Political Science Notes -The States Executive.

Powers and functions of Governor of the state:-

1.Introduction: Broadly speaking, the State Executive refers to all the functionaries from chief educated of the state down to the ordinary government servants employee in the administrative works. 

The state executive consists of :- 

1) the governor appointed by the president,

2) the council of ministers and,

3) the public servants.

The higher officers of the civil service are known as bureaucrats. The ministers are the political educative of the state. They are elected for a fixed term and remain responsible to the people for the act done by them . The civil servant constituted the non political executive of the state. They are not required to be responsible to the people for their activities.

2. The Governor

The governor is the executive head of the state. All executive actions of the state government are taken in his name. Normally, there shall be a governor for each State, but the same person can be appointed as governor for two or more States.

2.1 Appointment ,Qualification, etc.

The governor is appointed by the president.yah hall office for 5 years unless he resigns or is removed by the president at whose pressure he holds the offices. 

The governor 1. Must be a citizen of India and, 

2. Must have completed the age of 35 years,

3. Must not hold any other offices of profit,

4. Cannot be a member of the legislature of the union or of any state.

2.2 Powers and Functions.

The powers and function of the governor can be discuss under the following points:

1. Executive powers: 

a) The executive power of the state is best in the governor. He exercise it either directly or through the officers subordinate to him { Article 154(1)}. All executive actions of the state government are taken in his name.

b) He can makes rules for the proper transaction of the the business of the government.

c) He appoints the leader of the majority party or alliance in the legislative Assembly the Chief Minister and on his advice point other ministers to form the council of ministers.

d) He can dismiss any minister, including the chief minister.

e) He makes high appointments like Advocate General, Chairman and the members of the State Public Service Commission.

f) He can report to the president about the failure of constitutional machinery in the state recommending the imposition of state emergency under article 356 of the constitution.

g) He acts as chancellor of the university  situated in the state (except the Central University).

2. Legislative powers:all the governor is not a member of the state legislature he is an integral part of it the power best in him are;

a) In state where the legislature is bicameral, he nominate some member to the Vidhan Parishad from among person having special knowledge or practical experience in the field of literature, science, art, social service etc.

b) He may address the legislative Assembly or in case of a bicameral legislature either House or both  houses Assembly together and may for the purpose required attendance of members.

c) He Summons and prorogues the state  legislature.

d) He cant send message to the state legislature, weather with respect to a bill then pending in the legislature or otherwise.

e) No bill passed by the state legislature can become an Act without the assent of the governor.

f) He is empowered to take decision in consultation with the election commission about the consultations for cancellation of membership of a member of the state legislature if any question arises in regard to his election.

g) The first session of the state legislature after general election and it for session each year begins with an inaugural address delivered by governor.

3. Financial powers:

The governor has some important financial powers. These are:-

a) No demand for grants and money bill can be introduced in the state legislature without his prior recommendation.

b) He caused to be laid by his finance minister the budget for the annual financial statement of the government before the statet legislature.

c) The contingency fund of the state is at his disposal. He can make advance out of it to meet the unforeseen expenditure pending approval of the state legislature.

4 Judicial  powers: Like the President, the Governor also has some judicial powers.

These are:-

a) In consultation with the Governor, the president appointed judge of the high court of the state.

b) The Governor decide matters relating to the appointments,posting, promotion etc; of the the p district judges and other judicial officers.

c) He has the power to grant pardons, respites, or remission of punishment or to suspend , remit or commute the sentence of any person convicted of any offence against any law to which the educated power of the state extends. But he has no power to pardon in case of death sentence or sentence by court-martial.