Table of Contents:
- Articles of the Indian Constitution related to the Governor of the State
- Articles of the Indian Constitution related to the Chief Minister
- Consider the functions and relations of the chief minister and the Governor of the State. ( UPPSC 2022)
- Discuss the essential conditions for the exercise of the legislative powers by the Governor. Discuss the legality of the re-promulgation of ordinances by the Governor without placing them before the Legislature. ( UPSC 2022)
Articles of the Indian Constitution related to the Governor of the State:
The Indian Constitution contains several articles related to the post of Governor.
Here are some of the key articles related to Governor Post:
Article 153:
Article 153 establishes the office of the Governor in each state of India.
Article 154:
Article 154 deals with the executive power of the state, which is vested in the Governor and is to be exercised by the Governor either directly or through officers subordinate to him/her.
Article 155:
Article 155 specifies the appointment of the Governor by the President of India and the term of office.
Article 156:
Article 156 outlines the conditions for the Governor's term and removal from office.
Article 157:
Article 157 deals with the eligibility criteria and qualifications required to be appointed as a Governor.
Article 158:
Article 158 outlines the powers and functions of the Governor, including the power to grant pardons, reprieves, etc.
Article 159:
Article 159 discusses the oath or affirmation that the Governor takes before entering upon their office.
Articles of the Indian Constitution related to the Chief Minister:
The Chief Minister post in India is primarily governed by the following articles of the Indian Constitution:
Article 164:
Article 164 deals with the appointment of the Chief Minister. It states that the Chief Minister shall be appointed by the Governor and the other ministers shall be appointed by the Governor on the advice of the Chief Minister. It also outlines the collective responsibility of the Council of Ministers to the legislative assembly of the state.
Article 163:
Article 163 provides for the Council of Ministers to aid and advise the Governor in the exercise of his functions, except in matters where the Governor is required to act in his discretion.
Article 167:
Article 167 outlines the duty of the Chief Minister to communicate to the Governor all decisions of the Council of Ministers relating to the administration of the affairs of the state and proposals for legislation.
Article 168:
Article 168 deals with the sessions of the state legislature and the power of the Governor to summon, prorogue, and dissolve the legislative assembly.
Question.
Consider the functions and relations of the chief minister and the Governor of the State.
(UPPSC Mains General Studies-II/GS-2 2022)
Answer.
In the context of the Indian federal system, the Chief Minister and the Governor play distinct roles in the governance of a state. Their functions and relations are defined by the Constitution of India.
The following are the functions and relations of the chief minister and the Governor of the State:
Chief Minister (CM):
Head of the State Government:
The Chief Minister is the head of the elected state government. After a state legislative assembly election, the leader of the majority party or coalition in the assembly is appointed as the Chief Minister by the Governor.
Chief Executive:
The Chief Minister is the chief executive of the state and is responsible for implementing government policies and decisions.
Council of Ministers:
The Chief Minister forms the Council of Ministers, which includes other ministers who head various departments and functions within the state government.
Policy Formulation:
The Chief Minister plays a pivotal role in policy formulation and decision-making for the state government.
Legislative Role:
The Chief Minister is a member of the state legislative assembly and leads the government's legislative agenda, introducing bills and participating in debates.
Administrative Oversight:
The Chief Minister provides oversight and direction to the administration, ensuring the efficient functioning of the state machinery.
Governor:
Head of the State:
The Governor is the constitutional head of the state. While the Chief Minister is the head of the government, the Governor represents the President of India and is a nominal head without executive powers.
Constitutional Appointments:
The Governor appoints the Chief Minister, who must prove a majority in the state legislative assembly within a stipulated period after assuming office.
Dissolution of Assembly:
In certain circumstances, the Governor can dissolve the state legislative assembly if there is a political deadlock or if no party or coalition can form a stable government.
Reserve Powers:
The Governor has certain reserve powers, such as the power to withhold assent to bills passed by the state legislature, reserve certain bills for the President's consideration, and dismiss the state government in exceptional situations.
Role in State Administration:
The Governor has limited administrative powers, mainly exercised through the Council of Ministers headed by the Chief Minister.
Reporting to the President:
The Governor sends reports to the President about the state's administration and the functioning of the state government.
Relations between the Chief Minister and the Governor:
Constitutional Obligations:
The Chief Minister is constitutionally obligated to keep the Governor informed about the decisions and policies of the state government and to communicate with the Governor regarding the state's administration.
Aid and Advice:
The Governor acts on the aid and advice of the Council of Ministers headed by the Chief Minister, except in certain reserved matters where the Governor can exercise independent judgment.
Discretionary Powers:
While the Governor mostly acts on the advice of the Chief Minister, they have some discretionary powers, particularly during government formation and in extraordinary situations.
Communication Channel:
The Chief Minister communicates the decisions of the state government to the Governor, and the Governor communicates the President's directives, if any, to the Chief Minister and the state government.
It is crucial to understand that the roles of the Chief Minister and the Governor are defined by constitutional provisions and conventions, and they must work in harmony to ensure effective governance in the state.
While the Chief Minister holds the executive powers and runs the government, the Governor's role is to act as a constitutional watchdog, safeguarding the principles of federalism and ensuring the smooth functioning of the state machinery.
Question.
Discuss the essential conditions for the exercise of the legislative powers by the Governor. Discuss the legality of the re-promulgation of ordinances by the Governor without placing them before the Legislature.
(UPSC Mains General Studies-II/GS-2 2022)
Answer.
The exercise of legislative powers by the Governor in India is governed by certain essential conditions outlined in the Constitution. These conditions ensure that the Governor's legislative actions are in accordance with the principles of democratic governance and the federal structure of the country.
The following are the essential conditions for the exercise of the legislative powers by the Governor:
Approval of the Council of Ministers:
The Governor can only promulgate ordinances or take legislative actions based on the advice of the Council of Ministers headed by the Chief Minister. The Governor is bound by the aid and advice of the Council of Ministers, as per Article 163 of the Constitution.
Summoning and Dissolving the Legislature:
The Governor can only summon, prorogue, and dissolve the legislative assembly or council as per the advice of the Council of Ministers, and within the framework provided by the Constitution (Article 174 and Article 175).
Reserve Bills for the President:
If a Bill passed by the state legislature is reserved by the Governor for the President's consideration, the Governor must act as per the President's instructions (Article 200). However, the Governor cannot act contrary to the President's advice once it is received.
Regarding the legality of the re-promulgation of ordinances by the Governor without placing them before the Legislature, this practice has been a subject of debate and judicial scrutiny in India. Re-promulgation refers to the reissuing of an ordinance multiple times instead of bringing it before the legislature for approval.
The legality of such re-promulgation has been challenged on several occasions.
In the case of Krishna Kumar Singh v. State of Bihar (2017), the Supreme Court of India held that the re-promulgation of ordinances by the Governor is a "fraud on the Constitution" and an "abuse of constitutional power." The Court emphasized that the power to promulgate ordinances is a temporary legislative power and not a substitute for the law-making process in the legislature. Re-promulgation circumvents the democratic process and undermines the role of the legislature.
As a result of this judgment, the re-promulgation of ordinances by the Governor is considered unconstitutional and impermissible.
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