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MCN 202 Constitution of India: The State Executive
MCN 202 Constitution of India: The State Executive
MCN 202 Constitution of India: The State Executive
MODULE 4
The State executive, the Governor, the council of ministers, the Chief Minister,
advocate general, union Territories .The State Legislature, composition,
qualification and disqualification of membership, functions. The state judiciary,
the high court, jurisdiction, writs jurisdiction.
The Governor
Appointment of Governor
The governor is neither directly elected by the people nor indirectly elected by
a specially constituted electoral college as is the case with the president.
He is appointed by the president by warrant under his hand and seal.
A governor holds office for a term of five years from the date on which he enters
upon his office.
The President may transfer a Governor appointed to one state to another state for
the rest of the term.
Further, a Governor whose term has expired may be reappointed in the same state
or any other state.
2. Legislative Powers
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 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. Similarly, he can appoint any member of the state legislature council to
preside over its proceedings when the offices of both Chairman and Deputy
Chairman 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 nominate one member to the state legislature assembly from the Anglo-
Indian Community.
3. Financial Powers
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.
No demand for a grant can be made except on his recommendation.
He can make advances out of the Contingency Fund of the state to meet any
unforeseen expenditure.
He constitutes a finance commission after every five years to review the financial
position of the panchayats and the municipalities.
4. Judicial Powers
He can grant pardons, reprives, respites and remissions of punishment or suspend,
remit and commute the 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.
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.
Chief Minister
The governor is the nominal executive authority (de jure executive) and the Chief
Minister is the real executive authority (de facto executive).
The governor is the head of the state while the Chief Minister is the head of the
government.
Thus the position of the Chief Minister at the state level is analogous to the
position of prime minister at the Centre.
Chief Minister is the head of the state government.
Term of office
The term of the Chief Minister is not fixed and he holds office during the pleasure
of the governor. However, this does not mean that the governor can dismiss him
at any time.
He cannot be dismissed by the governor as long as he enjoys the majority support
in the legislative assembly.
But, if he loses the confidence of the assembly, he must resign or the governor
can dismiss him.
State Legislature
Articles 168 to 212 in Part VI of the Constitution deal with the organisation,
composition, duration, officers, procedures, privileges, powers and so on of the
state legislature.
Oath or Affirmation
Every member of either House of state legislature, before taking his seat in the
House, has to make and subscribe an oath or affirmation before the governor
In this oath, a member of the state legislature swears:
(a)To bear true faith and allegiance to the Constitution of India
(b) To uphold the sovereignty and integrity of India
(c) To faithfully discharge the duty of his office.
Appointment of Judges
The judges of a high court are appointed by the President.
The chief justice is appointed by the President after consultation with the chief
justice of India and the governor of the state concerned.
Qualifications of Judges
He should be a citizen of India.
He should have held a judicial office in the territory of India for ten years; or (b) He
should have been an advocate of a high court (or high courts in succession) for ten
years.
Tenure of Judges
The Constitution has not fixed the tenure of a judge of a high court. However, it
makes the following four provisions in this regard:
He holds office until he attains the age of 62 years5. Any questions regarding his
age is to be decided by the president after consultation with the chief justice of
India and the decision of the president is final.
He can resign his office by writing to the president.
He can be removed from his office by the President on the recommendation of
the Parliament.
He vacates his office when he is appointed as a judge of the Supreme Court or
when he is transferred to another high court.