Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 26 State Executive-Governor, Council of Ministers and Chief Minister Textbook Exercise Questions and Answers.
PSEB Solutions for Class 11 Political Science Chapter 26 State Executive-Governor, Council of Ministers and Chief Minister
Long Answer Type Questions
Question 1.
Describe the appointment, powers and position of the Governor of your state.
Or
Describe the powers and position of the Governor.
Or
How is the Governor of a State appointed? Discuss his powers and position.
Answer:
While the executive power of the Union is vested in the President, that of a state is vested in a Governor. But in practice executive powers are exercised by the Council of Ministers headed by the Chief Minister.
Appointment of the Governor:
A Governor is appointed by the President. Provison for an elected Governor had been made in the draft of the Constitution but this idea was dropped because an elected Governor would claim some powers as the representative of the people and that would have created a deadlock.
Therefore, provision for a nominated Governor is made by the President, yet actually he is nominee of the Central Cabinet. In fact this is a political post and the Prime Minister and the other members of the Cabinet would like to have men of their confidence on such key posts. Normally retired or defeated politicians are appointed to these posts. On Feb. 1, 1990 the President appointed 14 new governors. On 18th August, 2016. The President Sh. Pranab Mukherjee appointed Sh. V.P. Singh Badnore as the Governor of Punjab.
Salary and Allowances:
The pay of the Governor is Rs. 3,50,000 per month. In addition to that he gets allowances. He is given a rent-free residence, usually named Raj Bhawan. The salary and allowances of the Governor are charged on the consolidated fund of the state and are not subject to the Vote of the state legislature. The parliament may by law change the allowances or pay but the same cannot be decreased during his tenure. If any other individual acts as a Governor of more than one state, the emoluments payable to him will be fixed by the President.
Qualifications:
The following qualifications have been given in the Constitution for a Governor:
- He should be a citizen of India.
- He should not be less than 35 years of age.
- He must not hold any office of profit.
- He cannot remain a member of Parliament or a State Legislature if such a member is appointed a Governor. His seat in the legislature concerned will fall vacant as and when he takes over the charge as a Governor.
- He must possess the qualifications prescribed for membership of the State Legislature.
Term of Office:
The Governor is appointed for a period of five years. The President has the right to extend the term also. However, the Governor holds the office during the pleasure of the President at any time. At the time of removal no reasons have to be given by the President. In October 1980 Mr. Prabhudas Patwari, the Governor of Tamil Nadu, was dismissed. In January, 1990 the President sought the resignation of all the governors. The Governor may himself resign before the expiry of his term. On 16th March, 1998 controversial Uttar Pradesh Governor Romesh Bhandari resigned within hours of appointment of Mr. Atal Behari Vajpayee as the Prime Minister.
Immunities:
According to Art. 361, the Governor is not answerable to any Court for the exercise and performance of the powers and duties of his office or for any act done by him in the exercise of his official duties. No criminal proceedings can be instituted or continued against the Governor of a State in any Court, during his term of office.
Nor any process for the arrest or imprisonment of the Governor shall be issued from any Court during his term of office. Civil proceedings against the Governor can be instituted in any Court in respect of any act done in his personal capacity during his term of office. But a two-month notice in writing has to be delivered to him stating the nature of the proceedings, the cause of the action, the name of the party intending to sue him, and the relief demanded.
Powers of the Governor:
The administration of the State is under the control of a Governor. He is the head of the State and he exercises various powers. These are given as follows:
1. Executive Powers:
The Governor is the head of the State. All the executive powers of the State are vested in him. He exercises the powers connected with the subjects mentioned in the State list or the concurrent list either directly or through officers subordinate to him. All the laws are executed in his name and he is responsible for the maintenance of peace and order in the State. All the important officials for the State are appointed by the Governor and all the employees of the State work under him.
He appoints the Chief Minister and all other ministers are appointed by him on the advice of the Chief Minister. Besides this the Governor appoints the State Advocate General, Chairman and members of the Public Service Commission and the Vice Chancellors of the Universities. The ministers hold office during the pleasure of the Governor. He has the power to dismiss the Council of Ministers.
Article 167 provides that it is the duty of the Chief Minister of the State 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 proposal for legislation as the Governor may call for, and if the Governor so requires ; to submit for the 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.
The Governor sends his report to the President regarding the failure or the possibility of a failure of the constitutional machinery of a state. When the President makes a Proclamation of Emergency for the State under Art. 356 of the Constitution, the Governor acts as the agent of the Central Government.
2. Legislative Powers:
The Governor exercises many legislative powers
(i) He is a part of the State Legislature.
(ii) He convenes the sessions of the State legislature. He is to convene the next session within a period of six months.
(iii) He can increase the duration of the session as well as adjourn the session before time.
(iv) The Governor can dissolve the legislative assembly and can order fresh elections,
(v) He can address both the chambers of the State Legislature independently or collectively,
(vi) The first session after the general election and the first session of the new year starts with the inaugural address of the Governor. In his inaugural address the Governor places before the legislature the policy of the Government for the year. He also invites the attention of the legislature towards the problems facing the state
(vii) He nominates 1/6 members of the Legislative Council and one member to the Legislative Assembly from the Anglo-Indian community if it has not got adequate representation in the chamber,
(viii) He can send messages to the legislature from, time to time.
(ix) No bill passed by the legislature can become an act without the signature of the Governor. He can reject an ordinary bill and can reserve certain types of bill for the approval of the President of India. If the legislature passes the bill for the second time the Governor will have to give his assent,
(x) He can issue ordinance, when the Legislative Assembly is not in session. The ordinances have the force of laws but they must be approved by the legislature within a period of 6 weeks from the start of the session of the legislature otherwise they will become ineffective.
3. Financial Powers:
It is the duty of the Governor to present the budget for the year before the legislature before the start of the financial year. All money bills can be introduced in the state legislature only on the recommendation of the Governor. He can spend money from the contingency fund.
4. Judicial Powers:
He enjoys some judicial powers also. The Chief Justice and ether Judges of the State High Court are appointed on the advice of the Governor. The Judges of the courts are also appointed by him. He has the power to pardon, reprieve and commute punishment. Such powers extend only in respect of cases over which the state legislature has powers to make laws. He has no powers to pardon criminals who are guilty of breaking the Union Laws.
5. As Chancellor:
The Governor of a State is the ex-officio Chancellor of the Universities in the state except the National Universities. He appoints Vice-Chancellors of these Universities. In this sphere also he is supposed to act on the advice of his Council of Ministers but Governors like Gadgil refused to be dictated by the Chief Minister in the sphere which is academic and clearly separated from the administration.
6. Miscellaneous Functions:
Besides the above functions, the Governor has also certain miscellaneous functions:
- The Governor may grant help from the contingency fund to help the people in natural calamities.
- The Governor receives the annual report of the Public Service Commission and with Comments of the Cabinet he sends it to the Legislative Assembly.
Position of the Governor:
The Constitution vests the executive powers of the State in the Governor. There is Chief Minister and his Council of Ministers to aid and advise the Governor. It is only in theory that the State Governor enjoys vast powers. In the State also there is a Parliamentary form of Government, therefore, the Governor is only the Constitutional or nominal head of the State.
According to Dr. Ambedkar, the Governor has no functions, not to speak of powers; he has only ‘duties’. And the duties of the Governor, he said, are mainly two:
- to retain the ministry in office and to see when to exercise his pleasure for that purpose in the best possible manner ; and
- to advise the ministry, to warn the ministry, and to suggest to the ministry alternation and ask for a reconsideration.
He always acts on the advice of his ministers. The powers vested in the Governor are actually exercised by the ministers. He can do nothing against or without the advice of the ministers. The leader of the majority party in the legislative assembly is to be appointed the Chief Minister of the State. The Chief Minister also recommends the names of the other ministers for appointment to the Governor. The Governor cannot add or drop any name of his own accord.
The Governor cannot remove the ministers from their office. The Cabinet remains in office so far as it enjoys the support of the majority party, The Governor summons the meetings of the legislature on the advice of the Cabinet. The inaugural address to be read by the Governor is also prepared by the Cabinet. The Governor dissolves the legislature and orders fresh election on the advice of the Cabinet, All the appointments are made by the Governor on the advice of the Chief Minister.
But the above mentioned facts should give us the impression that the Governor is only the nominal head of the State. He is not a rubber stamp but under certain circumstances he can act according to his own will.
1. He is the head of the State as well as the agent of the Central Government. He is to see that the State Government carries out the policies and orders of the Central Government.
2. He can appoint any member as Chief Minister if no political party has a clear cut majority in the assembly or if the party has no acknowledged leader. For example, in May, 1982 no party secured asbolute majority in Haryana Legislative Assembly. The Governor G. D. Tapase appointed Mr. Bhajan Lai, leader of the Congrss (I), as Chief Minister.
3. The Governor should be immediately informed of all Hie decisions taken by the Cabinet. The Chief Minister informs the Governor about all the decisions taken by the Cabinet. The Governor can ask the Cabinet to reconsider a decision.
4. He can refuse to sign an ordinary bill passed by the state legislature.
5. He can dismiss a ministry if he is convinced that it has lost majority support.
6. The Governor informs the President immediately regarding the failure or the possibility of a failure of the constitutional machinery of the State. He need not consult the Cabinet when he conveys such an information to the President.
7. The Governor becomes the agent of the Central Government when the President issues a proclamation of emergency in the State. The administration of the State is run by the Governor during the period of emergency. He then acts according to the orders and wishes of the President.
Question 2.
Describe how the State Council of Ministers is formed. Also discuss its powers and functions.
Or
How is the State council of ministers formed? Explain its powers.
Answer:
In the State a government, like the Central Parliamentary Government, has been established. It is written in the Constitution that there will be a council of ministers headed by the Chief Minister to ‘aid and advise the Governor. The Governor appoints the leader of the majority party as the Chief Minister and all other ministers are appointed by him on the recommendations of the Chief Minister. But the fact is that the Governor can neither appoint not remove any minister from office of his own accord.
Appointment of the Council of Ministers. The leader of the majority party in the legislative assembly is appointed Chief Minister by the Governor. Examples are on record when the Governor appointed those as Chief Ministers who were not at all the members of the State Legislature.
Mr. Sidhartha Shankar Ray was appointed the Chief Minister of West Bengal though he was not a member of the State Legislature. The Chief Minister, after his appointment, prepares a list of his colleagues and hands it over to the Governor. The Governor appoints the Ministers according to this list. The Governor cannot make any change in the list. The Chief Minister distributes portfolios among the ministers. The Chief Minister can make a change in the departments of his ministers.
Composition:
The Council of Ministers consists of the Chief Minister and other ministers. The Council of Ministers may have three or two ranks of ministers. In the Constitution 91st Amendment Act provides that the total number of ministers including the Chief Minister in a state j shall not exceed 15% of the total number of members of the Legislative Assembly.
Term of Office:
The Cabinet does not have any definite and fixed term of office. The Chief Minister can ask any minister to resign. The Cabinet remains in office so far as it enjoys the confidence of the majority of members of the House. The legislative assembly can pass a vote of no-confidence against the ministry and the ministry will vacate office.
Qualifications:
There is only one qualification for becoming a minister that he should be a member of either House of the legislature. If a person is appointed a minister and he is not a member of the legislature he will have to become a member of the legislature within a period of 6 months of his appointment otherwise he is to leave office.
Salary and Allowances:
The salary and allowances of the Chief Minister and other ministers are fixed by the state legislature and hence it varies from state to state.
Powers and Functions of Council of Ministers:
The Council of Ministers occupies the same position in the State as the Council of Ministers occupies at the Centre. They are to perform various functions:
1. Executive Powers
The ministry exercises all the executive powers of the Governor. All the departments of the Government are under the control of the ministers and it is their responsibility to run the administration smoothly. The Council of Ministers lays down the policy of Government and in the light of that the departmental work is carried out. The Council of Ministers executes the decision taken by the Cabinet. They maintain order and peace in the State. All the big and important appointments are made on the advice of the Council of Ministers.
2. Legislative Powers
(i) The Council of Ministers has a big role to play in the making of the laws for the State.
(ii) Ministers are taken from among the members of the legislature. They participate in the meetings of the legislature. They introduce bills, participate in the discussion and cast their vote.
(iii) The meetings of the legislature are summoned and adjourned on the advice of the Cabinet.
(iv) The Inaugural address of the Governor is also preapred by the Council of Ministers.
(v) Most of the bills in the legislature are introduced by the Council of Ministers and bills are rejected and passed according to the will of the Council of Ministers. Council of Ministers has the support of the party in majority in the Legislature and this party is always at the beck and call of the Cabinet. Therefore, any bill introduced by the Cabinet cannot be rejected.
(vi) The Council of Ministers, if it so desires, can ask the Governor to dissolve the Legislative Assembly. The Governor under such circumstances also is to act on the advice of the ministry.
(vii) The Council of Ministers can issue an ordinance through the State Governor.
3. Financial Powers
The budget of the State is prepared by the Council of Ministers. The money bills can only be introduced by the ministers. These are the ministers who propose imposition of taxes or suggest reduction or abolition of taxes.
4. Judicial Powers
The Governor exercises his judicial powers on the advice of the Council of Ministers. Position of the Council of Ministers during the time of Emergency. The above ‘ mentioned powers of the Council of Ministers clearly indicate that the ministry is the real ruler of the state. Its will prevails in the making; of laws, enforcing them and in the running of the administration of the State.
But during emergency the Cabinet loses its importance. When the proclamation of emergency is issued, the resident can take the administration in his own hands and in this situation the Governor acts as the agent of the President of India. The Governor then acts on the advice of the President and not on the advice of the Council of Ministers.
Question 3.
Discuss the appointment, powers and position of the State Chief Minister.
Answer:
The administration of the State is run in the name of the Governor but in practice it is the Chief Minister who runs the administration. The head of the Council of Ministers is the Chief Minister. The position of the State Chief Minister is quite the same as that of the Prime Minister in the Centre.
Appointment:
The Chief Minister is appointed by the Governor. But the Governor is not free and independent in the appointment of the Chief Minister. He can appoint only the leader of the majority party in legislative assembly as the Chief Minister of the State. If the Governor appoints someone else to this post, then the administration of the state cannot be run smoothly. If no party commands absolute majority in the legislative assembly of the State or the majority party fails to elect its leader, the Governor can use some discretion in appointing the Chief Minister.
But he is to see that the Chief Minister can get the support of the majority in the legislature. For example in May, 1982 no party secured absolute majority in Haryana Legislative Assembly. The Governor G. D. Tapase appointed Congress (I) leader Mr. Bhajan Lai as the Chief Minister.
In Feb. 1997 Sardar Parkash Singh Badal was sworn as Chief Minister of Punjab. In Feb. 1998 in the Himachal Pradesh Assembly election no pprty secured absolute majority. On 6th March, 1998 Himachal Pradesh Governor Mrs. Rama Davi appointed Congress leader Veer Bhadra Singh as the Chief Minister because Congress was the single largest party in the Assembly. In March 2017, Captain Amrinder Singh was sworn as the Chief Minister of Punjab.
Term of Office:
The tenure of the Chief Minister is not fixed. The Governor cannot remove him from office of his own accord. The Chief Minister remains in office so far as he is supported by the majority of the members of the legislative assembly. The Chief Minister resigns when the majority in legislative assembly goes against him. On 12th March, 1998 Chief Minister of Himachal Pradesh resigned because he was not having majority support in the Assembly.
Salary and Allowances:
The salary and allowances of the Chief Minister are fixed by the State legislature. In addition to different allowances he is given free accommodation, free medical care, travelling allowance and many other facilities.
Powers and Functions of the Chief Minister:
The Chief Minister of a State enjoys in the State, a position similar to the position of the Prime Minister in the Union of India. For all practical purposes the Chief Minister holds the executive power of the State Government in his hands. The powers and functions of the Chief Minister may be discussed as under:
1. Chief Minister and Council of Ministers:
The Council of Ministers has no . existence without the Chief Minister. Like the Prime Minister, the Chief Minister of a State is also the “key stone of the Government arch.” Chief Minister’s powers regarding Council of Ministers are as ahead:
(i) Formation of the Ministry:
The Chief Minister forms the Cabinet. After his appointment he prepares a list of other ministers and the Governor makes appointments of the ministers according to that list. No person can be appointed a minister against or without the will of the Chief Minister.
(ii) Distribution of Portfolios:
The departments are distributed among the ministers by the Chief Minister. The Chief Minister looks after the work of other ministers. He can change the departments of the ministers whenever he likes. The ministers keep the Chief Minister informed regarding the working of their departments. They get advice of the Chief Minister whenever necessary.
(iii) Removal of Ministers:
The ministers remain in office during the pleasure of the Chief Minister. The Governor cannot remove any Minister from office of his own accord, The Chief Minister can ask any minister to resign if he is not happy with his work. He can make a change in his Council of Ministers whenever he likes.The resignation of the Chief Minister means the resignation of the entire ministry. In June 1994, Haryana Chief Minister, Mr. Bhajan Lai, sacked Mr. Chhatarpal Singh, the Technical Education Minister.
(iv) Chairman of the Cabinet Meetings:
The Governor cannot participate in the meetings of the Cabinet. The Chief Minister calls the meetings of the Cabinet and presides over its meetings. He also prepares and controls the agenda for Cabinet meetings. The Cabinet takes its decisions unanimously and normally the views of the Chief Minister carry weight.
(v) Leader of the Council of Ministers:
The Chief Minister is the leader of the Council of Ministers. The entire Council of Ministers works under the captaincy of the Chief Minister. The Chief Minister summons the meetings of the Cabinet and presides over them. It is he who decides the agenda of the Cabinet. He can make a change in the agenda at the eleventh hour and put forward proposals from his own side for discussion. Being the leader of the Council of Ministers, the decisions of the Council of Ministers are practically the decisions of the Chief Minister.
2. Link Between the Council of Ministers and the Governor:
The Chief Minister informs the Governor regarding all the decisions taken by the Cabinet. The Council of Ministers takes the advice of the Governor through the Chief Minister.
3. Leadership of the Cabinet in the Legislature:
The Chief Minister can attend the meetings of both the Houses and can participate in their working. The members of the legislature ask questions to the Cabinet members and criticise their policies and actions. When a minister cannot give satisfactory reply to the criticism of a member, the Chief Minister assists the minister in satisfying the member. The important decisions taken by the Cabinet are announced in the legislature by the Chief Minister.
4. Principal Advisor of the Governor:
The Chief Minister is the principal advisor of the Governor. He takes the advice of the Chief Minister on all the issues. The Governor makes all the important appointments in the State on the advice of the Chief Minister. The Chief Minister gives every information to the Governor regarding the State administration.
5. Leader of the Legislature:
The Chief Minister is also the leader of the legislature. He is the leader of the legislative assembly because his party commands majority in
the legislature. Legislative Assembly is more important than the Legislative Council. The Legislative Council cannot stand in the way of Legislative Assembly. Therefore, the legislature generally acts under the guidance of the Chief Minister. No law can be framed without the will of the Chief Minister. During emergency also the legislature performs its functions according to the instructions of the Chief Minister.
6. Leader of the masses:
The Chief Minister is the leader of the masses in the State. He is the elected representative of the people And is supported by the majority party in the House. The people of the State are always ready to carry out the wishes of the State Chief Minister. His office is of ,great importance in the State.
Position of the Chief Minister:
In the State, the position of the Chief Minister is similar to the positon of the Prime Minister at the Centre. The Chief Minister is the man of conscience in the State. Against his wishes, neither a bill can be passed nor a tax can be levied. He is like the sun around which the ministers revolve like planets. However, the position of the Chief Minister is intimately connected with his party. If the Party enjoys a thin majority in the House or if it lacks solidarity, the position of the Chief Minister may be vulnerable. Before the 1967 general elections, the Congress Party was the master of the country. But after that the split in the party destroyed the unity of the party and ended the monopoly of power.
In most of the states coalition Governments came into power. Various political parties joined hands and formed their Governments. But a coalition Government falls under its own weight. Parties forming the Government quarrel on flimsy matters and part company, throwing the administration to dogs. Surely “when the Chief Minister heads a single party Government, his pre-eminence is unquestioned, but in a coalition or a multiparty Government his pre-eminence is derived solely from agreement among the partners.”
While depending upon the support of other parties, the Chief Minister becomes virtually a ‘prisoner’ in the hands of those parties. “It is clear that he cannot break up the coalition by seeking to dismiss the minister representing the partnership and yet claim to remain in office himself. Under such circumstances, the Chief Minister depends upon the vagaries of the legislature.
The malady of large scale defections has further affected the position of the Chief Minister. After the 1967 general elections, as many as 108 defectors were appointed ministers. What a prize A legislator of Haryana State defected four times in one single day ! There was all scramble for power ; policy and ideology were thrown to the winds. For a while, the very future of parliamentary Government in India was in danger.
Until the Congress was defeated in the sixth general election (1977) the position of a Congress Chief Minister depended largely on the kind of relations he had with the High Command and the degree of support he received from the High Command. During the Janata regime the position of the Chief Minister was not better in so far as his dependence on the Central Party leadership was concerned. After the seventh general electon (1980) and the election of Nine State Assemblies Chief Ministers were wholly dependent on late Prime Minister Mrs. Indira Gandhi, who was also president of the party [Congress (I)]. The frequent trips Congress (I) Chief Ministers made to New Delhi highlight their dependence on the Central leadership. In the present posture of politics, no Chief Minister can hope to be the Nehru of his State.
Short Answer Type Question
Question 1.
How is the Governor of a State appointed?
Answer:
Governor is the head of the state. The President appoints him for five years. One common Governor may also be appointed for two or more than two states. Provision for an elected Governor had been made in the draft of the Constitution but this idea was dropped because an elected Governor would claim some powers as the representative of the people and that would have created a dead-lock.
Therefore, provision for a nominated governor was made in the Constitution. Though the formal appointment of the Governor is made by the President, yet actually he is nominee of the Central Cabinet. In fact this is a political post and the Prime Minister and the other members of the Cabinet would like to have men of their confidence on such key posts. Normally retired or defeated politicians are appointed to these posts.
Question 2.
Describe the qualifications to become a Governor of a state.
Answer:
The following qualifications have been given in the Constitution for a Governor:
- He should be a citizen of India.
- He should not be less than 35 years of age.
- He must not hold any office of profit.
- He cannot remain a member of Parliament or a State legislature. If such a member is appointed a Governor, his seat in the legislature concerned will fall vacant as and when he takes over the charge as a Governor.
- He must possess the qualifications prescribed for membership of the State legislature.
Question 3.
Explain the tenure of the Governor.
Answer:
The Governor is appointed for a period of five years. The President has the right to extend the term also. However, the Governor holds the office during the pleasure of the President which means that the Governor can be removed by the President at any time. At the time of removal no reasons have to be given by the President. The Governor may himself resign before the expiry of his term. In March, 1998, Mr. Romesh Bhandari, Governor of U.P. resigned.
Question 4.
Describe the salary and allowances of the Governor.
Answer:
The pay of the Governor is Rs. 3,50,000 per month. In addition to that he gets allowances. He is given a rent-free residence, usually named Raj Bhawan. The salary and allowances of the Governor are charged to the consolidated fund of the state are not subject to the vote of the state legislature. The Parliament may by law change the allowances or pay but the same cannot be decreased during his tenure. If any other individual acts as a Governor in his absence, he also will be entitled to the pay, allowances and other privileges of the Governor. If the same person is appointed as the Governor of more than one state, the emoluments payable to him will be fixed by the President.
Question 5.
Describe the immunities of the Governor.
Answer:
According to Art. 361, the Governor is not answerable to any court for the exercise and performance of the powers and duties of his office or for any act done by him in the exercise of his official duties. No criminal proceedings can be instituted or continued against the Governor of a State in any Court, during his term of office. Nor any process for the arrest or imprisonment of the Governor shall be issued from any Court during his term of office.
Civil proceedings against the Governor can be instituted in any Court in respect of any act done in his personal capacity during his term of office. But a two months’ notice in writing has to be delivered to him stating the nature of the proceedings, the cause of action, the name of the party intending to sue him, and the relief demanded.
Question 6.
Write down the Legislative Powers of the Governor.
Answer:
The Governor exercises following legislative powers:
- He convenes the sessions of the state legislature. He is to convene the next session within a period of six months.
- The Governor can dissolve the legislative assembly and can order fresh elections.
- The first session after the general election and the first session of the new year starts with the inaugural address of the Governor. .
- He nominates 1/6 members of the Legislative Council.
Question 7.
Write a short note on the executive powers of the Governor.
Answer:
The Governor is the head of the State. All the executive powers of the State are vested in him. All the laws are executed in his name and he is responsible for the ‘ maintenance of peace and order in the State. All the important officials for the State are appointed by the Governor and all the employees of the State work under him. He appoints the Chief Minister and all other ministers are appointed by him on the advice of the Chief Minister. He has the power to dismiss the Council of Ministers.
Question 8.
Explain the situation in which the Governor can use discretionary powers.
Answer:
The Governor has some powers which he can use on his own. These are called discretionary powers-
- He is to see that the state government carries out the policies and orders of the central government.
- He can appoint any member as Chief Minister if no political party has clear cut majority in the assembly or if the party has no acknowledged leader.
- He can refuse to sign an ordinary bill passed by the state legislature.
- He can dismiss a ministry if he is convinced that it has lost majority support.
Question 9.
Describe the position of the Governor of a State.
Answer:
The position of the Governor in the State is the same as that of the President at the Centre. He occupies a high office but wields little power. All his powers are used by the Council of Ministers. In normal time he is only a nominal head. He has to act on the advice of the Council of Ministers.
During the emergency he exercises real powers. On his report the President dismisses the council of ministers and dissolves or suspends the legislature. The State comes under the President’s rule and the Governor acts as the real executive.
Question 10.
Under what conditions can the President rule be imposed in a State? What is the position of the Governor in such a situation?
Answer:
It sometimes becomes impossible to carry on the administration of the State according to the Constitution. It may happen that no party has a clear majority in the legislative assembly and the government may not be formed; or there is a complete break down of law and order.
In such a situation the Governor sends a report to the President. If the President dismisses the Ministry of the State on the basis of the report and suspends or dissolves the Assembly, the Governor acts as the agent of the President. He exercises all executive powers on behalf of the President. He is then responsible for the administration of the State.
Question 11.
Describe in brief the composition of the Council of Ministers at state level. .
Answer:
According to Art 163 (1) of Indian Constitution, there shall be a Council of Ministers with the Chief Minister as the head to aid and advice the Governor in exercise of his functions. The Governor appoints the Chief Minister at first. He then appoints other ministers on the advice of the Chief Minister. The Governor can’t appoint any person as a member of Council of Ministers contrary to Chief Minister’s wishes. It is the Chief Minister who decides the size of the Council of Ministers.
Question 12.
How is the Chief Minister of a State appointed?
Answer:
The Governor appoints the Chief Minister. But he cannot appoint a man of his choice as Chief Minister. He invites the leader of the majority party or group in the assembly to form the government and appoints him as the Chief Minister. The Chief Minister should be a member of the legislature. If he is not a member of the legislature at the time of his appointment he has to become one within six months.
Question 13.
How is the Chief Minister appointed when there is no single majority party?
Answer:
The Chief Minister is appointed by the Governor. If no party commands absolute majority in the Legislative Assembly, the Governor can use some discretion in appointing the Chief Minister. But he is to see that the Chief Minister can get the support of the majority in the Legislative Assembly. For example in May 1982 no party secured absolute majority in Haryana Legislative Assembly, the Governor G.D. Tapase appointed Congress (I) leader Mr. Bhajan Lai as Chief Minister.
Question 14.
Write any four functions of Chief Minister of a state.
Answer:
The powers and the functions of the Chief Minister may be discussed as under:
1. Formation of Ministry:
The Chief Minister forms the Council of Ministers. He distributes portfolios among the ministers. He can make any change in the Council of Ministers.
2. Link Between the Council of Ministers and the Governor:
The Chief Minister informs the Governor regarding all the decisions taken by the Cabinet. The Council of Ministers takes the advice of the Governor through the Chief Minister.
3. Leader of the Legislature:
The Chief Minister is also the leader of the legislature. No law can be framed without the will of the Chief Minister. During emergency also the legislature performs its functions according to the instructions pf the Chief Minister.
4. Dissolution of the Assembly:
The Chief Minister can recommend to the Governor the dissolution of the Legislative Assembly even before the expiry of its term.
Question 15.
Describe the powers and functions of State Council of Ministers.
Answer:
The Council of Ministers enjoys the following powers:
1. Executive Powers:
The Council of Ministers lays down the*policy of government and in the light of that the departmental work is carried out. All the big and important appointments are made on the advice of the Council of Ministers.
2. Legislative Powers:
The meetings of the legislative are summoned and adjourned on the advice of the Council of Ministers. Most of the bills in the legislative are introduced by the Council of Ministers and bills are rejected and passed according to the will of the Council of Ministers. The Council of Ministers can advise the governor to dissolve the Legislative Assembly.
3. Financial Powers:
The budget of the state is prepared by the Council of Ministers. The money-bill can be introduced by the minister.
4. Judicial Powers: The Governor exercise his Judicial Powers on the advice of the Council of Ministers.
Question 16.
Write down the name of Governor and Chief Minister of Punjab.
Answer:
Sh. V. P. Singh Badnore is the Governor of Punjab and Captain Amrinder Singh is the Chief Minister of Punjab.
Very Short Answer Type Questions
Question 1.
How is the Governor of a State appointed?
Answer:
Governor is the head of the state. The President appoints him for five years. One common Governor may also be appointed for two or more than two states.
Question 2.
Explain any two qualifications to become a Governor of a state.
Answer:
The following qualifications have been given in the Constitution for a Governor:
- He should be a citizen of India.
- He should not be less than 35 years of age.
Question 3.
Describe the Salary and allowances of the Governor.
Answer:
The pay of the Governor is Rs. 3,50,000 per month. In addition to that he gets allowances. He is given a rent-free residence, usually named Raj Bhawan. The salary and allowances of the Governor are charged to the consolidated fund of the state are not subject to the vote of the state legislature.
Question 4.
What are the Legislative Powers of the Governor?
Answer:
The Governor exercises following legislative powers:
- He convenes the sessions of the state legislature. He is to convene the next session within a period of six months.
- The Governor can dissolve the legislative assembly and can order fresh elections.
Question 5.
Write a short note on the executive powers of the Governor.
Answer:
The Governor is the head of the State. All the executive powers of the State are vested in him. All the laws are executed in his name and he is responsible for the maintenance of peace and order in the State. All the important officials for the State are appointed by the Governor and all the employees of the State work under him.
Question 6.
Explain the situation in which the Governor can use discretionary powers.
Answer:
The Governor has some powers which he can use on his own. These are called discretionary powers-
- He is to see that the state government carries out the policies and orders of the central government.
- He can appoint any member as Chief Minister if no political party has clear cut majority in the assembly or if the party has no acknowledged leader.
Question 7.
Discuss the Financial powers of the Governor.
Answer:
- All Money Bills can be introduced in the state legislature only on the recommendation of the Governor.
- It is the duty of the Governor to present the budget for the year before the legislature before the start of the financial year.
Question 8.
Describe in brief the composition of the Council of Ministers at state level.
Answer:
According to Art 163 (1) of Indian Constitution, there shall be a Council of Ministers with the Chief Minister as the head to aid and advice the Governor in exercise of his functions. The Governor appoints the Chief Minister at first. He then appoints other ministers on the advice of the Chief Minister.
Question 9.
How is the Chief Minister of a State appointed?
Answer:
The Governor appoints the Chief Minister. But he cannot appoint a man of his choice as Chief Minister. He invites the leader of the majority party or group in the assembly to form the government and appoints him as the Chief Minister.
Question 10.
How is the Chief Minister appointed when there is no single majority party?
Answer:
The Chief Minister is appointed by the Governor. If no party commands absolute majority in the Legislative Assembly, the Governor can use some discretion in appointing the Chief Minister. But he is to see that the Chief Minister can get the support of the majority in the Legislative Assembly.
Question 11.
Explain any two functions of Chief Minister of a state.
Answer:
The powers and the functions of the Chief Minister may be discussed as under:
- Formation of Ministry: The Chief Minister forms the Council of Ministers. He distributes portfolios among the ministers. He can make any change in the Council of Ministers.
- Link Between the Council of Ministers and the Governor: The Chief Minister informs the Governor regarding all the decisions taken by the Cabinet.
Question 12.
Describe the powers and functions of State Council of Ministers.
Answer:
The Council of Ministers enjoys the following powers:
1. Executive Powers:
The Council of Ministers lays down the policy of government and in the light of that the departmental work is carried out. All the big and important appointments are made on the advice of the Council of Ministers.
2. Legislative Powers:
The meetings of the legislative are summoned and adjourned on the advice of the Council of Ministers. Most of the bills in the legislative are introduced by the Council of Ministers and bills are rejected and passed according to the will of the Council of Ministers.
One Word to One Sentence Answer Type Questions
Question 1.
Who is the Executive head of a State?
Answer:
Governor.
Question 2.
Who appoints the Governor?
Answer:
President.
Question 3.
Mention the tenure of the Governor.
Answer:
5 years.
Question 4.
Mention one qualification of Governor.
Answer:
He should not be less then 35 years.
Question 5.
Mention one function of the Chief Minister.
Answer:
The Chief Minister form the Cabinet.
Fill in the blanks
1. The leader of the majority party in the Legislative Assembly is appointed …………………… by the Governor.
Answer:
Chief Minister
2. The …………………… enforces the laws passed by the legislature.
Answer:
Council of Ministers
3. The head of the Council of Ministers is the …………………… .
Answer:
Chief Minister.
True or False
1. The Chief Minister is appointed by the Prime Minister.
Answer:
False
2. Governor can use some discretion in appointing the Chief Minister.
Answer:
True
3. The tenure of the Chief Minister is not fixed.
Answer:
True
4. Like Prime Minister, the Chief Minister of a state is not a ‘Key stone of the Cabinet arch”
Answer:
False
Choose The Correct Answer
Question 1.
The tenure of the Governor is:
(A 6 years
(B) 5 years
(C) 7 years
(D) 4 years.
Answer:
(B) 5 years
Question 2.
By whom is the Governor appointed?
(A) President
(B) Cabinet
(C) Prime Minister
(D) Vice-President.
Answer:
(A) President
Question 3.
The salary of the Governor is:
(A) Rs. 5,000
(B) Rs. 5,500
(C) Rs. 10,000
(D) Rs. 3,50,000.
Answer:
(D) Rs. 3,50,000.
Question 4.
Minimum age for the Governor should be:
(A) 30 years
(B) 35 years
(C) 25 years
(D) 21 years.
Answer:
(B) 35 years
Question 5.
The Governor is responsible to the:
(A) Prime Minister
(B) State Legislature
(C) Parliament
(D) President.
Answer:
(D) President.
Question 6.
Who can remove the Governor?
(A) President
(B) People
(C) Parliament
(D) State Legislature.
Answer:
(A) President
Question 7.
Who presides over the meetings of the Council of Ministers?
(A) Speaker
(B) Chief Minister
(C) Governor
(D) Home Minister.
Answer:
(B) Chief Minister