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State Government – Governor and Chief Minister


PART I: THE GOVERNOR


Constitutional Position

  • Article 153: There shall be a Governor for each state (one person can be governor of two or more states).
  • Executive head of the state – a nominal (constitutional) head like the President at the Centre.
  • Appointed by: President (not elected).
  • Tenure: 5 years (can be removed earlier or hold office at pleasure of President).


Qualifications & Conditions

Criteria Details
Citizenship Indian
Age Minimum 35 years
Office of profit Must not hold any office of profit
Residence No requirement to reside in the state
Emoluments Paid by the state’s Consolidated Fund


Powers of the Governor


A. Executive Powers
  • Appoints: CM, Ministers, Advocate General, State Election Commissioner, Chairman & Members of State PSC.
  • Administration of tribal areas (Schedule 5 states).

B. Legislative Powers
  • Summons, prorogues, and dissolves the State Legislative Assembly.
  • Can nominate 1 Anglo-Indian (if needed).
  • Address the legislature, give assent to bills, send to President for consideration.
  • Ordinance-making power: Article 213.

Financial Powers
  • State budget is laid before him.
  • No money bill can be introduced without his recommendation.

Judicial Powers
  • Can grant pardon, remission, respite, reprieve in cases under state laws (not for death sentence – only President can do that).


Discretionary Powers of Governor

Type Examples
Constitutional discretion When no party has majority; reserving a bill for President
Situational discretion In President’s Rule (Governor acts on Centre’s advice)
Real discretion (rare) Dismissal of a CM who has lost majority


Criticism of the Office of Governor

  • Alleged Central agent – misused during President’s Rule.
  • Biased appointments – not always non-political.
  • Sarkaria Commission, Punchhi Commission & others have recommended reforms.



PART II: CHIEF MINISTER


Appointment

  • Appointed by Governor.
  • Leader of the majority party or coalition in State Assembly.
  • Governor must appoint the person who commands majority support.


Tenure

  • No fixed term – holds office during the pleasure of Governor.
  • Practically: Till the CM enjoys majority support in the House.


Powers and Functions of the Chief Minister

Function Description
Executive authority Real executive authority in the state
Cabinet head Decides agenda, meetings, allocates portfolios
Governor link Advises the Governor in all state matters
Legislature leader Leads Assembly, ensures passage of bills
Centre-state link Acts as a bridge between state & Centre
Crisis manager Key role during emergencies or disturbances


Role of the Chief Minister

  • De facto executive of the state.
  • Like the Prime Minister at the central level.
  • Key to governance, policy, and administration at state level.


Governor vs Chief Minister – Quick Comparison

Feature Governor Chief Minister
Type of head Nominal/executive head Real executive head
Appointed by President Governor
Powers Constitutional, mostly ceremonial Real power, leads Council of Ministers
Reports to President State Legislature
Tenure 5 years (pleasure of President) Pleasure of Governor (majority support essential)


Summary Table

Article Provision
Art. 153 Governor for each state
Art. 155 Appointment of Governor
Art. 156 Term of office
Art. 163 Council of Ministers to aid and advise
Art. 164 Appointment of Chief Minister
Art. 213 Governor’s ordinance power


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