13 - The State Government

The State Government 

The General Structure 

Constitution provides for a Federal Government That is, separate systems of administration for Union and States



Same pattern of Government – Centre and State 

Executive –

Governor acting according to advice of Ministers State Legislature

Sri Rameshwar Thakur – Governor of Karnataka

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Governor 

Executive Head of State



Executive Power vest in Governor



One Governor for one state



1956 Amendment -> one Governor for more than one state

Appointment and Term of Office 

Appointed by President 1



Holds office at pleasure of President



35 years



Not hold office of profit under Government



Not a member of Union or State Legislature – if so, ceases to be member

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5 years -> term – can be reappointed



Can be terminated 

Dismissal by President 

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Resignation

Why an Appointed Governor and not an Elected Governor 1)

Save the Country form the evil consequences of another election

2)

Governor and Chief Minister become elected members both will be on par which will result in constant friction 

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Grounds not specified in Constitution

Governor -> Constitutional Head

3)

Avoidance of expenses involved in election

4)

An elected representative will soon crave for power

5)

As appointment is by President provides for Union control

6)

Election will result in separatist tendencies

Arguments against Nomination 1)

Can be a Foreigner to the State and hence will not be conducive for welfare of state

2)

Friction between Governor and Chief belonging to different Political Parties

Minister

when 2

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3)

At the centre we have elected President

4)

Fosters principle of Self Government

5)

Repugnant to the concept of Federal System

Conditions of Office of Governor

Raj Bhavan, Bangalore, Karnataka

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

Monthly emolument -> Rs. 36,000/-



Official residence – free



Allowances and Privileges as specified in The Governor’s (Emoluments, Allowances and Privileges) Act, 1982



Not diminished during term of Office

Power of Governor 

No Diplomatic or Military Powers like President



Has Executive, Legislative and Judicial Powers analogous to President

A.

Executive Powers 

Appoints the following i.

Council of Ministers

ii.

Advocate General Both hold Office at pleasure of Governor

iii. Members of State Public Service Commission 3

Removal 

Certain disqualifications



Reference by President to Supreme Court -> Report to President

iv.

No power to appoint judges to High Court -> President only to consult Governor

v.

Nominate one Anglo Indian to State Legislature when not represented

vi. Can nominate 1/6 of members of Legislative Council

B.

Legislative Powers 

Part of State Legislature i.

Addressing and sending messages

ii.

Summoning, Proroguing and Dissolving

iii. Causing to be laid before State Legislature annual financial statement

C.

D.

iv.

Making demand for grants

v.

Recommending Money Bills

Judicial Powers 

To grant pardons, reprieves, respites or remission



Suspend, remit or commute



Consulted for appointment of Judges of State and Chief Justice

Emergency Powers 

No power under Article 252 4



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Report to President regarding situation under Article 256 – President’s Rule

The Council of Ministers

Sri B. S. Yediyurappa, Chief Minister, Karnataka 2009

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

Governor as Constitutional Head to act on advice of Council of Ministers



Appointment of Council of Ministers 

Head of Council of Ministers is Chief Minister – appointed by Governor



Other ministers by Governor on advice of Chief Minister



Council of Ministers 

Collectively responsible to Legislature – Jointly and Severally



Individually responsible to Governor



Publically accountable



Should enjoy confidence of House – atleast 6 months



Salaries and Legislation

allowances

as

provided

by

State

Relationship between Governor and Council of Ministers 

Same as between President and Cabinet



Council of Ministers to aid and advice Governor

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

Governor to exercise some functions at his discretion – Decision of Governor final

A.

Provided in Constitution

B.

C.

i.

Governor of Assam shall determine the amount payable by State of Assam to District Council as Royalty accruing from licences for minerals

ii.

When appointed as Governor for adjoining State to administer independently of Council of Ministers

Special responsibilities of Governor in consultation with Council of Ministers but ‘In his individual judgement’ which cannot be questioned in Court of Law: i.

Governor of Maharashtra or Gujarat to take steps to develop certain areas in State such as Vidarabha and Saurashtra

ii.

Governor of Nagaland to prevent internal disturbances caused by Nagas

iii.

Governor of Manipur to secure proper functioning of Committee of Legislative Assembly consisting of members elected from Hill Areas of that State

iv.

Governor of Sikkim 

Ensure equitable Advancement of population of Sikkim



Under direction of President

Governor’s Discretion in Practice in Certain Cases i.

Governor to make report to President breakdown of Constitutional Machinery

regarding



Only if alternate Government cannot be formed



President keep himself informed through Governor

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ii.

In case of Proclamation under Article 356 Governor to act as Agent of President

iii.

Object to Bill 

Effect powers of Union



Contravene provisions of Constitution

President’s Control over Governor 

When Governor acts in his discretion or under special responsibility



In appointment and removal

Whether Governor competent to Dismiss Chief Minister 

Governor can dismiss individual member at a time



Dismiss of Council of Ministers and Chief Minister on ground of lack of Confidence by testing it on the floor of House

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