MODULE-III

THE UNION EXECUTIVE

The Union Executive consists of The President of India, The Vice-President of India, the Prime Minister

of India, The Council of Ministers (CoM), and The Attorney General of India (AGI)

THE PRESIDENT OF INDIA

The office of the President of India has been envisaged by the Constitution of India as the constitutional
head of the Indian State. Despite being only a nominal head of the Executive, the President of India plays
a significant role in Indian polity through his/her diverse executive, legislative, and judicial powers.

About President of India

 The President of India is the highest office of the land under the constitutional framework of
India.
 The office of the President of India has been envisaged as:
o The head of the Indian State,

o The first citizen of India,

o The Titular or nominal or de jure head of the Union Executive, and
o The Commander-in-Chief of the Indian Armed Forces.

Powers and Functions of the President of India

The powers and the functions of the office of the President of India are described in detail in the sections
that follow.

Executive Powers of President of India

The executive powers and functions of the President of India are as follows:
  All executive actions of the Government of India are formally taken in his/her name.
 He/she can make rules specifying the manner in which the orders and other instruments made and
executed in his/her name shall be authenticated.
 He/she can make rules for more convenient transactions of business of the Union government and
allocation of the said business among the ministers.
 He/she appoints the Prime Minister and the other ministers. They hold office during his/her
pleasure.
 He/she appoints the Governors of States, the Attorney General of India, the Comptroller and
Auditor General of India, the Chief Election Commissioner and other Election Commissioners,
the Chairman and Members of the Union Public Service Commission, the Chairman and
Members of the Finance Commission, and so on.
 He/she can seek any information relating to the administration of affairs of the Union, and
proposals for legislation from the Prime Minister.
 He/she can require the Prime Minister to submit, for consideration of the Council of Ministers,
any matter on which a decision has been taken by a minister but, which has not been considered
by the Council.
 He/she can appoint a commission to investigate the conditions of backward classes.
 He/she can appoint an Inter-State Council to promote Centre-State and Inter-State cooperation.
 He/she directly administers the Union Territories through administrators appointed by him/her.
 He/she can declare any area as a Scheduled area and has powers with respect to the
administration of Scheduled areas and tribal areas.

Legislative Powers of President of India

The President of India, as an integral part of the Parliament of India, wields the following Legislative
Powers:

 He/she can summon or prorogue the Parliament and dissolve the Lok Sabha.
 He/she can also summon a joint sitting of both the Houses of Parliament, which is presided over
by the Speaker of the Lok Sabha.
 He/she can address the Parliament at the commencement of the first session after each general
election and the first session of each year.
 He/she can send messages to the Houses of Parliament, whether with respect to a bill pending in
the Parliament or otherwise.
 He/she can appoint any member of the Lok Sabha and Rajya Sabha to preside over its
proceedings when the offices of both the Speaker and the Deputy Speaker (in case of Lok Sabha),
Chairman and the Deputy Chairman (in case of Rajya Sabha) falls vacant.
 He/she nominates 12 members of the Rajya Sabha from amongst persons having special
knowledge or practical experience in literature, science, art, and social service.
 He/she nominated two members to the Lok Sabha from the Anglo-Indian community. However,
the 104th Constitutional Amendment Act of 2019 has discontinued this provision.
 He/she decides on questions as to disqualifications of members of the Parliament in consultation
with the Election Commission of India.
 His/her prior recommendation or permission is needed to introduce certain types of bills in the
Parliament, give his/her assent to the bill,
Financial Powers of President of India

 The financial powers and functions of the President are listed below:
 Money bills can be introduced in the Parliament only with his prior recommendation.
 He/she causes to be laid before the Parliament the Annual Financial Statement (i.e. the Union
Budget).
 No demand for a grant can be made except on his recommendation.
 He/she can make advances out of the Contingency Fund of India to meet any unforeseen
expenditure.
 He/she constitutes a Finance Commission every five years to recommend the distribution of
revenues between the Centre and the States.

Judicial Powers of President of India

The judicial powers and functions of the President of India are:

 He/she appoints the Chief Justice and the judges of the Supreme Court and High Courts.
 He/she can seek advice from the Supreme Court on any question of law or fact. The advice
tendered by the Supreme Court is not binding on the President.
 He can grant pardon, reprieve, respite, and remission of punishment, or suspend remit, or
commute the sentence of any person convicted of any offense:
 in all cases where the punishment or sentence is by a court-martial,
 in all cases where punishment or sentence is for an offence against a Union Law,
 in all cases where the sentence is a sentence of death.

Diplomatic Powers of President of India

The diplomatic powers and functions of the President are:

 The international treaties and agreements are negotiated and concluded on behalf of the President.
 However, they are subject to the approval of Parliament.
 He represents India in international forums and affairs and sends and receives diplomats like
ambassadors, high commissioners, and so on.

Military Powers of President of India

The military powers and functions of the President are as follows:

 He/she is the Supreme Commander of the Defense Forces of India.

 He/she appoints the Chiefs of the Army, Navy, and Air Force.
 He/she can declare war or conclude peace, subject to the approval of Parliament.
 Emergency Powers of President of India
 The President is empowered to declare the 3 types of emergencies:
 National Emergency under Article 352,
 President’s Rule under Articles 356 and 365, and
 Financial Emergency under Article 360.
Veto Power of President of India

Article 111 and Article 201 of the Constitution grant the President of India w.r.t. a bill passed by the
Parliament and the State Legislatures respectively the following types of Veto Powers:

 Absolute Veto – It refers to the power of the President to withhold his assent to a bill presented to
it.
 Suspensive Veto – It refers to the power of the President to return a bill (if it is not a Money Bill)
for reconsideration by the Parliament or the concerned State Legislature.
 Pocket Veto – It refers to the power of the President to neither ratify nor reject nor return the bill
but simply keep the bill pending for an indefinite period.

Ordinance Making Power of the President

Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of
Parliament.

Pardoning Power of President of India

Article 72 of the Indian Constitution empowers the President to grant

pardon/commutation/remission/respite/reprieve to persons who have been tried and convicted of any
offence in all cases where the:

 punishment or sentence is for an offence against a Union Law

 punishment or sentence is by a court martial (military court)
 a sentence is a sentence of death.

Conclusion

The President of India, as the highest constitutional authority of the nation, occupies a pivotal position in
the democratic framework of the country. Despite being only a nominal head of the Executive, the
President of India plays a significant role in Indian polity. Through his diverse functions, he ensures the
smooth functioning of and coordination among the three wings of the Union government.

THE VICE-PRESIDENT OF INDIA

Vice President of India Vice President of India Vice President of India

The post of Vice-President of India is modelled on the lines of American Vice-President. In India, Vice-
President has the second-highest office in the country. Article 63 of the Indian Constitution mentions the
post of Vice-President.
How the Vice President is elected in India?

There is no direct election for the Vice-President of India however, he/she is indirectly elected by an
Electoral College. The election process is quite similar to that of the of India but the electoral college that
elects President is different from the electoral college responsible for the election of Vice-President of
India.

The difference between the electoral college that elects President and the one electing Vice-President of
India is given below:

1. In electoral college for Vice President, both elected and nominated members of both the Houses
of Parliament take part. In presidential elections, nominated members are not a part of the
electoral college.
2. For Vice President’s elections, states have no role to play unlike in President’s elections where
state legislative assemblies’ elected members are a part of the electoral college.

Who can be a Vice President of India?

An Indian citizen can qualify for the post of Vice President if he is 35 years old or more. Another
qualification for a candidate to run for vice-presidential elections is to be qualified to be elected as Rajya
Sabha member. An office of profit cannot be held by the Vice President of India. The qualifications of
this post are on the same lines of Presidential qualifications.

Who participates in Vice President Election?

An electoral college comprising below-given categories of people elect the Vice President. The mode of
election hence is termed as ‘indirect election’. The principle of election used is Proportional
Representation by means of Single Transferrable Vote.

1. Elected members of both Lok Sabha and Rajya Sabha. To know more about Lok Sabha, visit the
given link.
2. Nominated members of both Lok Sabha and Rajya Sabha.

Who is qualified to become Vice President of India?

An Indian Citizen who has completed 35 years of age is qualified to become the Vice-President of India
given, he is also qualified to be a Rajya Sabha member. However, he should not be a member of either
Lok Sabha or Rajya Sabha and if he is elected as Vice President when he has a seat in either of the house,
he is deemed to have vacated that seat on his first day in the office. He also is not allowed to hold any
office of profit under union government, state government, public authority and local authority.
What is the term of office of Vice President?

From the date, he enters his office; Vice President holds the position for five years. However, he can
resign before five years by handing over his resignation to the President. The other ways where a vacancy
is created in the office of Vice President are given below:

 When he completes his term of five years

 When he resigns
 When he is removed
 On his death
 When his election is declared void

Is Vice President also impeached as President of India?

No, unlike President of India who can be impeached formally; there is no formal impeachment for Vice
President. Rajya Sabha simply can pass a resolution with a majority and Lok Sabha can pass it. Also,
unlike President of India who can be impeached on the ground of ‘Violation of Constitution,’ there is no
ground mentioned in the constitution for the removal of Vice President of India.

Powers and Functions of Vice President

The functions of Vice-President are two-fold:

1. He acts as the ex-officio Chairman of Rajya Sabha. In this capacity, his powers and functions
are similar to those of the Speaker of Lok Sabha. In this respect, he resembles the American vice-
president, who also acts as the Chairman of the Senate – the Upper House of the American
legislature.
2. He acts as President when a vacancy occurs in the office of the President due to his resignation,
removal, death or otherwise. He can act as President only for a maximum period of six months,
within which a new President has to be elected. Further, when the sitting President is unable to
discharge his functions due to absence, illness or any other cause, the Vice-President discharges
his functions until the President resumes his office.
3. The election of a person as Vice-President cannot be challenged on the ground that the electoral
college was incomplete (i.e., existence of any vacancy among the members of the electoral
college).
4. If the election of a person as Vice-President is declared void by the Supreme Court, acts done by
him before the date of such declaration of the Supreme Court are not invalidated (i.e., they
continue to remain in force).
Prime Minister & Council of Ministers - Power & Function of Prime Minister

Article 75 of the Indian Constitution mentions that a Prime Minister is one who is appointed by the
President. There is no specific procedure for his election or appointment. Article 74(1) states that there
shall be a Council of Ministers with a Prime Minister at the head to aid and advise the President. Thus,
the Indian Constitution itself recognizes a Council of Ministers.

Is Prime Minister of India elected or appointed?

President of India appoints a person as the Prime Minister who is either the leader of the party which
holds a majority of seats in the Lok Sabha or is a person who is able to win the confidence of the Lok
Sabha by gaining the support of other political parties. All other ministers are appointed by
the President on the advice of the Prime Minister.

Power and Function of Prime Minister

Prime Minister of India serves the country by following various functions. He performs his functions
taking responsibilities as:

 The leader of the Country: The Prime Minister of India is the Head of the Government of India.
 Portfolio allocation: The Prime Minister has the authority to assign portfolios to the Ministers.
 Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides the
meetings of the Cabinet. He can impose his decision if there is a crucial opinion difference among
the members.
 Official Representative of the country: Prime minister represents the country for high-level
international meetings
 The link between the President and the Cabinet: The Prime Minister acts as the link between
President and cabinet. He communicates all decisions of the Cabinet to the President which is
related to the administration of the affairs of the Union and proposals for legislation.
 Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog,
Appointments Committee of the Cabinet, Department of Atomic Energy, Department of Space
and Ministry of Personnel, Public Grievances and Pensions.
 Chief Advisor: He acts as the chief advisor to the President

Who is eligible to be a Prime Minister?

To become an Indian prime minister one has to be

 A citizen of India.
 A member of either Rajya Sabha or Lok Sabha
 He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25 years
of age if he is a member of the Lok Sabha
Position of the Prime Minister

Right from the days of the first Prime Minister Pandit Jawaharlal Nehru, the Prime Minister is treated at a
much higher pedestal. His preeminence rests on his commanding position in the Cabinet, coupled with
fact that he is the leader of the majority party.

All these positions of power when combined in one person make him rank much above an ordinary
Minister. The death or resignation of the Prime Minister automatically brings about the dissolution of the
Council of Ministers. It generates a vacuum. The demise, resignation or dismissal of a Minister creates
only a vacancy which the Prime Minister may or may not like to fill. The Government cannot function
without a Prime Minister but the absence of a Minister can be easily compensated.

Relationship between the Prime Minister and the President of India

There are a few articles in the Indian Constitution that deal with the relationship both Prime Minister and
the President share with each other. The articles are:

 Article 74
 Article 75
 Article 78

COUNCIL OF MINISTERS

Which articles in the Constitution deal with the Council of Ministers?

Two articles – Article 74 and Article 75 of the Indian Constitution deal with the Council of Ministers.
Where article 74 mentions that the council will be headed by the Prime Minister of India and will aid and
advise the President, article 75 mentions the following things:

 They are appointed by the President on the advice of Prime Minister

 They along with the Prime Minister of India form 15% of the total strength of the lower house i.e.
Lok Sabha. (The number cannot exceed 15%)
 91st Amendment Act provided for the disqualification of the minister when he stands disqualified
as a member of Parliament. (Difference between Lok Sabha and Rajya Sabha can be referred to in
the linked article.)
 A Minister ceased to exist as one if he is not a member of either house of Parliament for six
consecutive months.
 Parliament decides the salary and allowances of the council of ministers.
Is the advice tendered by the Council of Ministers binding on the President?

Yes, the advice is binding on the President and this provision was introduced by the 42nd Amendment
Act 1976 and 44th Amendment Act 1978. The acts also mentioned that the advice given by the council
cannot be inquired into by any court.

Collective Responsibility of the Council of Ministers

In England, the Cabinet system is based on conventions. The framers of our Constitution considered it fit
to incorporate the system in the Constitution. The principle of collective responsibility finds a place in
Art. 75(3) where it is stated that the Council of Ministers shall be collectively responsible to the Lok
Sabha. In other words, this provision means that a Ministry which loses confidence in the Lok Sabha is
obliged to resign. The loss of confidence is expressed by rejecting a Money Bill or Finance Bill or any
other important policy measure or by passing a motion of no-confidence or rejecting a motion expressing
confidence in the Ministry. When a Ministry loses the confidence of the Lok Sabha the whole of the
Ministry has to resign including those Ministers who are from the Rajya Sabha. The Ministers fall and
stand together. In certain cases, the Ministry may advise the President to dissolve Lok Sabha and call for
fresh elections.

Types of Ministers

The Indian Constitution does not categorize ministers into ranks, however, in practice seen in India,
ministers are of four types:

1. Cabinet Ministers—He is present and he participates in every meeting of the Cabinet.

2. Minister of State with independent charge—He is a Minister of State who does not work under
a Cabinet Minister. When any matter concerning his Department is on the agenda of the Cabinet,
he is invited to attend the meeting.
3. Minister of State—He is a Minister who does not have independent charge of any Department
and works under a Cabinet Minister. The work to such Minister is allotted by his Cabinet
Minister.
4. Deputy Minister—He is a Minister who works under a Cabinet Minister or a Minister of State
with independent charge. His work is allotted by the Minister under whom he is working.
 MODULE-IV

THE STATE LEGISLATURE

There are two houses in the state legislature: the legislative assembly also called Vidhan Sabha, and the
legislative council, also called Vidhan Parishad. The council of ministers of the state Legislature consists
of the chief minister and other ministers who are appointed by the Governor on the Chief Minister’s
advice.

STATE LEGISLATIVE ASSEMBLY

The state legislative assembly is defined as the lower house of the state legislature, also known as the
Vidhan Sabha, in which people directly elect members for 5 years. There are two types of legislatures
– Unicameral and Bicameral legislature. In the former, there can be only one house which can make and
implement laws at the centre or state level, while in the latter, two houses are present to form laws at the
national or state level, and the power is distributed between both the houses. India is an example of a
country with a bicameral legislature.

POWERS AND FUNCTIONS OF STATE LEGISLATURE

The State Legislative Assembly is the most potent association for running the machinery of the State
legislature. The Functions and powers of the Legislative council of the State are only advisory. However,
if the legislative assembly rejects a bill passed by the Legislative Council, then it is reconsidered in the
Legislative Council. The State Legislative Assembly has Legislative, executive, Financial, Amendment,
and electoral powers. These are explained as follows:

 Legislative powers – The Legislative council is less powerful in making laws than the State
Legislative assembly. A bill has to pass through the Legislative assemble first then it is forwarded
to the Legislative council.
 Financial powers – With respect to the money bills, the Legislative Assembly of the State holds
the supreme power. The State’s finances are sanctioned and controlled by the Legislative
Assembly of the State. Along with this, the state legislative assembly is responsible for managing
the annual budget of the State.
 Executive powers – The legislative assembly has the position of authority and holds the right to
question its members. Also, the State legislative assembly has the power to reject any government
policy (of the State) that can lead to a no-confidence motion.
 Amendment powers – In agreement with the State legislature, the Parliament can make
some constitutional amendments. E.g., The Parliament has to seek the opinion of the State
legislative assembly to decide to alter the State’s boundaries.

The Legislative Council of the State legislature holds the right to delay the non-money bill by 3 months
and a money bill by 14 days. If delayed, that bill is sent back for rework by 1 month. Also, the member of
the Legislative Council doesn’t have the right to elect the president of the country. Some other powers of
the State Legislative Assembly are as follows-
  The State Legislative Assembly can elect its Deputy Speaker and the Speaker. However, in
certain chances, it can remove the Speaker and Deputy Speaker from their respective positions by
a no-confidence vote.
 The members of the Legislative Assembly can participate in electing the President of the country.
 The reports presented by the State Public Service Commission, Auditor-General, and similar
agencies are considered by the State Legislative Assembly.

LIMITATIONS ON THE POWERS OF STATE LEGISLATURE

The State Legislative Assembly is similar to the Lok Sabha’s functioning. However, there are
certain limitations on the powers of the State Legislature. These are as follows:

 Without the previous sanction of the Indian President, certain bills cannot be moved in the
Legislative Assembly
 President’s assent is required to operate certain bills passed by the State Legislature after being
reserved for the President’s consideration by the governor of the respective State.
 Parliament can frame laws for any part of the Indian territory or the whole State concerning
matters listed in the State List. However, the proclamation of emergency is in operation.

COMPOSITION OF STATE LEGISLATURE

India is a legislative body with two bodies. Its State Legislature includes the Legislative Assembly and
Legislative Council. Both these houses share the implementation and administration of the laws. These
two bodies of the State Legislature are explained below.

STATE LEGISLATIVE ASSEMBLY

The popularly elected chamber of the State legislature is the Legislative assembly and is considered the
real chamber of the State. The total number of members of the State Legislative Assembly can not exceed
500, while the minimum number cannot exceed 60. However, states like Goa, Arunachal Pradesh, and
Sikkim are the exceptions, as they are allowed to have comparatively smaller Assemblies. But, the ratio
between the State’s population and the number of seats in the State Legislature should be the same for all
the states.

STATE LEGISLATIVE COUNCIL

The maximum number of members in the Legislative council should not exceed 1/3rd Legislative
Assembly’s members, while the lower number should be 40 members only and not less than that.
However, the least number of Legislative council members is only 36 in Jammu and Kashmir. The
composition of the State Legislative Council is provided by the Indian Constitution. However, it is not
final, and the final power is enjoyed by the Union’s Parliament.

STATE LEGISLATIVE ASSEMBLY MEMBERS QUALIFICATION

 They must be a citizen of India.

 Twenty-five years old for the Legislative Assembly and 30 years for the Legislative Council.
 Must possess the qualifications prescribed by the Parliament.
Bicameral and Unicameral States

What is a Unicameral State?

It is a form of the legislature where only one house (one central unit) exists to make and implement laws
for the state/country.

What is a Bicameral State?

It is a legislative body with two houses. India is one such example where there are two houses both at
union and also at 6 of its 28 states. In a bicameral legislature, the function to administer and implement
the laws are shared between the two houses.

State Legislature – Legislative Assembly

The Legislative Assembly is the popularly elected chamber and is the real Centre of power in a State. The
maximum strength of an assembly must not exceed 500 or its minimum strength fall below 60. But some
of the States have been allowed to have smaller Legislative Assemblies, e.g. Sikkim, Arunachal Pradesh,
Goa, etc.

The territorial constituency’s demarcation should be done as far as possible, such that the ratio between
the population of each constituency and the number of seats allotted to it is the same all over the State.

Apart from these general provisions, there are also special provisions with respect to the representation of
SC and ST. In case the Governor feels that the Anglo-Indian community is not adequately represented, he
can nominate one member of that community to the assembly.

State Legislature – Legislative Council

The Legislative Council of a State Comprises not more than one-third of the total number of members in
the Legislative Assembly of the State and in no case less than 40 members. However, in Jammu and
Kashmir, the strength is only 36. The system of the composition of the Council as provided for in the
Constitution is not final. The final power is given to the Parliament of the Union. But until the Parliament
legislates on the subject, it shall be as provided for in the Constitution, which is described below:

Duration of Legislative Assembly & Legislative Council

It will be a partly nominated and partly elected body, the election being an indirect one and in accordance
with the principle of proportional representation by the single transferable vote. The members being
drawn from various sources, the Council shall have a variegated composition. Broadly speaking 5/6 of the
total number of members of the Council shall be indirectly elected and 1/6 will be nominated.

The duration of the Legislative Assembly is five years. The Governor has the power to dissolve the
Assembly even before the expiry of its term. The period of five years, may, while a proclamation of
emergency is in operation, be extended by the Parliament by law for a period not exceeding one year at a
time and not extending in any case beyond a period of six months after proclamation has ceased to
operate (Article 172(1)). Unlike the Legislative Assembly, the Legislative Council is not subject to
dissolution. It is a permanent body unless abolished by the Legislative Assembly and Parliament by the
due procedure. But no person can be a permanent member of the Council as one-third of the members of
the Council retire on the expiry of every second year. It amounts to a term of six years for each member.
There is no bar on a member getting re-elected on the expiry of his term.

(a) one-third of the total number of members of the Council would be elected by electorates consisting of
members of local bodies like the municipalities and the district boards.
(b) one-twelfth of the members would be elected by electorates comprising of graduates of the standing of
three years dwelling in that particular state.

(c) one-twelfth of the members would be elected by electorates consisting of teachers who have been in
the teaching profession for at least 3 years in educational institutes in that state, which are not lower than
secondary schools in the standard.
(d) one-third would be elected by members of the Legislative Assembly from amongst people who are not
Assembly members.
(e) The rest would be nominated by the Governor from persons having knowledge or practical experience
in matters like science, literature, cooperative movement, art and social service. (The Courts can’t
question the propriety or bonafide of the Governor’s nomination.)

Qualifications of Members of Legislative Assembly

A person shall not be qualified to be selected to occupy a seat in the Legislature of a State unless he/she

(a) is an Indian citizen;

(b) is 25 years or above for Legislative Assembly, and is 30 or above for Legislative Council, and
(c) possess such other qualifications as may be prescribed by the Parliament.
Thus, the Representation of the People Act, 1951, has provided that a person shall not be elected either to
the Legislative Assembly or the Council unless he is himself an elector for any Legislative Assembly
constituency in that State. A person can be disqualified for being selected as and for being a member of
the Legislative Assembly or Legislative Council of a State if he/she
(a) holds an office of profit under GOI or any State Government, other than that of a Minister at the centre
or any state or an office declared by a law of the State not to disqualify its holder (many States have
passed such laws declaring certain offices to be offices the holding of which does not disqualify its holder
for being a member of the Legislature of that States)
(b) is mentally unsound as declared by a competent Court
(c) is an undischarged insolvent
(d) is not an Indian citizen or has voluntarily got the citizenship of a foreign State or is under any
acknowledgement of adherence/allegiance to a foreign nation
(e) is so disqualified by or under any law made by Parliament

Thus, the Representation of the People Act, 1951, has laid down some grounds of disqualification, like
conviction by a Court, having been found guilty of electoral malpractice, being a manager or director of a
corporation in which Government possesses a financial interest. Article 192 says that if any question
arises as to whether a member of a House of the Legislature of a State has become subject to any of the
disqualifications mentioned above, the matter will be referred to the Governor of the state who has to act
in accordance with the opinion of the Election Commission. His decision is final and not liable to be
questioned in Court.

Who are the officers of the state legislature?

Facts about Speaker & Deputy Speaker:

1. A Speaker vacates his office if he ceases to be a member of the Assembly.

2. He may also resign his office at any time.
3. A speaker may be removed from office by a resolution of the Assembly passed by a majority of
all the then members of the Assembly after fourteen days’ notice of the intention to move such a
resolution.
4. Speaker does not vacate his office on the dissolution of the Assembly.
5. He continues to be the Speaker until immediately before the first sitting of the Assembly after the
dissolution.
 6. While the office of the Speaker is vacant, the Deputy Speaker performs his duties.
7. The duties and powers of the Speaker are, broadly speaking the same as those of the Speaker of
the House of the People

Facts about Chairman & Deputy Chairman:

1. The Council chooses from amongst its members a Chairman and a Deputy Chairman.
2. Both vacate their offices if they cease to be members of the Council or resign from its
membership.
3. They can also be removed by a resolution of the Council passed by a majority of all the then
members of the Council, provided fourteen days notice to move such resolution of removal has
been given.
4. When the resolution for removal is under discussion against the Chairman or the Deputy
Chairman, the concerned person shall not preside at the sitting of the Council, although he may
be present at such a sitting and has the right to speak in, and otherwise to take part in the
proceedings of the Council.
5. He shall be entitled to vote only in the first instance on such resolution or on any other matter
during such proceedings.
6. In case of an equality of votes, he does not exercise a casting vote to which he is otherwise
entitled under Article 189.
7. The Chairman presides at all sittings of the Council and in his absence the Deputy Chairman.
8. During the absence of both the Chairman and the Deputy Chairman, such other person as may be
determined by the rules of procedure of the Council shall preside; or, if no such person is present,
such other person as may be determined by the Council shall act as Chairman.
9. While the office of the Chairman is vacant, the duties of his office are performed by the Deputy
Chairman. If the office of the Deputy Chairman is also vacant, such member of the Council as the
Governor may appoint shall perform all such duties connected with the office of the Chairman.

Powers & Functions of State Legislature

The functions of the states’ Legislative Council are only advisory in nature. If any Bill is passed by the
Legislative Assembly and sent to the Council, and the Council refuses to give its approval, then the
Assembly has the right to reconsider it. The assembly may pass it with or without the amendments
proposed by the Council, and again send it to the Council. When a bill approved by the Assembly is sent
to the Council for the first time, it may retain it for three months, but in the case when it is sent for the
second time and is kept in the Council for one month only, the bill is deemed as having been passed. This
evidently demonstrates the Assembly’s absolute superiority over the LC. In the case of Money Bills, the
State Assembly’s powers are the same as those of the Lok Sabha. It is evident that the position of the
Vidhan Parishad is haplessly weak. Even, in theory, it cannot be compared to the Rajya Sabha that, in
spite of being the upper chamber of the Union Legislature, has some effective powers.

.
 1. All the LC can do is delay the passing of a money bill by 14 days, a non-money bill by 3 months
or a non-money bill that is sent back to it with recommendations by 1 month.
2. There is no provision in the Constitution for a joint sitting of the State Legislature. It is to be
noted that while the Vidhan Sabha can override the Vidhan Parishad, the vice versa is never
possible. A non-money bill that is passed by the Vidhan Parishad can be rejected by the Vidhan
Sabha more than once.
3. The LC members do not participate in the election of the President of the country. Apart from
that, they do not have any meaningful role in any bill’s rectification nor in a constitutional
amendment. In practical terms, the Legislature of a State implies its Legislative Assembly which
possesses the following major powers and functions:

 It can create laws on any subject in the State List; it can also create laws on the
Concurrent List provided the law does not contradict or conflict any law already made by
the Parliament.
 The Assembly asserts control over the Council of Ministers. Assembly members can
question the ministers, move motions and resolutions, and also pass a vote of censure in
order to dismiss the state government. The government ministry is collectively
accountable to the Legislative Assembly. If the ministry is defeated in the Assembly, it
amounts to the passing of a no-confidence vote against the government.
 The assembly controls the State’s finances. A money Bill can emerge from the Assembly
and it is considered passed by the LC after a lapse of fourteen days after reference made
to it by the Sabha. It could reject or pass the grants or reduce their amount indicating
rejection or adoption of the budget and hence, implying victory or defeat of the State
Government. Therefore, no tax can be levied or withdrawn without the consent of the
Vidhan Sabha.

4. The Assembly has constituent powers. With reference to Article 368, certain Bills of
Constitutional amendment after being passed by the Parliament would be referred to the States
for the process of ratification. In these cases, the Vidhan Sabha has a role to play. It should give
its judgement by passing a resolution by a simple majority indicating approval or disapproval of
the said Bill. There is a provision wherein the President shall refer to the state assembly of a state
before he recommends the introduction of a bill which concerns with the alteration of the
concerned state’s boundary lines or its reorganisation in such a manner that its territory is
increased or decreased.
5. Some other powers of the State Assembly are as under:
 It elects its Speaker as well as Deputy Speaker. It can also remove them by a no-
confidence vote.
 It participates in the election of India’s President.
 It also considers reports presented by agencies such as the Auditor-General, State Public
Service Commission, and others. Hence, it is evident that the Vidhan Sabha is the
powerful and popular chamber of the State Legislature. In theory, it is somewhat parallel
to the Lok Sabha.

Limitations on the powers of State Legislature

 Certain types of Bills cannot be moved in the State Legislature without the previous sanction of
the President of India
  Certain Bills passed by the State Legislature cannot become operative until they receive the
President’s assent after having been reserved for his consideration by the Governor;
 The Constitution empowers Parliament to frame laws on subjects included in the State List if the
Council of States declares that it is necessary and expedient in the national interest that
Parliament should Legislate on these subjects
 Parliament can exercise the power to make laws for the whole or any part of the territory of India
with respect to any of the matters enumerated in the State List, while a Proclamation of
emergency is in operation

THE STATE GOVERNOR

The state executive is made up of the Governor, Chief Minister, Council of Ministers, and Advocate-
General of State. Governor, as President, heads the state government. Article 153-167 in the Indian
Constitution deal with the provisions related to the state governments of the country.

Governor is a titular head or constitutional head and at the same time, he is the agent of the centre as the
union government nominates Governor in each state.

Who is a Governor?

Governor is a nominal executive head of the state. He forms an important part of the state executive
where he acts as the chief executive head. Central Government nominates the governor for each state.

How is a Governor Appointed?

The Indian President appoints Governor for each state by warrant under his hand and seal. Central
Government is responsible to nominate the governor for each state.

Note:

 Unlike elections of the president, there is no direct or indirect election for the post of Governor.
 The office of a governor is not a part of the union executive and is an independent constitutional
office. The governor doesn’t serve the union government and neither is subordinate to it.
 The nomination of a governor by the Union and his appointment by the President in India is
based on the Canadian model of government.
What is the term of the Governor’s office?

Since the Governor holds the office under the pleasure of the President, his office has no fixed term.
President can remove the Governor and the grounds upon which he may be removed are not laid down in
the constitution.

Governor may also get transferred from one state to another by the President. He also can be reappointed.

Who is qualified to become a Governor?

Unlike Lok Sabha or Rajya Sabha members or even in the case of Prime Minister or President who have a
set of qualifications to meet to hold the office; Governor has to meet only two qualifications:

1. He should be an Indian Citizen

2. He should be 35 years old or more
Note: There are two conventions that the government follows before nominating a person as a Governor:

1. That person is not appointed as the governor who belongs to the state. He shall be an outsider
having no relation with the state he is being appointed to.
2. Consultation of the Chief Minister is taken by the President before appointing a governor
It should also be noted that both the above conventions are not absolute and have been ignored by the
union government in many instances.

What are the conditions of his office?

There are a few conditions for a person to be appointed as a Governor:

 He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either of the
house, he should vacate the seat on his first day as Governor in the office.
 He should not hold any office of profit.
 For his residence, Raj Bhavan is provided to him without the payment of rent.
 Parliament decides his emoluments, allowances, and privileges.
 When a governor is responsible for two or more states, the emoluments and allowances payable
to him are shared by the states in such proportion as the President may determine.
 Parliament cannot diminish his emoluments and allowances during his term of office.
 He is given immunity from any criminal proceedings, even in respect of his personal acts
 Arrest or imprisonment of the Governor cannot take place. Only civil proceedings can be initiated
for his personal acts that too after giving two months’ of prior notice.
Powers and functions of the Governor

Executive Powers of the Governor

The following comes under his executive powers:

1. Every executive action that the state government takes, is to be taken in his name.
2. How an order that has been taken up his name is to be authenticated, the rules for the same can be
specified by the Governor.
3. He may/may not make rules to simplify the transaction of the business of the state government.
4. Chief Ministers and other ministers of the states are appointed by him.
5. It is his responsibility to appoint Tribal Welfare Minister in the states of:
1. Chattisgarh
2. Jharkhand
3. Madhya Pradesh
4. Odisha
6. He appoints the advocate general of states and determines their remuneration
7. He appoints the following people:
1. State Election Commissioner
2. Chairman and Members of the State Public Service Commission
3. Vice-Chancellors of the universities in the state
8. He seeks information from the state government
9. A constitutional emergency in the state is recommended to the President by him.
10. The governor enjoys extensive executive powers as an agent of the President during
the President’s rule in the state.

LEGISLATIVE POWERS OF THE GOVERNOR

The following are the legislative powers of the governor:

1. It’s in his power to prorogue the state legislature and dissolve the state legislative assemblies
2. He addresses the state legislature at the first session of every year
3. If any bill is pending in the state legislature, Governor may/may not send a bill to the state
legislature concerning the same
4. If the speaker of the legislative assembly is absent and the same is Deputy Speaker, then
Governor appoints a person to preside over the session
5. As President nominates 12 members in Rajya Sabha, Governor appoints ⅙ of the total members
of the legislative council from the fields of:
1. Literature
 2. Science
3. Art
4. Cooperative Movement
5. Social Service
6. As President nominates 2 members in the Lok Sabha, Governor nominates 1 member in state
legislative assembly from Anglo-Indian Community.
7. He can consult Election Commission for the disqualification of members
8. With respect to the bill introduced in the state legislature, he can:

 Give his assent

 Withhold his assent
 Return the bill
 Reserve the bill for the President’s consideration (In instances where the bill introduced
in the state legislature endangers the position of state High Court.)
Note: Governor can reserve the bill for the President’s consideration in the following cases:

 When provisions mentioned in the bill violates the constitution (Ultra-Vires)

 When provisions mentioned in the bill oppose Directive Principles of State Policy
 When provisions mentioned in the bill hinders the larger interests of the country
 When provisions mentioned in the bill concern the national importance

1. When provisions mentioned in the bill mention the acquisition of property that is dealt with
Article 31A in the constitution. An ordinance can be promulgated by him when either the
Legislative Assembly or Council (Unicameral/Bicameral) are not in session. The following
reports are laid by him:
1. State Finance Commission
2. State Public Service Commission
3. Comptroller and Auditor General (Concerning the state finance)

FINANCIAL POWERS OF THE GOVERNOR

The following are the financial powers and functions of the Governor:

1. He looks over the state budget being laid in the state legislature
2. His recommendation is a prerequisite for the introduction of a money bill in the state legislature
3. He recommends for the demand for grants which otherwise cannot be given
4. Contingency Fund of State is under him and he makes advances out that to meet unforeseen
expenditure. (Download the notes on the types of funds in India from the linked article.)

5. State Finance Commission is constituted every five years by him.

 JUDICIAL POWERS OF THE GOVERNOR

The following are the judicial powers and functions of the Governor:

1. He has the following pardoning powers against punishment:

1. Pardon
2. Reprieve
3. Respite
4. Remit
5. Commute
2. President consults the Governor while appointing judges of High Court.
3. In consultation with the state High Court, Governor makes appointments, postings, and
promotions of the district judges.
4. In consultation with the state high court and state public service commission, he also appoints
persons to the judicial services.

CHIEF MINISTER

The Chief Minister is the state government's most powerful official. He is the head of the State
Council of Ministers and the real executive head of state government. He wields enormous power
and is a key figure in the state. The Constitution makes no mention of a specific procedure for
selecting and appointing the Chief Minister. According to Article 164 of the Indian Constitution,
the Governor appoints the Chief Minister. It also mentions that there shall be a Council of
Ministers along with the Chief Minister, to assist and advise the governor. After the Legislative
Assembly election, the task of forming the government begins. The party with the most votes in
the Legislative Assembly (Vidhan Sabha) has the right to form the government. The governor
must appoint the leader of the majority party in the state legislative assembly as chief minister,
regardless of his preferences. Ministers are appointed based on the Chief Minister’s
recommendations. The Chief Minister may be a member of either of the two Houses of a state
legislature.

Powers and Functions of Chief Minister

The Chief Minister's powers and functions can be studied under the following headings:

With Regards to Council of Ministers

 The governor appoints only those persons as ministers who are recommended by the Chief
Minister.
 He assigns and reshuffles portfolios to ministers.
 In the event of a disagreement, he can ask a minister to resign or advise the governor to dismiss
him.
 He presides over meetings of the council of ministers and has an influence on its decisions.
 He directs, supervises, and coordinates the activities of all ministers.
 By resigning from office, he can bring the council of ministers to an end.
  Since the Chief Minister is the head of the council of ministers, his resignation or death results in
the council of ministers being dissolved.
 Any other minister's resignation or death, on the other hand, simply creates a vacancy, which the
Chief Minister may or may not fill.

With Regards to the Governor

 He serves as the primary liaison between the governor and the council of ministers. It is the Chief
Minister's duty to:

 communicate to the Governor of the state all decisions of the council of ministers relating
to the administration of the affairs of the state and proposals for legislation;
 furnish such information relating to the administration of the affairs of the state and
proposals for legislation as the governor may require; and
 submit for the consideration of the council of ministers any matter that the governor so
requires.

 He advises the governor on the appointment of important officials such as the state attorney
general, the chairman and members of the state public service commission, the state election
commissioner, and so on.

With Regards to State Legislature

 He advises the governor on the summoning and proroguing of the state legislature's sessions.
 He has the authority to recommend to the governor the dissolution of the legislative assembly at
any time.
 He announces the government's policies on the floor of the House.

Other Powers & Functions

 He is the State Planning Board's chairman.

 By rotation, he serves as vice-chairman of the concerned zonal council, holding office for one
year at a time.
 He is a member of the Prime Minister's Inter-State Council and the Governing Council of
NITI Aayog.
 He is the state government's chief spokesman.
 During emergencies, he serves as the chief crisis manager at the political level.
 As the state's leader, he meets with various groups of people and receives memos from them
about their problems, and so on.
 He is the political head of the services.

Significance of the Post of Chief Minister

 The CM's position is paramount in the State's governmental system.

 In practice, his position will only be imposing if his party has a clear majority in the State
Legislature.
 When there is a coalition government, it is more difficult to uphold the principle of collective
responsibility.
  In that case, much of the Chief Minister's time and energy will be wasted on keeping his team
united and disciplined.
 The Chief Minister is the primary spokesperson for a state's government.
 He is the Governor's chief advisor, the leader of the majority party in the state legislature, and the
most powerful leader of his party.
 He is the official representative of the entire state. Normally, he has vast powers of appointment
and promotion, and the Governor always seeks his advice.
 The Chief Minister is the chief architect of the state government's policies. He is in charge of the
state administration.
 His position in the state is comparable to that of the Prime Minister in the centre.
 The Chief Minister communicates all policies and decisions to the people of the state through the
media.
 He holds regular or periodic press conferences in which he/she informs the citizens of the state
about how the government is working.

Conclusion
The Chief Minister plays a very important and critical role in state administration. The governor's
discretionary powers, on the other hand, limits the Chief Minister's power, authority, influence, prestige,
and role in state administration.