State Executive Srishti srivastava
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Discretionary Powers Governor of Assam has power to determine the amount payable by the state to district council as royalty, accruing from the license for minerals .Governor of a state to act as administrator of an adjoining Union Territories can exercise his functions as administrator independent of his Council of Ministers in said Union Territories.
There are special cases, Governor has special responsibilities, where he seeks the advice of his COMs, but is not bound to follow them. President may direct that governor of Maharashtra or Gujrat who have special responsibility for taking steps for the development of certain areas in the state such as vidarbha, Saurashtra Governor of Nagaland have the responsibility with respect to law and order in state mainly due to internal disturbances caused by hostile Nagas
. In Manipur governor shall have special responsibility to secure proper functioning of committee of legislative assembly consisting of members elected from hill areas of state Responsibility of governor of Sikkim for peace and social and economic advancement (Equitable arrangement) of different sections of population of Sikkim Governor sends report to the President that the gov. of state can not be carried on, in accordance with the constitution. He makes such report purely on his discretion, not on advice of COMs
In matters relating to reservation of bill for consideration of President, Governor may act on his own Appointment of CM, if no political party has a clear cut majority or does not have an acknowledged leader Dismissal of ministry, when it refuses to resign after losing majority support in house via no confidence motion .Dissolution of legislative assembly on advice of council of minister who has lost majority support in house
Bill Reserved by Governor When a Bill is reserved by a Governor, under the Article 201, for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent there from- Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.
. When the bill is again presented to the President for the assent, the president is not bound to give his assent to the Bill. This means that the statee legislature cannot override the veto power of the President. The Constitution has also not prescribed any time limit within which the President has to take decision with regard to a bill reserved by the governor for his consideration . the President can exercise pocket veto in respect of state legislation also
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
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.
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 is appointed by the Governor the person who has majority support in the State Legislative assembly is appointed as CM The other Ministers are appointed by the Governor on the advice of the Chief Minister .The ministers included in the Council of Minister's must belong to either House of the State legislature.
. A person who is not a member of the State legislature may be appointed a minister but he/she should be elected to the State legislature within six months of his appointment. The portfolios to the members of the Council of Ministers are allocated by the Governor on the advice of the Chief Minister
Chief minister- role and functions real head of the State Government. advice of the cnietinted ty the Governor on the advice of the Chief Minister . .The Governor allocates portfolios to the ministers on the advice of the Chief Minister. Chief Minister presides over the Cabinet meetings. He/she coordinates the functioning of differemt ministries and also guides the functioning of the Cabinet.
Advocate General of State He Has right to participate in proceedings of the house or houses of state legislature He does not have right to vote Right to audience in any state court Gives advice to state government upon legal mattersS Enjoys all legislative privileges available to members of legislature
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