indian Constitution at Work, Chapter 4
Governor and the State Executive
The state executive mirrors the union executive. The Governor is the constitutional head under Article 153, and the Chief Minister with the Council of Ministers is the real executive, responsible to the Vidhan Sabha.
The Governor
- Appointed by the President under Article 155, and holds office during the pleasure of the President - so there is no fixed security of tenure, though the normal term is five years.
- Qualifications - a citizen of India who has completed 35 years of age; by convention the Governor is not a resident of the state to which he is appointed.
- The same person may be appointed Governor of two or more states.
- Powers parallel those of the President within the state - executive appointments, summoning and dissolving the assembly, assent to Bills, ordinances under Article 213, and pardon under Article 161.
- Note two limits - the Governor's pardon power does not extend to death sentences or to court martial cases, both of which remain with the President.
Discretionary powers
| Situation | Governor's discretion |
|---|---|
| No party has a clear majority | Choosing whom to invite as Chief Minister |
| A government loses confidence | Dismissing the council and recommending fresh arrangements |
| A Bill touches Union interests | Reserving it for the consideration of the President under Article 200 |
| Breakdown of constitutional machinery | Reporting to the President for action under Article 356 |
| Administration of the state | Seeking information from the Chief Minister under Article 167 |
- Article 163 says the Governor acts on the advice of the council except where he is required to act in his discretion, and his own judgement on what falls in his discretion is final and cannot be questioned.
- This discretionary space is far wider than the President's, which is why the office has been politically contested.
- Governors of some states also have special responsibilities, for example in scheduled and tribal areas, and under specific constitutional provisions for particular states.
Chief Minister and Council of Ministers
- Article 164 - the Chief Minister is appointed by the Governor, and other ministers are appointed on the Chief Minister's advice.
- The Council of Ministers is collectively responsible to the Vidhan Sabha, so a no-confidence motion there removes the government.
- The 91st Amendment caps the size of the state council at 15 per cent of the assembly, with a minimum of twelve.
- The Chief Minister's powers within the state mirror those of the Prime Minister at the centre - allocation of portfolios, chairing the cabinet, and acting as the link between the council and the Governor under Article 167.
- Where a state has a legislative council, ministers may be drawn from either House, but responsibility is only to the assembly.
हिंदी संकेत: राज्यपाल की क्षमा शक्ति (अनुच्छेद 161) में मृत्युदंड शामिल नहीं है - वह केवल राष्ट्रपति के पास है। यह अंतर सबसे अधिक पूछा जाता है।
Exam me kaise aata hai
Factual questions ask who appoints the Governor, under which article he issues ordinances, and whether he can pardon a death sentence. Match-the-following links article number with power. Application questions describe a hung assembly and ask what the Governor may do.
UPSC / State PSC ke liye
The Governor's office is the most debated in Indian federalism. Note the main criticisms - appointment and removal entirely at the centre's pleasure, wide discretion in inviting a Chief Minister, and the use of Article 356. Note also the corrective - the Supreme Court has held that a majority must be tested on the floor of the House, not in the Raj Bhavan.
Yahan confuse hote hain
✗ The Governor can pardon a death sentence | ✓ Only the President can; the Governor's power under Article 161 excludes it
✗ The Governor has a guaranteed five-year term | ✓ He holds office during the pleasure of the President
✗ The state council is responsible to the legislative council | ✓ It is responsible only to the Vidhan Sabha
Ek nazar me
- Governor is appointed by the President under Article 155 and holds office during his pleasure.
- Minimum age 35; the same person may be Governor of more than one state.
- Ordinance power under Article 213; pardon power under Article 161, excluding death sentences.
- Article 163 gives him discretion, and his judgement on what is discretionary is final.
- Discretion matters most in a hung assembly, in reserving Bills and in reporting under Article 356.
- Article 164 - Chief Minister appointed by the Governor; the council is responsible to the Vidhan Sabha.
- Article 167 makes the Chief Minister the link between the council and the Governor.