Chapters :
  • LIBERAL INTELLECTUAL PRINCIPLES – 16

  • Financial Powers

  • Judicial Powers

  • The Ordinance

  • The Chief Minister and Council of Ministers
  • The Chief Minister

  • Collective Responsibility

LIBERAL INTELLECTUAL PRINCIPLES – 16

         
S.No Ordinary Bills Money Bills
1 The governor can give his assent to the bill or withhold it or return it for the reconsideration of the state legislature or reserve it for the consideration of the President. The governor can give his assent to the bill or withhold it or reserve it for the consideration of the President. He cannot return the money bills for the reconsideration of the state legislature.
2 When an ordinary bill is reserved for the consideration of the President, he can give assent to the bill or withhold it or return for the reconsideration of the state legislature. If the bill is again passed by the state legislature with or without amendments and presented to the President, he need not give his assent to the bill. He can withhold it. When a money bill is reserved for the consideration of the President, he can either give his assent to the bill or withhold it. He cannot return it for the reconsideration of the state legislature.
Financial Powers:
  1. The governor constitutes the State Finance Commission every five years.
  2. His prior recommendation is required for introducing money bills in the State Legislative Assembly.
Judicial Powers:
  1. The appointments, postings and promotions of district judges are made in the name of the governor.
  2. He can remit, commute, reprieve, respite and pardon any offence against the state laws.
  3. He cannot pardon death sentence.
  4. His pardoning powers do not extend to punishments accorded by court martials.
The Ordinance The Governor is endowed with the power of promulgating ordinances when any one of the houses of the state legislature is not in session to deal with an extraordinary situation that needs immediate action.
  1. An ordinance has the same effect as the laws of the state legislature.
  2. It is valid for a maximum duration of six months and six weeks. In the case when the houses are summoned to assemble on different dates, the six weeks are calculated from the later date.
  3. The Governor can promulgate or withdraw an ordinance only on the advice of the Council of Ministers. Thus, his ordinance making power is not a discretionary power.
  • The Chief Minister and Council of Ministers
In the Parliamentary form of government, the Chief Minister and the Council of Ministers (CoM) possess the real executive powers and form the nucleus of administration of the State. The Chief Minister The Chief Minister is the head of the government. He is accorded with the status of ‘The First Among the Equals’ in relation with other ministers in the council. Though the CoM is a multi member body, it functions as a single unit under the guidance and directions of the Chief Minister. Appointment: The constitution does not prescribe the procedure for the selection and appointment of the Chief Minister. However, by convention, the Governor appoints the leader of the majority party or coalition in the State Legislative Assembly as the Chief Minister. When no party has the majority, the Governor can exercise his discretionary power in the appointment of Chief Minister. However, he usually asks the leader of the largest party or coalition to form the government and prove their majority within a month by securing the vote of confidence of the State Legislative Assembly.
Note: The Governor administers the oath of office and secrecy to the Chief Minister. The Chief Minister holds office during the pleasure of the governor. When the Chief Minister and his CoM lose majority support in the legislative assembly, he has to resign or the governor can dismiss him from his office.
Powers and Functions of Chief Minister The Chief Minister, being the real executive authority, holds a wide range of powers and discharges diverse functions. His powers and functions include the following.
  1. He recommends to the governor, the persons who can be appointed as ministers.
  2. He allocates and shuffles portfolios between the ministers.
  3. In case of differences of opinion with a minister, he can ask him to resign or advice the governor to dismiss him from his office.
  4. He instils the principle of collective responsibility upon the council of ministers by controlling their actions and ensuring the concurrence of decisions.
  5. He advises the governor with respect to the appointment of the Advocate General of the state, Chairman and members of SPSC, State Election Commissioners, Chairman and members of State Finance Commission and so on.
  6. He can recommend the governor to dissolve the State Legislative Assembly and conduct new election.
  7. He advises the governor on summoning and proroguing of the sessions of state legislature.
  8. During emergency situations, the Chief Minister acts as the chief crisis manager of the state.
  9. He is a member of the inter-state council.
  10. He is appointed as the vice chairman of zonal council on rotation for a term of one year.
Duties of Chief Minister: It is the duty of the Chief Minister
  1. To report to the governor, all the decisions taken by the CoM with respect to the administration of the state and proposals for legislation.
  2. To provide information about the administration of the state and proposals for legislation to the governor on his demand.
  3. On the demand of the governor, to submit for the consideration of the CoM, the decisions that have been taken by a minister without the consideration of the council.
The Council of Ministers The provisions in Article 163 under Part VI provide for the institution of the Council of Ministers (CoM) headed by the Chief Minister. Appointment: The Governor appoints the CoM on the recommendations of the Chief Minister. The members of either house of the State Legislature can be appointed as ministers. Even a person who is not a member of either house can be appointed as a minister provided that he becomes a member of either house within six months either by election or nomination. The governor administers the oath of office and secrecy to the ministers. Primary duty of CoM: As the governor is the executive head of the state, all the executive actions of the state are taken under his name. The CoM is instituted to aid and advice the governor in discharging his executive functions. The governor is bound to act in accordance with the advice provided by the CoM. However, he can ask the council to reconsider it’s advice once and if the same advice is provided after reconsideration, he is bound to act accordingly.
  • Collective Responsibility
Though the CoM is a multi member body, all the ministers function as a single unit under the directions of the Chief Minister. The ministers are collectively responsible for the actions of the government to the State Legislative Assembly. The principle of Collective Responsibility basically means three things:
  1. Collective Decision Making: The decisions taken by the Cabinet must be accepted and defended by all the ministers in the council. They must defend the government policies both inside and outside the state legislature.
  2. Removal or Resignation from the Council / Individual Responsibility: If a minister does not agree with the decisions of the cabinet, the Chief Minister may ask him to resign from the council or may advice the governor to dismiss him from the office.
  3. Collapse of the Government: When a motion of no-confidence is passed against the government or even against a single minister, the entire council, including the ones from the State Legislative Council must resign from office. This leads to the collapse of the government.
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