GOVERNOR

Manipur Chief Minister N Biren Singh tendered his resignation to Governor Ajay Kumar Bhalla.

Constitutional Provisions

  • Article 153: Every state shall have a Governor. A person can be appointed as the Governor for more than one state.
  • Article 154: Executive power of the state is vested in the Governor.
  • Article 155: The President of India appoints the Governor. The Governor is not elected by the people but nominated by the President, following the Canadian model of governance.
  • Article 156 (Term and Removal):
    • Governors serve for five years but hold office at the President’s pleasure.
    • Governors can resign by submitting a letter to the President, or can be transferred or removed at the President’s discretion.
  • Article 157: Must be a citizen of India and at least 35 years old.
  • Article 158 (Conditions of Office):
    • The Governor cannot be a member of Parliament or state legislature.
    • The Governor is entitled to an official residence (Raj Bhavan) and emoluments determined by Parliament.
  • Article 159:
    • The Governor takes an oath to protect and defend the Constitution and law, and to serve the people of the state.
    • The Chief Justice of the High Court administers the oath.
  • Article 163: The Governor must act on the advice of the Council of Ministers, except in matters requiring discretion.
  • Article 164: The Council of Ministers is collectively responsible to the state legislature.
  • Article 201: Bills reserved by the Governor for consideration of the President
  • Article 213: Power of Governor to promulgate ordinances

Powers and Functions:

  • Executive Powers: Appoints key officials, administers the state, and acts as the Chancellor of state universities.
  • Legislative Powers: Summons or prorogues the legislature, addresses sessions, and exercises veto power on bills.
  • Financial Powers: Oversees the state budget, approves money bills, and advances from the Contingency Fund.
  • Judicial Powers: Grants pardons and commutations and consults the President for state high court judge appointments.

Situational Discretion:

  • The Governor may act on discretion in appointing a Chief Minister when no party has a majority or when the CM dies unexpectedly.
  • The Governor can dismiss a Council of Ministers if they fail to prove majority or dissolve the state legislative assembly.

Special Responsibilities:

  • The Governor carries out specific duties as directed by the President and in consultation with the Chief Minister.

Sarkaria Commission Guidelines:

  • The Governor should be distinguished in some field, ideally from outside the state, and remain detached from local politics.
  • The selection process should involve consultation with the Chief Minister and adhere to principles of political neutrality.

CHIEF MINISTER

  • Article 163: Establishes the Council of Ministers, headed by the CM, to aid and advise the Governor, except on discretionary matters.
    • Governor’s decision on discretionary matters is final.
    • Advice given by the Ministers cannot be examined by courts.
  • Article 164: Specifies the appointment of ministers, including the CM, and their roles and responsibilities within the state government.
  • Article 166: Deals with the conduct of business of the state government.
  • Article 167:
    • CM must inform the Governor of decisions made by the Council of Ministers.
    • CM must provide any information requested by the Governor about state affairs and legislation.
  • Article 177: Ministers, including the CM, have the right to speak in state legislative bodies but cannot vote unless they are members of the house.
  • Appointment:
    • The CM is appointed by the Governor (Article 164).
    • Traditionally, the Governor appoints the leader of the majority party in the legislative assembly.
  • Absence of Majority:
    • If no clear majority, the Governor can appoint the leader of the largest party/coalition and require a confidence vote.
  • Membership Criteria:
    • A person not yet a member can be appointed CM, but must secure a legislative seat within six months.

Appointment of Council of Ministers:

  • The CM advises the Governor on the appointment of other ministers, who serve at the Governor’s discretion.
  • Ministers are usually appointed from the legislature, but non-members can be appointed with the condition to secure a seat within six months.

Disqualification:

  • 91st Constitutional Amendment Act, 2003: Disqualified members due to defection are ineligible for appointment as CM or minister.

Oath and Terms of Office:

  • Oath of Office and Secrecy:
    • CM and ministers pledge loyalty to the Constitution, impartiality, and confidentiality of office.
  • Terms of Office:
    • Not fixed, dependent on confidence in the legislative assembly.
    • If support is lost, the CM and Council may be dismissed by the Governor.
  • Salary & Allowances:
    • Determined by the state legislature, including housing and travel allowances.

Powers and Functions of the Chief Minister:

  • With the Council of Ministers:
    • Recommends ministers for appointment and reshuffles portfolios.
    • Can advise resignation or dismissal of ministers.
    • Presides over council meetings, directs and coordinates activities of ministers.
    • The CM’s resignation leads to the collapse of the Council of Ministers.
  • With the Governor:
    • Serves as the communication link between the Governor and Council.
    • Informs Governor of decisions and provides requested information.
    • Advises the Governor on appointments of key officials like Advocate General and State Election Commissioner.
  • With the State Legislature:
    • Advises the Governor on summoning or proroguing the legislature.
    • Can recommend the dissolution of the legislative assembly.
    • Announces government policies in the house.
  • Other Powers and Functions:
    • Chairman of the State Planning Board, member of Inter-State Council, and Governing Council of NITI Aayog.
    • Chief spokesperson of the state and crisis manager during emergencies.

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