State Administration: Governor, Chief Minister and State Secretariat

Governor
Article 153 of the constitution states that there shall be a Governor in each state. The
constitution amendment Act 1956 makes it possible to appoint the same person as the
governor of two or more states. The Governor is the executive head of a state. Like the
President of India, he is the titular or constitutional head. The Governor plays a dual role- as
the head of the state administration and as the agent of the union government.
Appointment and tenure
The governor is appointed by the President of India for a period of five years but holds
office during the pleasure of the President. He can be terminated either by dismissal by the
President or by resignation. The grounds upon which the governor may be removed are not
laid down in the constitution.
Qualifications
1. He must be a citizen of India
2. He should have completed the age of 35 years.
3. He should not be a member of either house of Parliament or of state legislature
4. He should not hold any office of profit

Why an appointed governor?

The governor of a state is appointed and not elected. The reasons for accepting an
appointed governor are:
1. In a parliamentary system, the governor in a state is to be a mere constitutional head. His
position is a ceremonial one. The council of ministers headed by the chief minister is the real
executive. Thus, direct election of a governor does not fit in a parliamentary system.
2. A directly elected governor may create a problem of political leadership. If he is elected,
he cannot be above party politics which would lead to clash of leadership authority in the
state. Thus, an appointed governor enables the efficient functioning of the office as an
impartial and neutral head.
3. Above all, the separatist tendencies in the country needed a strong Central Government
to counter them and provide stability; it would thus, be better to have a governor appointed
by the President.

Powers and Functions

1. Executive Powers
The executive powers and functions of the governor are;
a) All executive actions of the government in the state are formally carried out in his
name.
b) He appoints the chief minister and other ministers. They hold office during his
pleasure.
c) He appoints the advocate general of the state.
d) He appoints the state Election Commissioner and other members.
e) He appoints the chairman and other members of the State Public Service
Commission.
f) He acts as the chancellor of the state universities.
2. Legislative powers:
A governor is an integral part of the state legislature and exercises the following
legislative powers and functions;
a) He summons, prorogues and dissolves the state legislative assembly
b) He addresses the state legislature at the commencement of the first session.
c) He can nominate 1/6th of the members of the state legislative council from amongst
persons having special knowledge in literature, science, art, social service etc.
d) He can nominate one member to the state legislative assembly from the Anglo
Indian community.
e) All bills passed by the state legislature have to be signed by the governor. In this
regard, he can withhold his assent or return a non money bill for reconsideration by
the state legislature. However, if the bill is passed again, the governor has to sign it.
f) He can reserve a bill for consideration by the President of India.
3. Financial powers;
a) He sees that the Annual Budget is laid before the State legislature
b) Money bills can be introduced in the state legislature only with his prior
recommendation.
c) No demand for grant can be made except on his recommendation.
d) He can make advances out of the state contingency fund to meet unforeseen
emergencies.
e) Amendments relating to financial matters cannot be moved except on his
recommendation.
4. Judicial powers
a) He can grant pardons, reprieves and remissions of punishments or suspend and
remit sentences of any person convicted of an offence relating to a matter to which
the executive power of the state extends.
b) He appoints the judges of the state high courts and district courts.
5. Discretionary powers
There are certain powers which the governor can exercise without the advice of the
council of ministers, called discretionary powers. They are;
(i) Appointment of Chief Ministers
The Governor appoints the Chief Minister and on his advice the Council of Ministers.
When a party with absolute majority elects a leader, the Governor has no choice but to
appoint him the Chief Minister and invite him to form the government. Problems arise when
no political party has an absolute majority in the legislature. Here the discretion of the
Governor comes into play. In a coalition of political parties aspiring to form the government,
he can exercise his discretion by choosing one of the leaders of coalition partners to form
the government.
(ii)Dismissal of a Ministry
In certain circumstances like the ministry losing the majority support in the legislature on
account of defections, but keen to retain power, it advises the governor to prorogue the
assembly to save itself from the censure motion. The opposition on the other hand, may
approach the governor to dismiss the ministry as it does not have the confidence of the
majority. In such a situation, the governor can exercise his discretionary power.
(iii) Use of Emergency Powers
The governor may independently appraise the breakdown of constitutional machinery in the
state and may submit his report to the president with his recommendation.
(iv) He may reserve a bill for the consideration of the president after it has been passed by
the state legislature assembly on the ground that it may be in conflict with a law or policy of
the union govt.
(v) He can seek information from the CM regarding administrative and legislative matters.
(vi) There are some provisions as to the administration of Tribal Areas in the States of
Assam, Meghalaya, Tripura and Mizoram. The Governor of each of these States exercises
these functions in his discretion.
(vii) The governor of Nagaland has a special role in the maintenance of law and order
problem.

The Controversy Regarding the Post of Governor:

The office of Governor is always centre of controversy. The executive powers of the State
are vested in the Governor and all executive actions of the State have to be taken in the
name of the Governor. Normally the five- year term should be adhered to and removed or
transfer of the Governor should be by following a similar procedure as for appointment i.e.
after consultation with the CM of the concerned state. The integrity of State politics is vital
for the political health of the country and a major corrective effort is necessary to remove
the distortions that have overcome an office of great constitutional importance—the office
of the Governor. During the past more years the office of the Governor has been misused
and generally the Governors had been made handmaids not only of the Union Government,
but also of the ruling party at the Centre as well. Not only the prestige of the office suffered
a serious decline but politics in the States became yet more unstable and unprincipled.
Importantly, there is another aspect of the Governor’s position and it is the federal aspect.
His position is a dual one. He is appointed by the President on the advice of the Union
Government and holds office at his pleasure. At the same time, he is the constitutional Head
of a member-State of the federal Union—the eyes and ears or confidant of the Union
Government and also the conscience-keeper of the State’s Chief Minister.

The position of Governors and the role played by them during the last few decades was
criticised from a number of angles. The Chief Ministers of non-Congress States often
complained that they have not been consulted either before the appointment of a Governor
to their State or shifting o ne existing Governor from one State to another. There are no
fixed norms governing the continuance or otherwise of Governors appointed by one party
government at the Centre when there is a change of government at the Centre. The role of
the Governors in appointment and dismissal of Chief Ministers without giving a chance to
State Legislatures to test the majority of Chief Ministers was criticised as undemocratic and
a clear usurpation of the rights of elected legislatures. There is another criticism that the
Governors are acting as agents of the party in power at the Centre instead of acting
impartially and objectively upon the principles of the Constitution.

The Real Position of the Governor:

Although the Constitution vests enormous powers with the Governor, in actual practice all
these are to be exercised by him only on the advice of the Council of Ministers, the
exception being the areas in which he can use his discretion, the Governor’s office is one
with dignity and respect but without much power. This opinion holds well in normal times,
but in abnormal times, the position undergoes a change. The Governor is the ceremonial
head of the state and the Chief Minister and his councils are to aid and advise him in
matters other than what falls under his discretion. All the executive powers are exercised by
the Cabinet in the name of the Governor. The courts of the land do not have the power to
question the action of the Governor taken in his discretion and his decision is deemed final.
He acts as the Representative of the Central Government because he is the only
Constitutional link between the Centre and the State. As he is appointed by the President on
the advice of the Prime Minister, he is inclined to remain more loyal to the Centre than to
the States. It is his duty to ensure that the State Government functions in accordance with
the directives of the Centre and the Constitution. State Emergency is declared by the
President upon the advice of the Governor of the concerned State. As the representative of
the Centre in State he should strive to maintain the federal balance and political stability in a
peaceful manner. His role as the head of State Government grants him discretionary powers
and the exact range of his powers would greatly depend upon the political situation that
exists in the State. If the State is politically harmonious there are fewer burdens for the
Governor and in case the State is overwhelmed by political disharmony the Governor has a
herculean task of solving various problems ahead of him.

Chief Minister
The Chief Minister at the state level is analogous to the Prime Minister at the centre. The
Governor is the constitutional and nominal head while the Chief Minister is the real
executive. In other words, the Governor is the head of the government and the chief
minister is the head of the government. Art, 163 provides that every state shall have a
council of ministers headed by the chief minister to aid and advice the governor in the
discharge of his functions except the discretionary ones. Art. 164 provides that the chief
minister is to be appointed by the governor and other ministers on his advice. Generally, the
leader of the majority party in the legislative assembly is appointed as the chief minister.
However in case no single party gets majority support and the government is formed by a
coalition, the governor can exercise his discretion in the appointment of the chief minister.
Constitutionally, the chief minister stays in office as long as he enjoys the pleasure of the
governor.
Powers and functions
Like the Prime minister, the chief minister has been described as the “keystone of the
cabinet arch’’. Following are his powers and functions;
1. Formation of the council of ministers
The chief minister is rightly described as the creator, preserver and destroyer of the
council of ministers. The governor appoints the chief minister and the rest of the ministers
on the advice of the chief minister. It is the chief minister who prepares and recommends
the list of the council of ministers to the governor. He is central to the life and death of the
council of ministers. His resignation means resignation of the entire ministry. He can also ask
a minister to resign in case of difference of opinion.
2. Allocation of portfolios
The chief minister distributes and allocates portfolios to his ministers. He can reallocate
and reshuffle the portfolios as well.
3. Chairman of the cabinet
The chief minister is the chairman of the cabinet. He convenes and presides over the
meetings of the cabinet. He guides and directs all activities of the cabinet.
4. As a coordinator
 The chief minister coordinates all the activities of the ministers who hold different
departments. He exercises a constant supervision of over the council and is consulted by the
ministers in case of conflict between two or more them. He brings harmony and elicits
cooperation from the ministers.
5. Link between the governor and council of ministers
The chief minister acts as the chief communicating channel between the governor and his
council of ministers. He conveys to the governor about the government policies and day to
day activities and on the other hand, conveys to his council any matter suggested by the
governor.
6. Leader of the house
The chief minister is the leader of the house. He helps in maintaining discipline and
decorum in the house. He supports and defends the ministers in the floor of the house from
the queries of the opposition. He can suggest to the governor about the dissolution of the
house.
7. Leader of the party
The chief minister is the leader of the party in power. His party fights election and runs
the government under his leadership. As the leader of the party, he issues directives and
guidelines to be followed by his party men.
8. Miscellaneous
The chief minister is the chairman of the state planning board; He is also a member of the
interstate council and the National Development council, both headed by the Prime
minister. He is also the political head of the entire state services.

State Secretariat
The governor being the constitutional head of the state, he is advised and aided by a council
of ministers who heads the various departments which form the state secretariat. The state
secretariat consists of the several departments of the government which are
administratively headed by the secretaries and politically by the ministers. The chief
secretary is the head of the entire secretariat and a secretary is the head of each
department. The chief secretary and various secretaries serve the government as a whole
and not a particular individual minister.
Organisation
The secretariat departments vary from state to state their number varies from 30 to 40. The
departments which are common to most of the states are:

 General Administration Department

 Home Department
 Revenue Department
 Food and Agriculture Department
 Finance and Planning Department (Planning Wing)
 Finance and Planning Department (Finance Wing)
 Law Department
 irrigation and Power Department
 Medical and Health Department
 Education Department
 Industries Department
 Panchayati Raj Department
  Command Area Development Department
 Transport, Roads and Buildings Department
 Housing and Municipal Administration and Urban Development Department
 Labour, Employment and Technical Education Department
 Social Welfare Department
 Rural Development Department
 Forest Department
 Environment Department
 Women and Child Welfare Department

Usually, each secretary is given charge of more than one department. A department consists
of officers who are appointed for fixed tenure. It consists of a secretary, additional
secretary, joint secretary, deputy secretary, under secretary, superintendent, upper division
clerks, lower division clerks, steno-typists and clerical posts.

Functions
The State Secretariat, as the top layer of the state administration, is primarily meant to
assist the state government in policy making and in discharging its legislative functions. It
also acts "as a memory and a clearing house, preparatory to certain types of decisions and
as a general supervisor of executive action". The main functions of the State Secretariat are
broadly as follows:
i) Assisting the ministers in policy making, in modifying policies from time to time and in
discharging their legislative responsibilities. It supplies to the minister all the data and
information needed for policy formulation and provide the programmes, with content by
working out their details.
ii) Framing draft legislation, and rules and regulations.
iii) Coordinating policies and programmes, supervising and controlling their execution, and
reviewing of the results.
iv) Budgeting and control of expenditure, it prepares the annual budget of the state
government after detailed discussion or consultation with the Finance Department of the
state.
v) Maintaining contact with the Government of India and other state governments.
vi) Overseeing the smooth and efficient running of the administrative machinery and-
initiating measures to develop greater personnel and organisational competency.
vii) The secretariat looks after the appointment, of the departmental heads of various
departments, including their salaries, leave etc. and takes the necessary decisions thereof.
viii) Drafts of legislations to be introduced in the legislature by ministers are prepared by the
secretaries.
ix) The Secretariat is a channel of communication and continuity between one government
and another.
x) The Secretariat functions as an institutionalised memory. This means that the emerging
problems require an examination in the light of precedents. Records and files maintained in
the Secretariat serve as an institutional memory and ensure continuity and consistency in
the disposal of cases.