Executive and Legislature: Appointment, Qualifications, and Powers
This module delves into the critical aspects of the executive and legislative branches within state governments, focusing on how individuals are appointed, the qualifications they must possess, and the powers they wield. Understanding these elements is fundamental to mastering polity and constitution for competitive exams like the UPSC.
The Executive Branch: Governor, Chief Minister, and Council of Ministers
The executive power of a state is vested in the Governor, who acts as the constitutional head. However, the real executive power is exercised by the Chief Minister and their Council of Ministers. Their roles, appointments, and powers are crucial for understanding state governance.
The Governor: Appointment and Qualifications
The Governor is appointed by the President and must meet specific eligibility criteria.
The Governor is appointed by the President of India and must be a citizen of India and have completed 35 years of age. There are no explicit qualifications mentioned in the Constitution regarding education or experience, but conventions often guide the selection.
Article 155 of the Constitution states that the Governor of a State shall be appointed by the President by warrant under his hand and seal. Article 157 specifies the qualifications for appointment as Governor: (a) he shall be a citizen of India; and (b) he shall have completed the age of thirty-five years. While the Constitution does not prescribe any educational qualifications or prior experience, conventions and judicial pronouncements have influenced the selection process, often favoring individuals with distinguished careers in public life.
The President of India.
35 years.
The Governor: Powers
The Governor possesses a wide range of powers, which can be broadly categorized into executive, legislative, financial, judicial, and discretionary powers.
| Power Category | Key Functions/Examples |
|---|---|
| Executive Powers | Appoints CM and other ministers, Advocate General; Administers state; Acts as Chancellor of state universities. |
| Legislative Powers | Summons/prorogues legislature, dissolves Assembly, assents to bills, addresses legislature, nominates members to Legislative Council (if applicable). |
| Financial Powers | Presents State Budget, demands for grants, Contingency Fund of the State. |
| Judicial Powers | Appoints judges of High Court (in consultation), pardons, reprieves, respites, remits sentences. |
| Discretionary Powers | Appointing CM when no party has clear majority, dismissing government when it loses confidence, dissolving Assembly, seeking information from CM, reserving bills for President's consideration. |
The Governor's discretionary powers are a subject of significant debate and judicial scrutiny, often leading to constitutional crises.
The Chief Minister and Council of Ministers: Appointment and Qualifications
The Chief Minister is appointed by the Governor, and ministers are appointed on the CM's advice.
The Chief Minister is typically the leader of the majority party or coalition in the State Legislative Assembly. While the Constitution doesn't explicitly state qualifications for CM, they must be a member of the state legislature. If not a member, they must become one within six months.
Article 164(1) states that the Chief Minister shall be appointed by the Governor and the other Ministers shall also be appointed by the Governor on the advice of the Chief Minister. The Constitution does not lay down any qualifications for the Chief Minister or other ministers. However, a minister must be a member of the state legislature. If a person is not a member of the legislature at the time of appointment, they must become a member of either House of the state legislature within six months of their appointment, failing which they cease to be a minister. The Governor appoints the person who is most likely to command the confidence of the Legislative Assembly.
The Chief Minister.
The Chief Minister and Council of Ministers: Powers
The Chief Minister is the real executive head of the state. Their powers are extensive and form the backbone of the state's administration.
The Chief Minister's powers are analogous to those of the Prime Minister at the Union level. They are the leader of the Council of Ministers, the chief advisor to the Governor, and the link between the Governor and the Council of Ministers. They also play a crucial role in policy formulation, legislative leadership, and inter-state relations.
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The Legislature: State Legislative Assembly (Vidhan Sabha) and State Legislative Council (Vidhan Parishad)
The state legislature is responsible for making laws for the state. It can be unicameral or bicameral. Understanding the composition, qualifications, and powers of its members is vital.
Members of the State Legislature: Qualifications and Disqualifications
Legislators must meet citizenship and age requirements and avoid disqualifications.
To be a member of the State Legislative Assembly (MLA) or Legislative Council (MLC), one must be a citizen of India, at least 25 years old for the Assembly and 30 years old for the Council. Disqualifications include holding an office of profit, being of unsound mind, or being an undischarged insolvent.
Article 173 outlines the qualifications for membership of the State Legislature. A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he is a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule. For the Legislative Assembly, the minimum age is 25 years, and for the Legislative Council, it is 30 years. Article 191 lists disqualifications, such as holding an office of profit under the Government of India or any state government, being of unsound mind, being an undischarged insolvent, not being a citizen of India, or being disqualified under any law made by Parliament. The Tenth Schedule deals with disqualification on the ground of defection.
25 years.
30 years.
Powers of the State Legislature
The primary function of the state legislature is law-making. However, they also have powers related to financial control, oversight of the executive, and constitutional amendments.
Legislative powers include the power to make laws on subjects enumerated in the State List and the Concurrent List (with Union law prevailing in case of conflict). Financial powers involve controlling state revenue and expenditure, including the presentation and passing of the state budget. The legislature also exercises oversight over the executive through questions, debates, and no-confidence motions. In certain cases, state legislatures also participate in the process of constitutional amendment.
The relationship between the Governor and the State Legislature, especially concerning the reservation of bills, is a key area of constitutional interpretation.
Learning Resources
Direct access to the constitutional articles governing the states, including provisions on the Governor, Chief Minister, and State Legislature.
While focused on rights, this NCERT book provides foundational understanding of government structures relevant to state executive and legislature.
A detailed breakdown of the Governor's constitutional role, powers, and controversies.
Explains the appointment, powers, and functions of the Chief Minister and the Council of Ministers in Indian states.
A comprehensive overview of the structure, functions, and powers of state legislatures in India.
A highly recommended book for UPSC preparation, offering in-depth coverage of state executive and legislative functions.
Provides detailed insights into the composition, powers, and functioning of state legislatures.
Details the constitutional provisions related to the summoning, prorogation, and dissolution of the State Legislature.
Explains the constitutional basis for the Council of Ministers advising the Governor.
A video analysis discussing the multifaceted role and powers of the Governor in the Indian context.