State Executive

The State Executive comes under the state government consisting of three roles as Chief Ministers, the council of ministers and the Governor. These are the responsible authorities of every state. The Karnataka civil services and other Karnataka state services assist the district magistrate or the deputy commissioner. 

The Governor

The state’s executive authority lies with the Governor, and every state’s executive actions are to be done by the Governor. In general, there is a Governor for each state. However, the same Governor can be nominated for more than two states.

• Qualifications, Term of Office and Appointment

A Governor’s appointment is made by the President and serves during the pleasure of the President. He is elected for five years. However, he may resign his post earlier by sending a resignation letter to the President. In addition, the President can also detain him from office prior to the expiration period.

To be eligible for appointment as governor, a candidate must meet specific criteria, which are as follows:

1. It is mandatory to reside in India
2. The applicant must be of 35 years
3. Should not be a member of Parliament or the State legislature
4. Should meet the required qualifications to be a member of the state’s state legislatures.
5. Must not hold any office that is a source of profits.

• Powers and Functions

The Constitution confers a wide range of powers on the Governor. The Governor is required to act on the direction of the Council of Ministers.

• Executive Powers

It is also the chief executive of the state. He carries out all state-wide executive decisions. Governor also nominates the most significant state officials, including the chief minister, ministers, advocate general, chairman, and officials of the public service commission.

• Legislative Powers

The Governor is part of the State Legislature. The Governor has the authority to:

• prorogue or summon either of the houses of the legislature and dissolve the state legislature assembly.
• address the first legislative session in the state legislature following the general election.
• send messages to legislators of the state concerning bills that are in the process of being considered in the legislature.
• select one-sixth of members of the legislative council.
• designate one representative from an Anglo-Indian community. Indian group to state legislature assembly if he feels that the community isn’t adequately represented in the state legislature.
• assent to the bills approved in the legislature of the state.
• reserve specific bills passed by the legislature to the President’s assent.
• create laws using regulations during the recess time of state legislatures.

• Financial power

He makes sure that the state budget is presented to the state legislature every year. Money bills can be presented in legislative sessions of the state upon approval from the Governor. The Governor manages the Contingency Fund of the State and may advance funds to cover unexpected expenses pending approval through the state legislature.

• Judicial power

The President advises the governor when he appoints Judges, Chief Justices for the State High Court. The Governor appoints judges to lower courts that are not part of the highest court. The Governor has the authority to issue pardons, reprieves, respites or remissions of punishment to those convicted of a crime against the state’s law.

• Emergency powers

The Governor is able to submit a rapport to President when he is satisfied that a situation has been created in which the administration of the state is not performed in line with the requirements in the Constitution (Article 356) and thus inviting for the President to accept for himself the duties of the state’s government or any one of them. If the state is placed under the President’s control, the Governor is the President’s representative in the state and takes on vast power.

Chief Minister

In the performance of his duties by the Council of Ministers headed by the Chief Minister, the Governor can choose a Chief Minister. The head of the main party of the state assembly is named the Chief Minister. He holds the same office as the Prime Minister in the central government. The term he holds is in line with the term of the state legislature. The Chief Minister proposes to the Governor names of the people to be appointed Members of the Council of Ministers and allocates the portfolios to them. He is also the primary liaison between Governors and Council of Ministers and keeps the latter updated on any decisions made by the council.

Council of Ministers

The Council of Ministers, created through the constitution to support the Governor, is composed of the Chief Minister and other ministers. When the Governor chooses a Minister, the rest of the members have been appointed by governors, on the recommendation of the Chief Minister. Anyone can be appointed as a Minister, but he can no longer serve when they are not elected as a legislator in the State legislature within six months following the appointment. Ministers are members of the Council of Ministers and are collectively accountable to the Vidhan Sabha.

Conclusion

As per the Indian Constitution, the Governor is the head of the state executive and has the state’s executive power. He has power related to administration, appointments and removal. The powers of the governor can be categorised as follows:

• The Chief Minister gets appointed by the Governor.
• Governor also appoints the other ministers as per the advice of chief ministers.
• The Chief Minister can also hold the Office of Governor during his period.
• The Governor has the right to address, send messages, summon, differ and dissolve the state legislature. 
• Being the head of the state executive, the governor also constitutes the state finance commission.