Professional Documents
Culture Documents
Prayog N. Ingale
Mis:112003049
Branch :Computer
Engineering(Div1)
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.
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.
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.
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.