State Executive Srishti srivastava
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Introduction -India is a union of 29 states and 7 Union Territories -Indian Constitution has a federal system -There are 2 levels of executive -union and state At the State -the Governor like the President, acts as a nominal head and the real powers are exercised by the Council of Ministers headed by the Chief Minister -The members of the Council of Ministers at the State level are also collectively and individually responsible to the lower House.
Comparison to union . The Union executive consists of: . the President * the Vice-President the Council of Ministers with the Prime Minister as the head to aid and advise the President. Article 52 to 78 in Partv
The organ of a government that primarily looks after the function of implementation and administration is known the Executive. accountable for the implementation of laws and policies legislated by the legislature
The President is the formal head of the government. The Prime Minister and the Council of Ministers have support of the majority in the Lok Sabha and they are the real executive.
Governor Constitution says ,There has to be a Governor for each State If needed one person may be appointed Governor for even two or more States. The executive authority of every State is vested in the Governor of the state
Appointment The Governor of a State is appointed by the President of India. There is no bar on re-appointment of a Governor either in the same State or in different States. The Governor is not elected but is appointed.
President's election The President is elected by an Electoral College Nominated members of Parliament and members of State Legislative Councils are not members of the Electoral College. The election is held by means of single transferable vote system of proportional representation. The voting is done by secret ballot
this is a system to determine the value of vote of each member of Parliament and Legislative Assembly so as to ensure equality. The value of vote of each member of Legislative Assembly of a state- (Total population of the State/ Number of elected members of State Legislative Assembly)*(1/1000)
(Total number of votes of Member of all the State Legislative Assemblies / Total number of elected Members of both Houses of Parliament)
Allowances -He/she is entitled to a rent-free residence which is called Raj Bhawan. His/her emoluments, allowances and privileges are specified by the law However the emoluments and allowances of the Governor cannot be reduced during his tenure salary from consolidated fund of India.
Immunities to Governor Shall not be answerable to any court for exercise duties and performance of powers of his office . No criminal proceedings can be instituted or continued in any court during his terms of office
No process for arrest or imprisonment of governor from any court during his terms of office Civil proceedings against him, in which relief is claimed, can be instituted giving 2 months prior notice
Legislative Powers of governor . He has Power to nominate1 member to lower house (Legislative assembly) from Anglo Indian community He can nominate 1/6th of total number of members to upper house (Legislative council) . Summons state legislature, prorogue either house & can dissolve legislative assembly No bill can become a law until the Governor signs it
.He has power to dissolve the State Assembly before the expiry of its term on the advice of the Chief Minister or as directed by the President. . Causes the annual Budget to be presented in Vidhan Sabha (Legislative assembly) No money bill/ ordinary bill financial bill can be introduced in the Assembly without his prior approval
Financial Powers of governor No money bill / ordinary bill / financial bill can be introduced in the Assembly without his prior approval. No demand for grant can be made in vidhan sabha except on his recommendations
Emergency Powers Constitutional machinary of states break down- Governor has Power to tell President whenever he thinks that a situation has arisen in which accordance with the provisions of the constitution, thereby, inviting President to assume to himself function of government of the state
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.
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
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
. 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
The Chief Minister is the sole link of communication between the Cabinet and the Governor .The Governor has the right to be informed by the Chief Minister about the decisions taken by the Council of Ministers
The Chief Minister furnishes such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for. . If the Governor so requires, the Chief Minister submits for consideration of the Council of Ministers any matter on which a decision has been taken by a minister but which has not been considered by the Cabinet.
.The Council of Ministers is the real executive in the State The position of the State Council of Ministers largely depends upon the strength of the ruling party in. The position in vidhan savha . As long as the Chief Minister and his Council of Ministers enjoy the confidence of majority in the Legislative Assembly he exercises the real executive power in the State
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