MODULE 4-1
THE STATE EXECUTIVE
The components of Union executive are President, Vice President, Council of
Ministers, Prime Minister and Attorney General of India.
The State executive consists of the Governor, the Council of Ministers, the Chief
Minister, Advocate General, Union Territories.
Articles 153 to 167 (15 articles) in Part VI of the Constitution deal with the State
Executive.
THE GOVERNOR
The executive power of the state is vested in the governor and all executive action of
the state has to be taken in the name of the governor.
Article 153: Normally there shall be a Governor for each state, but the 7th amendment
of 1956 makes it possible to appoint the same person as the Governor for two or more
states.
Eg: On 1 June 2014, the state of Telangana came into existence. The state of Andhra
Pradesh and Telangana had one Governor.
Article 154: lays down that the executive power of the State shall vest in and be
exercisable by the Governor either directly or through officers subordinate to him.
Article 155: The Indian Constitution provides that the Governor of a State shall be
appointed by the President by warrant under his hand and seal. The term Governor was
brought to India by the British.
Article 156: Term of the Governor is 5 years.
Article 157: Qualifications for Appointment as a Governor
He shall be a citizen of India
Has completed the age of thirty-five years
He should be an outsider, that is, he should not belong to the state where he is
appointed, so that he is free from the local politics
While appointing the governor, the president is required to consult the chief
minister of the state concerned, so that the smooth functioning of the
constitutional machinery in the state is ensured.
Article 158: Conditions of Governor’s Office. Raj Bhavan is the name for Governor’s
office.
Article 159: Oath or Affirmation by the Governor. The Oath is told by the Chief Justice of
the High Court of the State.
Powers and Functions of Governor
A governor possesses following powers:
1) Executive
2) Legislative
3) Financial
4) Judicial
1) Executive Power of Governor
All executive actions of the government of a state are formally taken in his name.
He can make rules specifying the manner in which the Orders and other instruments
made and executed in his name shall be authenticated.
He can make rules for more convenient transaction of the business of a state
government and for the allocation among the ministers of the said business.
He appoints the chief minister and other ministers. They also hold office during his
pleasure.
He can require the chief minister to submit for the consideration of the council of
ministers any matter on which a decision has been taken by a minister.
He appoints the advocate general of a state and determines his remuneration. The
advocate general holds office during the pleasure of the governor.
He appoints the state election commissioner and determines his conditions of service
and tenure of office.
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.
He can seek any information relating to the administration of the affairs of the state and
proposals for legislation from the chief minister.
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.
He acts as the chancellor of universities in the state. He also appoints the vice-
chancellors of universities in the state.
2) Legislative Power of Governor
He can summon or prorogue the state legislature and dissolve the state legislative
assembly.
He can address the state legislature at the commencement of the first session after each
general election and the first session of each year.
He can send messages to the house or houses of the state legislature, with respect to a
bill pending in the legislature or otherwise.
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.
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.
He can promulgate ordinances when the state legislature is not in session.
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.
3) Financial Power of Governor
He sees that the Annual Financial Statement (State Budget) is laid before the state
legislature.
Money bills can be introduced in the state legislature only with his prior
recommendation.
He can make advances out of the Contingency Fund of the state to meet any unforeseen
expenditure like Flood, Nipah, Covid whereas Consolidated Fund is to meet predicted
expenditures.
He constitutes a finance commission after every five years to review the financial
position of the panchayats and the municipalities.
4) Judicial Power of Governor
He can grant pardons, commute, remissions, respites, reprives of punishment or
sentence of any person convicted of any offence against any law relating to a matter to
which the executive power of the state extends.
He is consulted by the president while appointing the judges of the concerned state high
court.
He makes appointments, postings and promotions of the district judges in consultation
with the state high court. The Collegium System is used in the appointment of the
Supreme Court judges and the High Court judges.
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.
Ordinance Making Power of the Governor
The governor’s power to make ordinances under Article 213, having the force of an act of the
state legislature, is similar to the ordinance (temporary law) making power of the president in
the following respects:
The governor shall have this power only when the state legislature (or both houses) are
not on session.
It is not a discretionary power, but must be exercised with the aid and advice of the
council of ministers.
The governor can withdraw the ordinance at any time.
The validity of ordinance is 6 months.
The ordinance must be laid before the state legislature, when it reassemble.
