Executive Power of the State (Article 154)

At a Glance

• What it is The executive power of the state vested in the Governor
• Article Articles 154, 162, 163, 164
• Exercise Directly or through subordinate officers, on ministers’ aid and advice
• Responsible to The legislative assembly
• Exam link UPSC Prelims, Polity: Governor

Where Does It Fit?

This is the fourth topic of the category on the Governor. Article 154 vests the executive power of the state in the Governor, who exercises it either directly or through officers subordinate to the Governor, in accordance with the Constitution.

Constitutional Position

The Governor has been made a nominal executive; the real executive is the council of ministers headed by the Chief Minister. The Governor exercises powers and functions with the aid and advice of the council, except in matters in which the Governor is required to act in discretion. Article 154: executive power vested in the Governor. Article 163: a council of ministers with the Chief Minister as head to aid and advise the Governor, except where discretion is required. Article 164: the council of ministers is collectively responsible to the legislative assembly, which is the foundation of the parliamentary system in the state. The constitutional position differs from the President’s in two respects: the Constitution envisages the Governor acting in discretion, which it does not for the President; and after the 42nd Amendment (1976), ministerial advice is binding on the President but no such provision exists for the Governor.

Executive Powers of the Governor

1. All executive actions of the state government are formally taken in the Governor’s name.
2. The Governor can make rules on authentication of orders and instruments.
3. The Governor can make rules for the more convenient transaction of business of the state government and allocation among ministers.
4. The Governor appoints the Chief Minister and other ministers, who hold office during the Governor’s pleasure. A Tribal Welfare minister is required in Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha; Bihar was excluded from this provision by the 94th Amendment Act of 2006.
5. The Governor appoints the Advocate General and determines the remuneration; the Advocate General holds office during pleasure.
6. The Governor appoints the State Election Commissioner and determines the conditions of service and tenure; he can be removed only like a High Court judge.
7. The Governor appoints the chairman and members of the State Public Service Commission, who can be removed only by the President.
8. The Governor can seek information from the Chief Minister on administration and legislative proposals.
9. The Governor can require the Chief Minister to submit for the council any matter on which a minister has decided but the council has not considered.
10. The Governor can recommend the imposition of constitutional emergency (President’s Rule) in the state to the President and has extensive executive powers as the President’s agent during President’s Rule.
11. The Governor acts as the chancellor of universities and appoints the vice-chancellors.

Financial and Judicial Functions

The Governor sees that the annual financial statement (state budget) is laid before the legislature; money bills can be introduced only with the Governor’s prior recommendation; no demand for a grant can be made except on the Governor’s recommendation; the Governor can make advances out of the state’s Contingency Fund to meet unforeseen expenditure; and the Governor constitutes a finance commission every five years to review the financial position of panchayats and municipalities. The Governor is consulted by the President when appointing the judges of the concerned High Court, appoints district judges in consultation with the High Court, and appoints persons to the judicial service in consultation with the High Court and the State Public Service Commission.

Governor and President Compared

The Governor possesses executive, legislative, financial and judicial powers more or less analogous to the President but has no diplomatic, military or emergency powers.

Why Is This Topic Important?

• Core concept Foundation for the Governor category
• Appointments list Which posts the Governor fills
• Comparison with the President Standard question

What Came Next?

The next topic covers the discretionary powers of the Governor.

Key People and Terms

• Article 154 Executive power of the state
• Article 163 Aid and advice of ministers
• Article 164 Responsibility to the assembly
• Chancellor Head of state universities
• Tribal Welfare minister Required in four states

Exam Corner

Mains Angle

Questions on this topic usually ask about the Governor’s real role. Use these points to add depth.

• Nominal head Council runs the state
• Discretion The key difference with the President
• Appointments Large executive role
• Dual role Agent of the Centre