State Government in India

State Government

Under the Constitution, each state has its own administrative organisation. Both systems of governance are covered under the Constitution. Articles 153 through 167 of the Constitution’s Part VI deal with the executive branch. A constitutional ruler who is accountable to the State Legislature and expected to act on the advice of the council of ministers heads the executive branch, much as the federal government.

Part XVI of the Indian Constitution governs state governments. Government officials include the state’s top elected officials as well as its top law enforcement officer. There is no vice-governor office in the states as there is in the federal government.

The Governor

• Governor is the chief executive head of any state and is a nominal executive just like the president. He has a dual role.
• A Governor can be appointed for two or more States according to the constitutional amendment act of 1956.
• He is appointed by the President of India and not elected by the people. 
• The process of indirect election is incompatible with this system. Also, the Governor is a nominal head so an expensive process for election is pointless. This saves time and money and also improves political unity and stability.

Powers and functions of the Governor 

His powers can be divided into four heads that are as follows

• Executive powers: Rules, orders, and documents that bear his signature are within his purview. For the convenience of all parties involved, they also handle matters relating to government officials such as council members and ministers nominated by the chief minister on his recommendation. He also appoints the state’s advocate general. Further, election commissioners’ terms of duty are set by him. Nevertheless, members and chairs of the state public service commission may only be dismissed by the president and not the governor. 
• Legislative powers: As well as overseeing the first session after each general election, he also presides over the first session every following year. The members of the state legislature are appointed by him. He decides whether a member of the bill should be disqualified. The most significant legislative authority of the Governor is the ability to issue ordinances while no legislative body is in session.
• Financial powers: He can also suggest making use of the Contingency Fund for Unexpected Circumstances. The Finance Commission is headed by him. He is the only person who can propose a money bill. It is his responsibility to ensure that the yearly financial budget is delivered to the Legislature.
• Judicial Powers: Reprieve, pardon, and remission of penalty are all options available to a governor. While appointing judges for the State high courts, he may confer with the president. He is in charge of district judges’ needs, as well as their advancement and placement. He assigns a member of the judiciary to the state’s bench.

The Chief Minister

The Chief Minister is the state’s actual or de facto leader. He is in a comparable position to the prime minister at the top of the organisation. India’s constitution refers to the Chief Minister under Article 164. There is a description of how the appointment selection process works. The head of the party in the state legislature is selected as the Chief Minister by the governor of the state, however, if there is no obvious differentiation, the Governor may select the Chief Minister. A vote of no-confidence will then be requested within the following month. When the Chief Minister swears his oath, he enters his office. He is appointed by the Governor at his or her discretion, hence the manner of appointment is not set in stone. His abilities may be summarised below:

About The Council Of Ministers

• The Governor appoints the council of ministers with the advice of the Chief Minister.
• He also allocates the portfolios after taking his advice from the Chief Minister who guides and supports all his activities.
• He may bring about the collapse of the Council of Ministers.

About The Governor

• The Chief Minister is the principal advisor to the Governor.
• He may also request and furnish information relating to the administration of the different states of affairs.

About the state legislature

• The Chief Minister enjoys the power to announce government policies on the house floor.
• He also advises the Governor regarding the procedures to be followed.
• He is also the Chairman of the state planning board and Vice Chairman of zonal councils.
• He is a member of the interstate Council, National Development Council, and is also a political head of the services.

Provisions of the Constitution

• According to Article 163, there shall be a Chief Minister and a Council of Minister to aid and advise the governor.
• According to article 164, a council shall be appointed on his advice which would be collectively responsible for the state assembly.
• Article 167 states that the chief minister shall provide any information sought by the Governor.

Conclusion

The Governor serves as the state’s top executive officer and is elected by the people of the state. He serves as a representative of the union’s administration. Because of the Governor’s administrative authority over the state, every action taken in his or her name must be done so in his or her name alone. Under Article 164 of the Constitution, the Governor picks the Chief Minister of the country by selecting leaders from among those who obtained the most votes in the state’s assembly elections. Official executive power is held by the Governor, although actual executive authority is held by the Chief Minister.