Governor of the State

Role and Powers

• Appointed by: President of India on the advice of the Prime Minister.
• Tenure: Governor is appointed for 5 year term and could be removed earlier.
• Oath of Office: Administered by the Chief Justice of the High Court or a senior judge.
• Powers:
  • Summoning, proroging, and dissolving the State Legislative Assembly.
  • Addressing the Legislative Assembly at the start of each session.
  • Giving assent to bills passed by the legislature.
  • Returning a non-money bill for reconsideration.
  • Appointing the Chief Minister and other ministers.
  • Acting as the nominal head of the state government.

Key Facts for Exams

• Governor’s Role: Constitutional head, not a part of the state executive.
• Governor’s Discretion: Can withhold assent to a bill, but cannot return a money bill for reconsideration.
• Appointment of Chief Minister: Governor appoints the leader of the majority party as Chief Minister.

Differences: Governor vs. President

Chief Minister

Role and Responsibilities

• Elected by: The Chief Minister is elected by the people and appointed by the Governor based on Majority Party.
• Tenure: As long as they enjoy the confidence of the Legislative Assembly.
• Key Responsibilities:
  • Forming the Council of Ministers.
  • Managing the state’s administration.
  • Implementing policies and development plans.
  • Presiding over cabinet meetings.
  • Representing the state in national forums.

Powers and Functions

• Executive Authority: Holds real executive power.
• Legislative Role: Can introduce bills in the legislature.
• Judicial Role: Can recommend the President for the removal of the Governor.
• Emergency Powers: The Chief Minister of State has no power to declare any emergency.

Key Facts for Exams

• Chief Minister’s Removal: Can be removed by a vote of no confidence in the Legislative Assembly.
• Minimum Age: No specific age limit specified in the Constitution.
• Tenure: Not fixed; depends on political stability and majority support.

State Legislature and Council of Ministers

State Legislature

• Composition:
  • Legislative Assembly: Elected by the people.
  • Legislative Council: Appointed or elected, depending on the state.
• Functions:
  • Law-making.
  • Budget approval.
  • Oversight of the executive.
  • Representation of the people.

Council of Ministers

• Composition:
  • Chief Minister: Head of the council.
  • Cabinet Ministers: Heads of major departments.
  • Ministers without Portfolio: Assist in various capacities.
• Formation:
  • Formed by the Chief Minister on the advice of the Governor.
  • Based on the majority party in the Legislative Assembly.
• Functions:
  • Policy formulation.
  • Implementation of government programs.
  • Decision-making on administrative matters.

Key Facts for Exams

• Council of Ministers: Must consist of not more than 15% of the total number of members of the Legislative Assembly.
• Cabinet Size: Typically ranges from 15 to 30 ministers.
• Ministerial Tenure: Depends on the confidence of the Legislative Assembly.

Differences: Legislative Assembly vs. Legislative Council

Important Dates and Terms

• Article 168: Deals with the composition and powers of the State Legislature.
• Article 169: Provides for the creation or abolition of the Legislative Council.
• Article 164: Defines the role of the Chief Minister.
• Article 165: Deals with the appointment of the Governor.
• Article 166: Grants the Governor powers to summon, prorogue, and dissolve the Legislative Assembly.

Example: Uttar Pradesh

• Governor: Smt. Anandiben
• Chief Minister: Yogi Adityanath
• Legislative Assembly: 400 members
• Legislative Council: Not in existence (since 2023)

Summary Table: State Government Structure