State Executive Srishti srivastava
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Council Of Ministers Council of minister with CM at its head aid and advice the governor in exercise of his functions Governor is bound to follow advice of COMs except in cases where he can use his discretionary powersS . Council of minister is collectively responsible to legislative assembly of the state Any person can be appointed as the minister but ceases to be one, if he is not elected as a member of the state legislature within 6 months after his appointment as a minister
Whereas the constitution does not provide much discretionary powers to President, it empowers the governor to exercise some functions in his discretion & while exercising his discretionary powers, Governor need not seek or act according to advice rendered by COMs
Position and Role of the Governor Governor of a State is a powerful person. the Council of Ministers is responsible to the legislature and therefore, the real powers are exercised by it and not the Governor . .He/she, like the President, has to act according to the advice of the Council of Ministers, headed by the Chief Minister Hence, the Governor ordinarily has to act asa constitutional or ceremonial head
under extraordinary situations, the Governor gets an opportunity to exercise his/her authority according to his/her discretion. Since the 1967 General Elections, when several States opted for Samyukta Vidhayak Dal (SVD) governments, due to the discretionary powers, the office of the Governor has become quite controversial. The Governors have acted according to their whims and on certain occasions have tried to please the ruling party at the National Government level.
According to the constitutional experts, the Governor's role in three respects 1. recommending to the President for the proclamation of emergency, 2.appointing a Chief Minister in case no party gets a clear majority 3.deciding the fate of the Chief Minister in case of intra-party defections, has become very controversial
The deterioration in the political system and practices and fragmentation of the political parties has been at the root of these controversies Suggestions and recommendations of the Administrative Reforms Commission as well as of Sarkaria Commission have remained only orn paper,
Sarkaria Commission report on office of Governor (Recommendations only) . A politician belonging to ruling party at the center should not be appointed as governor of state being run by some other party Must be appointed after consultation witlh state concerned Must be a detached figure from state politics & must retain power to refer any bill to center for assent
The Chief Minister . Chief Minister is the head of the government in the State. The Council of Ministers with the Chief Minister as its head exercises real authority at the State level.
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