The State Executive: Governance in India's States

Appointment (Article 155):

• Appointed by the President by warrant under his hand and seal.
• Not directly elected by the people or indirectly by an electoral college.
• Conventions: Should be an eminent person from outside the state; Chief Minister of the state should be consulted by the President (often violated).

Qualifications (Article 157):

• Be a citizen of India.
• Have completed 35 years of age.

Conditions of Office (Article 158):

• Must not be a member of Parliament or State Legislature.
• Must not hold any other office of profit.
• Entitled to official residence without payment of rent.
• Emoluments, allowances, and privileges determined by Parliament (cannot be diminished).
• 7th Constitutional Amendment Act, 1956: Same person can be appointed for two or more states; emoluments allocated by President.

Oath (Article 159):

• To faithfully execute the office, preserve, protect, and defend the Constitution and the law.
• Administered by the Chief Justice of the concerned High Court or senior-most judge.

Term (Article 156):

• Holds office for 5 years from entering office.
• Holds office during the pleasure of the President (removable at any time, usually on advice of Union CoM).
• Can resign by writing to the President.

• All executive actions of State Govt formally in his name (Art 166).
• Appoints CM and other ministers (on CM's advice); Advocate General of State; Chairman & members of SPSC (removal by President); State Election Commissioner (removal like HC Judge); Vice-Chancellors of state universities (as Chancellor).
• Can require CM to submit for consideration of State CoM any matter on which decision taken by a minister but not considered by CoM (Art 167).
• Can seek information relating to administration and legislative proposals from CM (Art 167).
• Recommends imposition of President's Rule (Art 356). Acts as President's agent during President's Rule.
• Powers w.r.t. administration of scheduled areas in the state (if any).

• Integral part of State Legislature (Art 168).
• Summons and prorogues State Legislature, dissolves State Legislative Assembly (Art 174).
• Addresses State Legislature at commencement of first session after general election and first session each year (Art 176).
• Sends messages to Houses of State Legislature (Art 175).
• Appoints Speaker/Deputy Speaker pro tem of Assembly, Chairman/Deputy Chairman pro tem of Council.
• Nominates 1/6th members to State Legislative Council (if it exists); (provision for 1 Anglo-Indian to Assembly discontinued by 104th Amdt, 2019).
• Decides on questions of disqualification of MLAs/MLCs (except defection) in consultation with EC (Art 192).
• Prior recommendation/permission for certain bills (e.g., Money Bills in state).
• Assent to Bills (Article 200):
  • Gives assent, withholds assent (Absolute Veto).
  • Returns bill for reconsideration (Suspensive Veto - not Money Bills).
  • Reserves bill for consideration of President (Article 201). Obligatory if bill endangers HC position; Discretionary if ultra vires, against DPSPs, grave national importance, or compulsory acquisition of property.
• Promulgation of Ordinances (Article 213):
  • Issued when State Legislature not in session. Coextensive with State Legislature's power.
  • Subject to legislative approval within six weeks of reassembly. Can be withdrawn. Judicial review on grounds of malafide.
  • Limitations: Cannot issue without President's instructions if a bill would require previous President's sanction, if it would have to be reserved, or if an Act would be invalid without President's assent.
• Lays reports of State Finance Commission, SPSC, CAG (state accounts) before State Legislature.

• State Money Bills introduced only with prior recommendation.
• Causes State Budget (Annual Financial Statement) to be laid.
• No demand for grant except on his recommendation.
• Can make advances out of Contingency Fund of State.
• Constitutes State Finance Commission every five years (Art 243-I) to review financial position of Panchayats and Municipalities.

• Appoints, posts, promotes District Judges in consultation with State High Court.
• Appoints persons to judicial service of state (other than district judges) in consultation with SPSC and High Court.
• Pardoning Power (Article 161):
  • Power to grant pardon, reprieve, respite, remission, or to suspend, remit, or commute sentence for offence against state law.
  • Cannot pardon death sentence (only President can, but Governor can suspend/remit/commute death sentence).
  • No power w.r.t court martial.

Constitutional Position:

• The Governor, like the President, is a nominal executive.
• Normally bound by aid and advice of State Council of Ministers (Article 163(1)) EXCEPT in so far as he is by or under this Constitution required to exercise his functions in his discretion.
• Crucial Difference with President: Governor has some constitutionally mandated discretionary powers where he need not act on CoM advice. The President has only situational discretion.
• Art 163(2): Governor's decision on discretion is final and cannot be questioned.

Explicit Discretionary Powers:

• Reservation of a bill for consideration of President (Art 200).
• Recommendation for President's Rule (Art 356).
• While acting as administrator of an adjoining UT (in some cases).
• Seeking information from CM (Art 167).
• Determining amount payable by Assam, Meghalaya, Tripura, Mizoram to an autonomous Tribal District Council as royalty from mineral licenses (As per Sixth Schedule).

Situational Discretion (Similar to President):

• Appointment of CM in hung assembly.
• Dismissal of CoM if loses majority.
• Dissolution of Assembly if CoM loses majority.

Common Controversies:

• Partisan role, acting as agent of Centre, misuse of discretionary powers.
• Arbitrary appointment/dismissal of CMs, biased recommendations for President's rule (Art 356), selective reservation of bills.

Sarkaria Commission (1988) Recommendations:

• Appointment: Eminent person from outside state, not active in local politics, CM consultation.
• Pleasure of President: Removal only for compelling reasons, fair procedure.
• Art 356: Use sparingly, last resort, after warnings.
• Reservation of Bills: Sparingly, only for genuine constitutional reasons.

Punchhi Commission (2010) Recommendations:

• Appointment: CM's consent should be sought.
• Term: Fixed term of 5 years.
• Removal: Only by state legislature impeachment or state assembly report.
• Discretionary Powers: Limited under Art 163(1); should not generally ask for floor test unless CM refuses.
• Art 356: Further stringent guidelines.

Key Supreme Court Cases:

• S.R. Bommai Case (1994): Laid strict guidelines for Art 356; majority to be tested on floor of the House; Governor's recommendation subject to judicial review.
• Nabam Rebia Case (2016): Governor's power to summon Assembly (Art 174) must be on aid and advice of CoM, not discretion; cannot unsettle elected government.

Special Responsibilities (Article 371 and 371A-J):

• Granted for specific states (e.g., Maharashtra, Gujarat, Nagaland, Arunachal Pradesh, etc.).
• Usually for development boards, law & order maintenance, equitable fund allocation for tribal/backward regions, proper administration of tribal areas.
• In these matters, Governor acts in discretion, not on CoM advice.

Immunities (Article 361):

• Not answerable to any court for official acts.
• No criminal proceedings during term.
• No arrest or imprisonment during term.
• Civil proceedings in personal capacity only after 2 months' notice.