CONSTITUTION OF INDIA

Module 4
(4.1) ◼◼ THE STATE EXICUTIVE
◼◼THE GOVERNOR
◼◼THE COUNCIL OF MINISTERS
◼◼THE CHIEF MINISTER
◼◼ADVOCATE GENERAL
◼◼UNION TERRITORIES
Presented by
AMRUTHAUNNI. V
CE-20
 STATEEXECUTIVE
⬛️ Articles 153 to 167 under part VI of the constitution deal
with state executive.

⬛️ The state executive consists of....

◼◼ The Governor

◼◼ The Chief Minister

◼◼ The Council of Ministers

◼◼ The Advocate General

 (1) GOVERNOR

⬛️ Article 153 says that there shall be a governor for each

state.
⬛️ TheGovernors in India are the constitutional heads. They
are heads of the 29 states.
⬛️ Constituitional heads of the Union Territories are called
Lieutenant Governors.
 Qualifications of Governor
⬛️ Articles 157 and Article 158 of the constitution of india specify
eligibility requirements for the post of governor. They are as follows ;

◼◼ He should be a citizen of India

◼◼He should have completed the age of 35 years

◼◼Not be a member of the either house of the Parliament or house

of the state legislature
◼◼Not hold any other office of profit
⬛️ The Governor of the states is appointed by the President

⬛️ The oath of office to the governor is administrated by the chief justice

of the state High Court and in his absence, the senior most judge
available.

⬛️ Governor holds office for a term of 5 years. However this term of five
years is subject to the pleasure of the President. He may be removed by
the President at any time.

⬛️ The Constitution does not lay down any ground upon which a
Governor may be removed.
 ⬛️ The Governor gives his resignation letter to the President.

⬛️ All exicutive actions of the government of a state are formally taken in

the name of Governor

⬛️ He appoints the chief minister, and their ministers are also appointed by
the Governor but only on the advice of the chief minister.Also appoints
the Advocate General, State Election Commissioner, etc

⬛️ Money bills can be introduced in the state legislative assembly only with
the prior recommendation of the Governor.
⬛️ Governor can grant pardon the punishment of any person covicted of
any offence against any law relating to a matter to which the exicutive
power of the state extends.

⬛️ The current Governer of Kerala State –Arif Mohammed Khan (since

2019)

Arif Mohammad Khan

 (2) COUNCIL OF MINISTERS

⬛️ Every state in india is governed by its council of ministers with

rules and procedure similiar to union council of minister per
Articles 163,164 and 167(c).

⬛️ The procedure for the formation of the Council of Ministers at

the state level is the same as in the case of the Union of
Ministers. After each general election, the party or the group
which secures majority in the State Legislative Assembly elect its
leader. The Governor then summons him to form the ministry.
⬛️ The strength of the State Council of Ministers cannot be more than
15% of the strength of State Legislative Assembly.
Categories of Ministers in the state Council of Ministers
(a)Cabinet Ministers: (b)Ministers Of State :
Cabinet Ministers are those ministers who They enjoy number two status in
are given cabinet rank. They hold the Ministry. They do not attend
independent charge of the important the meeting of the Cabinet. They
departments, like finance, Local Bodies, help the Cabinet ministers and
health, etc. They together determine the are attached to them in their
policies of the state. The CM and the departments. Currently, several
cabinet ministers together constitute the Parliamentary Secretaries are
State Cabinet. It is the most powerful part appointed by the Chief Minister
of the State Council Of Ministers. from amongst his party MLAs.
 (3)THE CHIEF MINISTER
⬛️ The Chief Minister is the real executive authority in a state. The position of
the Chief Minister at the state level is analogous to the position of Prime
Minister at the centre.

⬛️ The Chief Minister shall be appointed by the Governor (Article 164).

⬛️ Governor appoints the leader of the largest majority party in the

Legislative Assembly as the Chief Minister.

⬛️ Other ministers are also appointed by the Governor but only on the advice of
the Chief Minister.
⬛️ A person who is not a member of the state legislature can be appointed as
the Chief Minister but only for six months,within which he should be a
member of State Legislature.
Eligibility
⬛️ A Citizen of India

⬛️ Should be a member of the state legislature of 25 years of age or more

Powers &Functions of the Chief Minister
⬛️ The Chief Minister has the power of forming a minister of his choice. The
Constitution gives him the freedom to selects his ministers. He is quite
free in the choice of his ministers.
 (3)Advocate General

⬛️ The Advocate General is appointed by the Governor .

⬛️ He must be a person who is qualified to be appointed as a judge of a high
court.
⬛️ He holds office during the pleasure of the Governor.
⬛️ He gives advice to the State Government upon such legal matters which are
referred to him by the Governor.
⬛️ He has the right to speak and to take part in the proceedings of both the
Houses of the state legislature or any committee of the state legislature of
which he may be named a member, but without a right to vote.
 UNION TERRITORIES

⬛️ Part I(Article 1-4)of the Indian Constitution deals with union and its territory.

⬛️ Article 1 says that “India, that is Bharath, shall be a Union of states”.

Article (1-4)
◼ 1 – Name and Territory of the union
◼ 2 – Admission or establishment of new states
◼ 3 – Formation of new states and alteration of areas, boundaries or names
of existing states
◼ 4(2)- No law passed under Article 2 and 3 shall be deemed to be an
amendment of the Constitution for the purpose of Article 368.
THANK YOU......