Module 4

I. The State Executive:-

Our constitution provides for a federal government, having separate systems of administration
for the Union and its units, namely, the States. The Constitution lays down a uniform structure for the
state government, which is applicable to all the states except the State of Jammu & Kashmir which has a
separate constitution for its State government.
Broadly speaking, the pattern of government in the states is the same as that for the Union
namely, a parliamentary system – the executive head being a constitutional ruler who is to act according
to the advice of Ministers responsible to the State Legislature – except in matters in respect of which the
Governor of a State is empowered by the Constitution to act 'in his discretion'.

A. The Governor:-
Governor is at the head of the executive power of the State just as the President stands at the
head of the executive power of the Union. He plays twofold function; as the constitutional head of the
State government and as a link between the centre and the state government. 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. As the executive head of the state, the governor acts according to the advice of the Council
of Ministers of the State. As a nominee of the President, the Governor represents the Centre in the state
and he works as a channel of communication and contact between the State and Centre. It is his duty to
keep the centre informed of the affair of the State. The Governor also exercises his discretionary powers
as the constitutional head of the government, independent of his relations with Council of Ministers in
the state and the Union government.

Appointment and term of the office of the Governor:-

The Governor of a state is not elected but is appointed by the President and holds his office at
the pleasure of the President. Any citizen of India who has completed 35 years of age is eligible for the
office. There is no bar to the selection of a Governor from amongst members of a Legislature but if a
Member of a Legislature is appointed as a Governor, he ceases to be a Member immediately upon such
appointment. The normal term of a Governor's office shall be 5 years. There is no bar to a person being
appointed as a Governor twice.

Qualifications for appointment as Governor:-

Article 157 states that the eligibility criteria for a person to be appointed as a Governor:-
1) He should be a citizen of India.
2) Must have completed the age of 35 years.
3) Shall not hold any other office of profit.
4) Not be a member of either house of parliament or house of the state legislature.
5) Not be a resident of the same state. (It is a tradition, not mentioned in the constitution)

Functions and powers of the Governor:-

The Governor has no diplomatic or military powers like the President, but he possesses executive,
legislative and judicial powers like the President.
1) Executive:-
Apart from the power to appoint his Council of Ministers, the Governor has the power to
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appoint the Advocate General and the members of the State Public Service Commission. The Ministers
as well as Advocate- General hold office during the pleasure of the Governor, but the members of State
PSC cannot be removed by him, they can be removed only by the President on the report of the Supreme
Court and in some cases of disqualifications.
The Governor has no power to appoint Judges of the State High Court, but he is entitled to be
consulted by the President in the matter. Like the President, the Governor has the power to nominate
members of the Anglo- Indian community to the Legislative Assembly of his state (but, only one
member).
2) Legislative:-
As regards legislative powers, the Governor is a part of the State Legislative, just as the President
is a part of the Parliament. He has the right of addressing and sending messages, and summoning,
proroguing and dissolving the State Legislature. He has the power to lay before the State Legislature, the
annual financial statement and of making demands for grants and recommending money bills.
3) Judicial:-
The Governor has the power to grant pardons, reprieves, respites or remission of punishments
or to suspend, remit or commute the sentence of any person convicted of any offence against the law.
He is also consulted by the President in the appointment of the Chief Justice and the judges of the High
Court of the State.
4) Financial power:-
A money bill cannot be introduced in the Legislative Assembly of the State without the
recommendation of the Governor No demand of rants can be made except on the recommendation of
the Governor. The Governor is required to lay before the House or houses of the Legislature the annual
financial statement, known as Budget. The Governor can also make advances out of the Contingency
Fund of the state to meet any unforeseen expenditure. Moreover, he constitutes the State Finance
Commission.

B. The Council of Ministers:-

The provisions relating to the Council of Ministers of the Governor are similar to those relating
to the Council of Ministers of the President.

Appointment of Council of Ministers:-

The head of the State Council of Ministers is the Chief Minister. The Chief Minister is appointed
by the Governor, while the other ministers are appointed by the Governor on the advice of the Chief
Minister.
The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State
and individually responsible to the Governor. The ministers are jointly responsible to the legislature. He/
they is / are publicly accountable for the acts or conducts in the performance of duties. Any person may
be appointed as a Minister (proved he has the confidence of the Legislative Assembly), but he ceases to
be a Minister if he is not or does not remain, for a period of 6 consecutive months, as a member of State
Legislature. The salaries and allowances of Ministers are governed by laws made by State Legislature.

Functions of Council of Ministers:-

1) Formulation of policies:-
The ministers formulate the policies of the government. The Cabinet takes decisions on all major
problems like public health, relief of the disabled and unemployed, water storage, land tenure etc. When

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it has formulated a policy, the appropriate department carries it out.
2) Appointments:-
The Governor on the advice of ministers shall appoint the advocate- general, members of the
State PSC, the Vice- chancellors of the State universities, members of various boards and commissions.
3) Control over the State Exchequer:-
The state budget containing the estimates of income and expenditure for the financial year is
placed by the Finance Minister before the State Legislature.
4) Guiding the legislature:-
Most of the Bills passed by the Legislature are government bills, prepared in the Ministries. They
are introduced, explained and defended in the State Legislature by the ministers.
5) Administration and maintenance of public order:-
The constitution empowers the Governor to make rules for the more convenient transaction of
the Business of the government. All such rules are made on the advice of the Council of Ministers.
6) Execution of the Central laws and decisions of the Union Government:-
The Union Government is empowered to give directions to the state governments in certain
matters. The states should exercise their executive power so as to ensure compliance with the laws made
by Parliament. They should not do anything which would hamper the executive power of the Union.

C) The Chief Minister:-

The Chief Minister is the real executive authority in a state. The position of the Chief Minister
at the state level is similar to the position of Prime Minister at the centre. The Chief Minister can anytime
recommend the Governor for the dissolution of the State Legislative Assembly. The Chief Minister
allocates and reshuffles the portfolios among ministers. He advises the Governor with regard to the
appointment of important officials like Advocate General, Chairman and members of the State PSC,
State Election Commission etc. Chief Minister is the chairman of the State Planning Board as well as
the political head of the services in the state.
Article 167(a) says that it is the duty of the Chief Minister of State to communicate all decisions
of the Council of Ministers relating to the administration of the State and proposals for legislation. If
the Governor asks him to furnish such information it is the duty of the Chief Minister to do so.
Article 167(c) further strengthens the rule of collective responsibility and gives power to the
Chief Minister to review the decision taken by any minister individually. When a decision is taken by any
minister without reference to the cabinet, Governor may require it to be considered by the cabinet. The
Governor cannot override a decision of Minister. If the cabinet stands behind the Minister, the Governor
is bound to accept his decision. If, however the cabinet does not uphold his decision he will have to quit
the ministry. If he insist to remain, he will be dismissed by the Governor on advice of the Chief Minister.
It is a safeguard which ensures the working of the principle of collective responsibility and the power of
the Chief Minister.

The powers and functions of Chief Minister

The powers and functions of Chief Minister are as follows:
1) To Aid and Advice the Governor:-
The Chief Minister is the link between the Cabinet and the Governor. It is he who communicates
to the Governor all decisions of the Council of Ministers. He has to furnish such information relating
to the administration of the State as the Governor may call for. The Governor can submit to the

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consideration of the Council of Ministers any matter on which decision has been taken by a Minister but
which has not been considered by the Council of Ministers.
2) The Chief Minister is at the Head of the Council of Ministers:-
As Head of the State Cabinet, the Chief Minister enjoys the following powers: (i) Formation of
the Ministry: The other Ministers are appointed by the Governor on the advice of the Chief Minister.
The Chief Minister has a free hand in preparing the list of his colleagues. The Governor may suggest the
names of the persons to be included in the Ministry, but he cannot insist upon any person to be included
in the Ministry. Assigning departments or portfolios to the Ministers is done by the Governor on the
advice of the CM. The CM can allocate and reshuffles portfolios among ministers.
3) The activities of all ministers are coordinated, guided and controlled by the chief minister.
4) The meetings of the council of ministers are presided by him
5) He influences the decision of the council of ministers.
6) He can ask the governor to dismiss any minister or he can ask a minister to resign.
7) If the chief minister resigns that the government also collapses.
8) Chairman of the state planning board

D) The Advocate General:-

Each state shall have an Advocate General for the state (Article 165), an official corresponding
to Attorney General of India, and having similar functions for the state. The Advocate General is the
highest law officer. He is responsible to assist the state government in all its legal matters. He shall be
appointed by the Governor and shall hold office during the pleasure of the Governor. Only a person
who is qualified to be a judge of a High Court can be appointed as Advocate General. He shall have the
right to speak and to take part in the proceedings of the Houses of Legislative of the State. The following
are the rights of Advocate General:-
a) In the performance of his office duties, he has the right of audience in any court in the state.
b) He has the right to speak or to take part in the proceedings of state legislature but without a right to
vote.
c) He has the right to speak or to take part in the meeting of any committee of the state legislature of
which he is named as a member, but without a right to vote.
d) He enjoys all the privileges an immunities that are available to a member of state legislature.

Functions of Advocate General:-

1) He gives advice to the government of the state upon such legal matters which are referred or assigned
to him by the Governor.
2) He performs such other duties of a legal character that are referred or assigned to him by the governor.
3) He discharges the functions conferred on him by or under the constitution or any other law.
4) He represents the government in all cases entrusted to him by the Government

II. The State Legislature

The State Government deals with internal security and other state issues. Each state has a
legislative assembly. Though a uniform pattern of government is prescribed for the states, in the matter
of the composition of the Legislature, the constitution makes a distinction between the bigger and

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smaller states. There is no uniformity in the organization of state legislature. A State Legislature that has
one house i.e., State Legislative Assembly (Vidhan Sabha) is a unicameral legislature. It is the lower house
and corresponds to the Lok Sabha. A State Legislature that has two houses known as State Legislative
Assembly (Vidhan Sabha) and State Legislative Council (Vidhan Parishad), is a bicameral legislature. It is
the upper house and corresponds to Rajya Sabha of the Indian Parliament.
22 states have unicameral system. Only 7 states [Andra Pradesh, Bihar, Karnataka, Maharashtra,
Telangana, Uttar Pradesh and Jammu & Kashmir] have bicameral legislature i.e., legislative assembly and
legislative council.

Composition of Legislative Assembly (Vidhan Sabha):-

The Legislative Assembly of each state shall be composed of members chosen by direct election
on the basis of adult suffrage. The number of members of the Assembly shall be not more than 500 nor
less than 60. The Assembly in Mizoram and Goa shall have only 40 members each. There shall be a
proportionately equal representation according to the population within a state. The Governor has the
power to nominate one member of Anglo- Indian community to the Assembly. The normal duration of
the Legislative Assembly is 5 years.
Composition of Legislative Council (Vidhan Parishad):-
The members of the Legislative Council are indirectly elected and nominated. The maximum
strength of the council is fixed at 1/3rd of the total strength of the legislative assembly and the minimum
strength is fixed at 40. Of the total number of members of a Legislative Council;
• 1/3 are elected by the members of Panchayats, municipalities, district board etc.
• 1/3 are elected by the members of the Legislative Assembly.
• 1/2 are elected by the teachers of 3 years standing and residing within the state.
• The remaining 1/6 are nominated by the governor from amongst persons having special
knowledge or practical experience in art, literature, science, social service and co-operative
movement.
Like Rajya Sabha, the Legislative Council is a permanent body and is not subject to
dissolution. One third of its members retire every 2 years.
Qualification for membership in State Legislative Assembly and Council:-
The person must be a;
• Citizen of India
• Not less than 25 years of age to Assembly and 30 years for Council

Disqualification of membership in State Legislative Assembly and Council:-

A person shall be disqualified if he;
• Holds any office of profit under the government of India.
• Is of unsound mind as declared by a court
• Is an undischarged insolvent
• Is not a citizen of India
• Is so disqualified by or under any law made by parliament (e.g.; conviction by a court, having been
found guilty of corrupt or illegal practice in relation to election, being a director or managing
agent of a corporation in which government has a financial interest etc.)

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Functions of the State Legislature:-
1) Legislative Functions:-
The Assembly has the sole right to legislate. All the laws must be passed by it. Where there is a
bicameral legislature, the ordinary bills can be introduced in any of the Houses. A bill passed by the
Legislative Assembly is sent to the Legislative Council which has to pass it or return it with
recommendations to the Legislative Assembly. If the Legislative Assembly passes that Bill once again
either with recommendations of the Council or without those, it shall be deemed to have been passed by
both the Houses. As regards Money Bills, these can be introduced only in the Legislative Assembly. Once
the Bill is passed by the Legislature it is sent to the Governor for his/ her assent.
2) Control over the Executive:-
The State Legislature keeps control over the executive. The Council of Ministers is responsible
for Legislative Assembly collectively. The Council of Ministers is removed if the Legislative Assembly
adopts a motion of no-confidence against it. Moreover, The State Legislature keeps checks on the
government by asking questions and supplementary questions, moving adjournment motions and calling
attention notices.
3) Electoral Functions:-
The elected members of the Legislative Assembly are members of the Electoral College for the
election of the President of India. The members of the Legislative Assembly also elect the members of
the Rajya Sabha from their respective States. Moreover, they elect one-third members of the Legislative
Council of their own State.
4) Financial Functions:-
The State Legislature keeps control over the finances of the State. A Money Bill is introduced
first only in the Legislative Assembly. The money bill includes authorization of the expenditure to be
incurred by the Government, imposition or abolition of taxes, borrowing, etc. The bill is introduced by
a Minister on the recommendations of the Governor.

III. The Union Territories

A Union Territory is a type of administrative division in the Republic of India. Unlike the States
of India, which have their own governments, union territories are federal territories governed, in part or
in whole by the Central Government of India.
Current Union Territories are:-
• Andaman and Nicobaar Islands
• Chandigarh
• Dadra and Nagar Haveli
• Daman and Diu
• Delhi
• Jammu& Kashmir
• Ladakh
• Lakshadweep
• Puduchery
Delhi, Puduchery and Jammu& Kashmir operate differently from the other 5 union
territories. They were given partial statehood and Delhi was redefined as the National Capital Territory
(NCT) and incorporated into a larger area known as the National Capital Region (NCR). Delhi,
Puduchery and Jammu& Kashmir have an elected legislative assembly and an executive council of
ministers with partly state like functions.
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IV. State Judiciary

Article 214 states that, there shall be a High Court in each state. The High Court stands at the
head of the Judiciary in the State. Every High Court shall consist of a Chief Justice and such other judges
as the President of India may appoint.
Appointment and conditions of appointment:-
Every Judge of High Court shall be appointed by the President with the consultation of the
Chief Justice of India and the Governor of the State. A Judge of the High Court shall hold office until
the age of 62 years. The qualification for eligibility as a Judge in High Court are that;
• He must be a citizen of India, not being over 62 years.
• He must be an advocate of High Court for 10 years.
Every Judge- permanent, additional or acting- may vacate his office earlier in any of the following ways:-
• By resignation in writing addressed to the President
• By being appointed as a Judge of the Supreme Court or being transferred to any other High
Court by the President
• By removal by the President

Jurisdiction of the High Courts:-

The High Court's jurisdiction can be classified as:-
a) Original Jurisdiction
b) Appellate Jurisdiction
c) Supervisory Jurisdiction

1) Original Jurisdiction:-
This is the jurisdiction of the High Court to hear cases for the first instance and not by means
of appeals. The Original Jurisdiction may be exercised in the following issues relating to:-
• Dispute between parliament and State Legislature
• Disputes regarding admiralty divorce, testamentary, matrimonial, guardianship matters, contempt
of court etc.
• Enforcement of fundamental rights
• Cases which involve the question of law
2) Writ Jurisdiction:-
A very significant aspect of the Indian Constitution is the jurisdiction it confers on the High
Courts to issue writs. It constitutes the High Court into guardians of the people's legal rights (Article
226). The Jurisdiction of the High Court under Article 226 cannot be taken away by any legislation. Even
when the legislature declares the action or decision of an authority final, and ordinary jurisdiction of the
court is barred, a High Court is still entitled to exercise its writ jurisdiction. A High Court does not
ordinarily issue a writ when an alternative efficient remedy is available.

3) Appellate Jurisdiction:-
A High Court is mainly a court of appeal. Appeals against judgements of subordinate courts
functioning in its territorial jurisdiction are headed by the High Court. The appellate jurisdiction of a
High Court is wider than its original jurisdiction. This power is divided into 2 categories; civil appellate
jurisdiction and criminal appellate jurisdiction.

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4) Supervisory Jurisdiction:-
According to Article 227 of the Constitution, the High Court is provided with the 'power of
superintendence over all courts and tribunals within its territorial jurisdiction' [except armed forces
tribunals]. This jurisdiction cannot be limited by an act of the State Legislature. The supervisory
jurisdiction extends to keeping the subordinate tribunals within the limits of their authority and according
to law.

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