The State Executive (Article 152 - 167)

State Executive consists of governor, chief minister, council of ministers and the advocate General of India.

Governor of the State

Governor is the constitutional head of the state. Governor is appointed by the President and not elected. Governor is the chief executive head of the state. He is a nominal or titular head. He acts as the agent of central government. Same person can be appointed as the governor for two or more states. The emoluments and allowances payable to him are shared by the states in such a proportion as determined by the President. Inorder to be appointed as a Governor of a State. He must be a citizen of india, be atleast thirty-five years old. He must not be a member of the either house of the Parliament or house of the state legislature, not hold any other office of profit. Governor nominates one member of the Anglo-Indian community to the legislative assembly of his state. During his term of office, he cannot be arrested or imprisoned. However after giving two months notice, civil proceedings can be instituted. Oath of Office of governor is administered by the chief justice of the concerned state high court and in his absence, the senior most judge of that court available. A Governor possesses Executive, Legislative, Financial and Judicial Powers analogous to the President of India. Governor has no power to pardon death sentence.

Indian Constitution does not provide any procedure to remove Governor. Governor appoints the leader of the majority party in the state legislative assembly as the Chief Minister. The Governor also appoints the other members of the council of ministers and distributes portfolios to them on the advice of the chief minister. Governor appoints the Advocate General and the chairman and members of the State Public Service Commission. The President consults the Governor in the appointment of judges of the High Courts and the Supreme Court of the District Courts. 

A bill that the state legislature has passed, can become a law only after the Governor gives assent. The Governor can return a bill to the state legislature, if it is not a money bill, for reconsideration. However, if the state legislature sends it back to the Governor for the second time, the Governor must assent to it. The term of Governor's office is normally 5 years but it can be terminated earlier by 

1. Dismissal by the President on the advice of the Prime Minister of the country, at whose pleasure the Governor holds office.

2. Resignation by the governor.

There is no provision of impeachment, as it happens for the President. Governor is not answerable to any court for the performance of the power and duties of his office. Governor has the right of summoning or promulgating the State Legislative Assembly. He attends the State Legislature at the commencement of the first session after each general election and the first session of each year. Money Bill can be introduced in the State Legislature only with the prior recommendation of the Governor. When the state legislature is not in session and the governor consider if necessary to have a law, then the governor can promulgate ordinances. These ordinances are submitted to state legislature at its next session. They remain valid for no more as six weeks from the date the state legislature is reconvened unless approved by it earlier. He can make advances out of the contingency fund of the state to meet any unforeseen expenditure. If no party gets an absolute majority, the governor can use his discretion in the selection of the Chief Minister. During an emergency he acts as an agent of the President and becomes the real ruler of the state. At such times, he can override the advice of the council of ministers. He can pardon the punishment awarded to any criminal under the state rules.

Is their is any provision to initiate impeachment against the Governor and Attorney General?

Ans: No. The proceedings against the Governor and the Attorney General are appointed by the President. The Governor is appointed for a period of five years but the President can remove from office even after expiry of five years, because the Governor remains in his office during the pleasure of the President. Similarly, the Attorney General can also be removed the President before the expiry of his term of office.

Council of Ministers & Chief Minister

There shall be a council of ministers with the chief minister at the head to aid and advise the Governor in the exercise of his functions. The state council of ministers formulates the policies for state administration.

The chief minister is the real executive and is the head of a government of a state. The position of the chief minister at the state level is analogous to the position of the prime minister at the centre. He can any time recommend the governor for the dissolution of the state legislative assembly. He announces the government policies on the floor of the House. Normally the leader of the majority party in the Vidhan Sabha is appointed as the chief minister by the Governor. The governor shall administer the oath of office and secrecy to the ministers. The salaries and allowances of the ministers shall be determined by the State Legislature. A person who is not a member of the state legislature can be appointed as chief minister for six months, within which time he should be elected to the state legislature. Chief Minister is the chairman of the State Planning Board and the crisis manager in chief at the political level during emergencies.

The Advocate General

The Advocate General is the first law officer of a state. His office and functions are comparable to that of the Attorney General of India. He is appointed by the Governor and holds the office during his pleasure. His remunerations are also determined by the Governor. To be appointed to the office of the Advocate General, he/she must be qualified to be a Judge of the High Court. He has the right to attend and speak in the proceedings of the two Houses of the State Legislature without any right to vote. He has the right of audience in any court in the state. He enjoys all the privileges and immunities that are available to a member of the state legislature.

The State Executive (Article 153 - 167)

Article 152: Definition

Article 153: Governors of States

Article 154: Executive power of State

Article 155: Appointment of Governor

Article 156: Term of office of Governor

Article 157: Qualifications for appointment as Governor

Article 158: Conditions of Governor’s office

Article 159: Oath or affirmation by the Governor

Article 160: Discharge of the functions of the Governor in certain contingencies

Article 161: Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

Article 162: Extent of executive power of State

Article 163: Council of Ministers to aid and advise Governor

Article 164: Other provisions as to Ministers

Article 165: Advocate-General for the State

Article 166: Conduct of business of the Government of a State

Article 167: Duties of Chief Minister as respects the furnishing of information to Governor, etc.