State Executive (The Governor)

State Executive

"Good government is one of the most important factors in economic growth in social well-being"

The State Executive 

• Part - V (State)
• Chapter - I (Executive)

Part V, Chapter I talks about the State Executive. The State Executive consists of -

1. The Governor
2. The Chief Minister and The Council of Ministers
3. Advocate General of the State

Source: IAS Baba

The Governor

• The Governor is the constitutional head of the state.
• The Governor is appointed by the President and holds the office during the pleasure of the President (i.e., he does not have a fixed tenure and does not enjoy the security of tenure).
• However, he is appointed for a term of 5 years and can hand over his resignation to the President.
• He is like a replica of the president in the state (Powers and Functions of the governor with respect to this council of ministers is same as that of the president with respect to this council of ministers).

Under the Constitution of the India, the position of the Governor is more secured vis-à-vis his Council of ministers as compared to the position of the President vis-à-vis his Council of ministers.

The office of the President is more of ceremonial than function, i.e., president carries more influence rather than real power whereas the governor carries influence as well as authority and his office is equally ceremonial as it is functional.

(Difference between the powers and functions of the president and the governor) or (Discretionary powers of the governor) 

For examples -

1. President of India can't exist or exercise his executive without the aid and advice of the union council of ministers, i.e., president has to have a council of ministers even in dissolved Lok Sabha, he is assisted by a Caretaker Council of ministers.
2. Constitution of India has not explicitly acknowledged president having discretionary power, however under Article 163(1), it is acknowledged that the governor of the state carries discretionary powers.
3. Under Article 163(1), the governor of the state shall exercise his functions according to the aid and advice of the state council of ministers except in so far where in exercise of his executive function, he has to act in discretion.
4. Under Article 163(2), if any question arises whether a particular power of the governor belongs to discretionary quota or not, then the decision of the governor in this regard shall be final.
5. Under Article 166(3), the governor shall make rules for the more convenient transaction of business of the state government and for allocation of business among the ministers in his discretion.
• Same job is done by the president also with respect to union council of ministers but that is not his discretionary power.
6. Under Article 200, the governor of the state can reserve any bill (including the Money bill) passed by the state legislature for the consideration of the president in his discretion.
7. Under Article 356, the governor of the state can invite the president to take over the administration of the state on the ground that the constitutional machinery has failed in the state (Presidential Rule).
8. Under the convention, the governor sent a fortnightly (15 days) report about the affairs of the state administration to the president and this report is prepared by the governor in his discretion.
9. Under Article 371 A(b), the governor of Nagaland has a special responsibility to maintain law and order in the state as long as insurgency caused by Naga rebels exists in the state.
10. Under Article 371 (2), the governor of Maharashtra and Gujarat may be given special responsibility by the president to establish separate developmental boards for Vidarbha, Marathwada and rest of the Maharashtra and Kutch and Saurashtra and the rest of the Gujarat respectively.

Since, the governor holds the office during the pleasure of the president, he is not expected to exercise his discretionary powers and special responsibility in his individual capacity and is suppose to consult centre while exercising these powers.

Otherwise the governor can be removed from the office by the president any time.

Thus, the governor's office is more of a manifestation of centre-state relationship or is an instrument through which centre can influence the state or brings out the unitary feature of Indian polity.

Sarkaria Commission on centre-state relationship (with respect to the office of the governor) 

Sarkaria commission recommended that the misuse of the office of the governor particularly by the centre against the state should be prevented by bringing the following recommendations into practice -

1. Governor should normally allowed to complete his 5 years of term so that he is able to perform his duty in a neutral manner (i.e., he should be given security of tenure).
2. President shall consult the Chief Minister of the state before appointing an individual as the governor of the state.
3. A person belonging to political party which is in power in centre shall not be appointed as a governor of the state which is ruled by opposition (to prevent misuse of the position of the governor).
4. A person who has been politically active at the national level in the past 5 years shall not be appointed as the governor.
5. A person who was ever politically active in the state shall not be appointed as the governor of that state (to prevent struggle of powers between the Chief Minister and the Governor).
6. If possible governor must be an eminent person from certain walk of life.
7. Governor should not come to a subjective conclusion on the issue of majority enjoyed by the state Council of ministers and must allow the council of minister to prove its majority in the assembly and only when the council of ministers is reluctant to face the assembly, then the governor may come to his subjective conclusion.
8. If the governor invites the president to take over the administration of the state, then he should clearly mention on what grounds the governor feels that the state government cannot be carried out according to the provisions of the constitution, i.e., the report should be a speaking document.

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Note - This is my Vision IAS Notes (Vision IAS Class Notes) and Ashutosh Pandey Sir's Public Administration Class notes. I've also added some of the information on my own. 

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