T1 COI Assignment

State Executive:
The State Executive consists of the Chief Minister, the Council of Ministers and
the Governor. It has the same Parliamentary pattern as followed by the Union
Government with the upper hand being given to the Union in certain matters.
This has been done to maintain the unitary spirit of the structure of the country.
The Governor plays the twofold role of being the constitutional head at the
stage level as well as being a link between the state government and the centre.
He/she acts on the advice of the Council of Ministers and all executive actions
are taken in his name.

Governor:

Article 153 of the Indian Constitution provides for every State to have a
Governor. Just like the President is the nominal head of the republic, the
Governor is the nominal head of a state. This means that he/she has powers and
functions similar to the President of India but operates at the state level, with the
real power lying in the hands of the state Chief minister and his/her council of
ministers. Further, the 7th Constitution Amendment Act of 1956 has added a
provision under Article 153 which provides for the same person to act as the
Governor of two states simultaneously. The term of office of the Governor is 5
years.

Appointment, Tenure and Removal of a Governor:

Appointment of a Governor is talked about under Article 155 and information
regarding his tenure and removal are provided under Article 156. It states that
the President appoints the Governor by warrant under his hand and seal i.e.,
bearing his seal and signature. The Governor shall hold office as long as he/she
enjoys the pleasure of the President. The Governor may resign his office by
writing under his hand i.e., a written letter undersigned by him addressed to the
President. In accordance with the foregoing provisions of this article, the
Governor’s term of office shall be five years from the date on which he/she
enters upon his office, provided that the Governor shall continue to hold office
until his/her successor enters upon his office, notwithstanding the expiration of
his term.

Chief Minister:

The Chief Minister's position in the state is comparable to that of the Prime
Minister at the centre. The Governor appoints the Chief Minister, according to
Article 164 of the Constitution. The state’s Chief minister is chosen from
among the leaders of the parties that received the most votes in the assembly
elections. The Governor has formal executive authority, while the Chief
Minister has real executive authority. The UPSC Indian Polity and Governance
Syllabus includes Chief Minister which is described in this article.

The Chief Minister - Appointment Process:

The governor appoints the leader of the largest party of the house or leader
chosen by the largest coalition to become the chief minister.

If no party has a clear majority, the governor may use situational discretion. He
may appoint a leader as chief minister and then demonstrate his majority on the
floor of the parliament.
If the chief minister dies without a successor, the governor may pick one at his
discretion; however, if the ruling party nominates someone, the governor has no
choice but to appoint that person.

If the CM does not become a member of either house within six months, he
loses his position as CM. The governor appoints the CM, but the governor
cannot dismiss him until he has a majority in the house.

Following the general election for the State Legislative Assembly, the party or
coalition that obtains a majority in the House elects its leader and notifies the
Governor. The Governor then names him Chief Minister and instructs him to
form a Council of Ministers.

When the State Legislative Assembly lacks a clear majority, the Governor often
approaches the leader of the single largest party to form a government.

Powers and Functions of the Chief Minister:

● The governor only appoints ministers who have been proposed by the
Chief Minister.
● He reassigns and reshuffles ministerial portfolios.
● Because the Chief Minister is the head of the council of ministers, he can
bring the council of ministers to an end by quitting.
● The Chief Minister serves as a liaison between the Governor and the state
council of ministers, as per the provisions given in Article 167 of the
Constitution.
● The Governor is advised by the CM on the appointment of significant
authorities such as the advocate general, chairman and members of the
State Public Service Commission, and members of the State Election
Commission, among others.
● He recommends dissolution of legislative assembly to the Governor.
State council of ministers:

State Council of Ministers are analogous to Central Council of

Ministers. Article 163 of Indian Constitution provides that the Governor is
aided and advised by the State Council of Ministers. The Chief Minister is in
charge of the state council of Ministers. On the advice of the CM, the governor
appoints ministers to the council. The UPSC Indian Polity and Governance
Syllabus includes State Council Of Ministers which is described in this article.

State legislative council / Vidhan Parishad:

Legislative Council (Vidhan Parishad) of a state comprises not more than one-
third of total number of members in legislative assembly of the state and in no
case less than 40 members (Legislative Council of Jammu and Kashmir has 36
members vide Section 50 of the Constitution of Jammu and Kashmir). About
one-third of members of the council are elected by members of legislative
assembly from amongst persons who are not its members, one-third by
electorates consisting of members of municipalities, district boards and other
local authorities in the state, one-twelfth by electorate consisting of persons who
have been, for at least three years, engaged in teaching in educational
institutions within the state not lower in standard than secondary school and a
further one-twelfth by registered graduates of more than three years standing.
Remaining members are nominated by Governor from among those who have
distinguished themselves in literature, science, art, cooperative movement and
social service. Legislative councils are not subject to dissolution but one-third of
their members retire every second year.