UNIT 2

UNION GOVERNMENT AND STATE GOVERNMENT

CHAPTER 3: UNION GOVERNMENT

Introduction
India is a democratic republic with a parliamentary form of government. The government at
the central level is called Union government and at the state level it is known as state
government.
Articles 52 to 78 is part V of the constitution deal with the Union executive.
 Bicameral legislature – Lokasabha and rajyasabha.
 Administration classified under three lists: article 248.
A. Union List: 97 subjects: This includes subjects of national importance because we need a
uniform policy on those matters through the country example:
Defence, armed forces, atomic energy, foreign affairs, war and peace, citizenship, extradition,
railways, shipping and navigation, airways, currency, banking, supreme court, High court,
Income tax, UPSC , foreign affairs etc.
B. State List: 66 subjects: police, transport, land policies, electricity, village administration,
health care, Law and order, education etc.
C. Concurrent List: 47 subjects: Marriage & divorce, contempt of court, adulteration of
foodstuffs, trade unions, labour welfare, newspapers, books and printing press. Etc.
PRESIDENT
 The Indian President is the head of the state of Republic of India.
 He is the first citizen of India and he is a symbol of solidarity, unity, and integrity of the
nation.
 The president is the nominal head of the executive, the first citizen of the country, as
well as the commander-in-chief of the Indian Armed Forces.
 He is a part of Union Executive along with the Vice- President, Prime Minister, Council
of Ministers, and Attorney-General of India.
 Droupadi Murmu is the 15th and current president, having taken office from 25 July
2022.
 Rajendraprasad was the first president of India.
 Shri Ram Nath Kovind was the former President of India.
 Prathibha Patil was the first woman President of India.

Qualifications President:
 He should be an Indian Citizen.
 His age should be a minimum of 35 years.
 He should qualify the conditions to be elected as a member of the Lok Sabha.
 He should not hold any office of profit under the central government, state government,
or am public authority.
 He shall not be a member of either House of People or house of Legislature of any state.

Oath of President:
 The oath of the President is administered by the Chief Justice of India and in his
absence, the senior most Judge of the Supreme Court.

President elected:
There is no direct election for the Indian President. An electoral college elects him. The
Electoral College responsible for President's elections comprises elected members of:
 Lok Sabha and Rajya Sabha.
 Legislative Assemblies of the states (Legislative Councils have no role).
 Legislative Assemblies of the Union Territories of Delhi and Puducherry.

Who does not take part in the President's elections?

 Nominated Members of Rajya Sabha.
 Nominated Members of State Legislative Assemblies.
 Members of Legislative Councils (Both elected and nominated) in bicameral
legislatures.
 Nominated Members of union territories of Delhi and Puducherry
Term of President's office:
 Once President is elected, he holds office for five years.
 He sits in the office even after the completion of five years given no new election has
taken place or no new President has been elected till then.
 He can also be re-elected and there is no cap on his re-election.

Conditions of President's office:

 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 President in the office
 He should not hold any office of profit
 For his residence, Rashtrapati Bhavan is provided to him without the payment of rent
Parliament decides his emoluments, allowances and privileges
 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 President cannot take place. Only civil proceedings can
be initiated for his personal acts that too after giving two months' of prior notice.

President's office be vacant:

 When the President of India completes his term of five years in the office
 If the President resigns by putting forward his resignation to the Vice-President of India
If Lok Sabha/Rajya Sabha initiates an impeachment charge and they stand valid he is
removed
 If he dies in the office
 If the Supreme Court declares his election invalid

Powers and functions of President of India:

1. Executive Powers of President

 For every executive action that the Indian government takes, is to be taken in his name.
 He may/may not make rules to simplify the transaction of business of the central
government
 He appoints the attorney general of India and determines his remuneration
 He appoints the following people:
 Comptroller and Auditor General of India (CAG)
 Chief Election Commissioner and other Election
Commissioners
 Chairman and members of the Union Public Service
Commission
  State Governors
 Finance Commission of India chairman and members
 He seeks administrative information from the Union government
 He requires PM 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 National, Scheduled Castes, Scheduled Tribes and Other Backward classes
 He appoints inter-state council
 He appoints administrators of union territories
 He can declare any area as a scheduled area and has with respect to the administration
of scheduled areas and tribal areas

2. Legislative Powers of President

 He summons or prorogues Parliament and dissolve the Lok Sabha
 He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
 He addresses the Indian Parliament at the commencement of the first session after every
general election
 He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of
Rajya Sabha when the seats fall vacant
 He nominates 12 members of the Rajya Sabha
 He can nominate two members to the Lok Sabha from the Anglo-Indian Community
 He consults the Election Commission of India on questions of disqualifications of MPs
He recommends/ permits the introduction of certain types of bills
 He promulgates ordinances
 He lays the following reports before the Parliament
 Comptroller and Auditor General
 Union Public Service Commission
 Finance Commission, etc.
3. Financial Powers of President
 To introduce the money bill, his prior recommendation is a must
 He causes Union Budget to be laid before the Parliament
 To make a demand for grants, his recommendation is a pre-requisite Contingency Fund
of India is under his control
 He constitutes the Finance Commission every five years Judicial Powers of President
 Appointment of Chief Justice and Supreme Court/High Court Judges are on him
 He has pardoning power: Under article 72 he has been conferred with power to grant
pardon against punishment for an offence against union law, punishment by a martial
court, or death sentence
4. Diplomatic Power of President
 International Treaties and agreements that are approved by the Parliament are
negotiated and concluded in his name
 He is the representative of India in international forums and affairs

5. Military Powers of President

He is the commander of the defence forces of India. He appoints:
 Chief of the Army
 Chief of the Navy
 Chief of the Air Force

6. Emergency Powers of President

 He deals with three types of emergencies given in the Indian Constitution:
 National Emergency (Article 352)
 President's Rule (Article 356 & 365)
 Financial Emergency (Article 360)

PRIME MINISTER
 Indian Constitution states about the Prime Minister in Article 75.
 In the parliamentary system of government provided by the constitution, the President is
the nominal executive authority and Prime Minister is the real executive authority.
 In other words, the President is the head of the State while the Prime Minister is the
head of the government.
 The Constitution does not contain any specific procedure for the selection and
appointment of the Prime Minister.
 Article 75 says only that the Prime Minister shall be appointed by the President.
 The Prime Minister presides over the Cabinet.
 The salary and allowances of the Prime Minister are determined by the Parliament from
time to time.
 According to the Constitution, the Prime Minister may serve in either of the two Houses
of Parliament.
 Narendra Modiis is the present Prime Minister of India.
 Jawaharlal Nehru was the first Prime Minister of India.
 Dr. Manmohan Singh was the former Prime Minister of India.
 Indira Gandhi was the first woman Prime Minister of India.
Appointment of Prime Minister:
 The president appoints the leader of the majority party in the Lok Sabha as the Prime
Minister according to parliamentary conventions.
 There is no particular procedure for the selection and appointment of the Prime
Minister.
 Under Article 75, the Prime Minister should be appointed by the president.
Qualifications of Prime Minister:
 Must be citizen of India
 He must be a member of either the Rajya Sabha or the Lok Sabha at the time of taking
the oath, or be a member of either body within six months.
 Leader of the majority party or one who enjoys the majority support in the Lok Sabha
 He must be 30 years old if he is a member of the Rajya Sabha, but he could be 25 if he
is a member of the Lok Sabha.
Election Process of Prime Minister:
 The Prime Minister is elected by the Members of Parliament.
 Out of 545 seats in Lok Sabha, any party who wins a majority of seats choose their
leader to be the head of the Government.
 Article 75 of the Constitution provides that the Prime Minister shall be appointed by the
President but the President has to appoint the leader of the majority party in Lok Sabha
as the Prime Minister.
 When no party has a clear majority in the Lok Sabha the President can exercise his
personal discretion in the appointment of Prime Minister.
Oaths of Prime Minister:
 The Prime minister is required to make and subscribe in the presence of the President of
India before entering office, the oath of office, as per the Third Schedule of the
Constitution of India.
Tenure of Prime Minister:
 The tenure of the Prime Minister is 5 years.
 There is no fixed term for Prime Minister.
 He holds office till the pleasure of the president till he enjoys the majority support in the
Lok Sabha.
 The President cannot dismiss the PM.
 The Prime Minister can be dismissed by the President if he loses confidence of the Lok
Sabha.
Salary and Facilities:
 Gets a salary of ₹1.6 lakhs per month.
 The cars given to PM Modi are said to be the most luxurious, safest on the planet. He
used to drive around in a Mahindra Scorpio, before moving to BMW 7 Series 760 Li
High-Security Edition, Range Rover HSE and Tata Safari.
 He travels on Boeing 777 plane, which is only used by other dignitaries like the
President and the Vice President of India.
 Once he retires, he will get free accommodation, electricity, water for life, and a
secretarial team of 14 after retirement for 5 years.
Functions and Powers of the Prime Minister:
 He proposes the names of the members of his political party to President for
appointment as Ministers.
 He decides the distribution of charge to various ministers and can reshuffle their cabinet
also.
 He presides over the meetings of Cabinet and can change the decisions taken therein.
 He can suggest the President of India about the resignation or removal of any Minister
from his Cabinet.
 He also controls and directs the functioning of Ministers in the Cabinet.
 He can resign anytime and can suggest the President of India to dissolve the Cabinet.
He can suggest the President to dissolve Lok Sabha and to organize fresh elections.
a. Rights and powers with regard to Appointments
Prime Minister can suggest the President about appointment of the following:
 Comptroller and Auditor General of India
 Attorney General of India
 Advocate General of India
 Chairman and members of UPSC
 Selection of Election Commissioners
 Members and chairman of Finance Commission

b. Rights/Powers with regard to Parliament of India

Prime Minister is the leader of the lower house and can exercise following powers:
 He decides the foreign policy of the country.
 He is the speaker of the Central Government.
 He is the leader of the ruling party in the Parliament.
 He is the chairman of NITI Aayog National Development Council, National Integration
Council, Inter-state Council, National Water Resources Council.
 He is the head of disaster management team during emergency at political level.
 He is the political head of all the forces.
Duties of the Prime Minister:
1. Forms the Government: The Constitution specifically provides that the President shall
appoint the ministers on the advice of the Prime Minister. Prior to the passage of 42nd
Amendment Act 1976, his advice used to be accepted by the President, inconsonance with
conventions of a parliamentary democracy.
2. Allocation of Portfolios: The Prime Minister allocates portfolios to the individual Minister
according to his choice. He is empowered to review the allocation of offices among his
colleagues, from time to time. Though the Prime Minister possesses discretionary authority to
assign portfolios yet important party whips must get portfolios of substantial importance,
otherwise they would not accept the offices of insignificant nature.
3. Shuffling of his Pack: The Prime Minister can shuffle his pack as he pleases. As a captain
of the team and head of the administration, he can drop out any of his colleagues if in his
opinion the presence of such a colleague is detrimental to policy of the Government. If
difference of opinion between him and any minister arises, it is the latter who quits. He can
demand his resignation.
4. Chairman of the Cabinet: As a Chairman of the Cabinet, the P.M. presides over the
meetings of the Cabinet and determines what business is to be transacted in these meetings.
He controls the agenda of the Cabinet meetings. He may accept or reject proposals for Cabinet
discussions.
5. Coordinator: The Prime Minister is the chief coordinator of government business. He is to
coordinate the activities of several heads of departments and various ministers. Co-ordination
is done through various committees of the Cabinet and not the Prime Minister alone. A
general supervision of the departments is still done by him. The departmental heads invariably
consult him in all major and minor matters.
6. Leader of the Lok Sabha: The Prime Minister of India is a leader of the Lok Sabha,
where the Prime Minister designates another colleague as the leader of the House in order to
lessen his onerous burden of responsibilities, though the ultimate responsibility still rests with
the Prime Minister. Our Prime Minister makes all important policy announcements.
7. Link between the President and the Cabinet: He is the chief link between the President
and the Cabinet. He communicates to the President all decisions of the Cabinet, relating to the
administration of the affairs of the Union and proposals for legislation. He is to furnish such
information to the President, as and when the latter asks for.
8. Makes Major Appointments: He exercises vast patronage in the matter of appointments.
In reality, all major appointments viz., Governors, ambassadors, members of Public Service
Commission etc. etc. are made by him, though in the name of the President of India. He may
consult his colleagues.
9. Spokesman of Government Policy: He is the chief spokesman of the Government on all
matters of domestic and foreign policy. His role in shaping general policy is decisive. He
represents India in various International and Commonwealth conferences. Jawaharlal was a
frequent visitor of foreign countries for various international agreements and treaties.
10. Leader of the Nation: The Prime Minister is not only the leader of the majority party or
head of the government, but he is also the leader of the nation. He is to shape the destiny of the
nation. It is said “when he speaks, the Nation has spoken”. The first three General Elections
have been in reality the elections of Prime Minister.
11. As Leader of the Party: The Prime Minister in India has emerged as the leader of the
Party, though ordinarily the President of the party supporting the Prime Minister could afford
to be more assertive yet in case of India.

UNION COUNCIL OF MINISTERS

 Council of Ministers with the Prime Minister as its head are provided by the Article 75
of the Indian Constitution which lays down the basic rules regarding the organisation of
the Union Council of Ministers.
 The Council of Ministers has a strong and central position as the real and powerful
executive in the Indian political system.
 All the powers of the President of India are really exercised by the Council of Ministers.
 President appoints council of minister on the advice of the Prime Minister.
 Appointed council of minister may be a Member of parliament or a person who is not a
member of parliament(But He/She has to get elected in parliament within six months of
appointment as minister)
Council of Ministers include-
1. Cabinet Ministers:
 Top level leaders of ruling party.
 The strength of cabinet ministers is 15 to 20. The current cabinet minister’s strength in
India is 31 including the Prime Minister.
 It is the core of the Council of Ministers.
 The term cabinet is mentioned in article 352, by the 44th constitutional Amendment Act
1978.
 The cabinet is the highest decision making body regarding policies.
 The Cabinet Ministers are usually senior members of the party
2. Ministers of state:
 They are of two types: Independent charge and attached office.
 Ministers of state attend Cabinet meetings only when they are invited.
  The attached ministers of state help the cabinet ministers to assist their working.
 A Minister of State with independent charge is a minister in the State or Union
Government of India who does not report to a Cabinet Minister
 The Ministers of State are ranked next to the Cabinet Ministers. Some of the Ministers
of State have independent charge of a department while other Ministers of State only
assist the Cabinet Ministers.
3. Deputy Ministers:
 These ministers are not independent and attached to cabinet ministers
 Deputy Ministers are also appointed to assist the Cabinet Ministers or the Ministers of
State. No Deputy Minister holds an independent charge of any department.
Eligibility for being a Union Minister:
 In order to be a Minister, a person has to be a member of either of the two Houses of
Parliament.
 However, even if a person is not a member of any of the two Houses, he can become a
Minister for a period of six months.
 Within six months the Minister has to get himself/herself elected to either House of
Parliament, failing which he/she ceases to be a Minister.
Union Council of Minister Disqualification:
 Additionally, a member of parliament who was expelled for defecting would not be
qualified to serve as a minister. But he will be qualified to become a minister if he wins
the next newly held Parliamentary election.

Union Council of Minister in Parliamentary Proceeding:

 Members of either House may be chosen as ministers.
 A Minister who is a member of one chamber has the right to speak in and participate in
the activities of the other House, but he or she does not have the right to vote in that
chamber.

Union Council of Minister Salary:

 According to the constitution, ministers receive salaries and benefits that may
occasionally be set by law by the Parliament.
 Each minister is entitled to the same pay and benefits as a Member of Parliament as a
result of a statute passed by Parliament in 1985.

Union Council of Minister Strength:

 The Constitution makes no indication of its size or classification.
 The Prime Minister sets its dimensions based on the demands of the moment and the
circumstances.
  However, in accordance with the 91st Constitutional Amendment Act of 2003, it cannot
exceed 15% of the Lok Sabha’s total membership.

Appointment of Council of Ministers:

 According to Article 75 of the Indian Constitution, council of ministers are selected by
the Prime minister.
 The President appoints them thereafter.
 While selecting the ministers, the PM keeps in mind that due representation to different
regions of the country, to various religious and caste groups.

Union Council of Minister Term of Office:

 The President appoints ministers, who serve at his pleasure.
 The Prime Minister may at any time request the resignation of any minister, and that
minister must comply.
 Any minister may be dismissed at the Prime Minister’s discretion, and the President is
obligated to heed his recommendations.
 The whole Council of Ministers leaves office along with the Prime Minister when he
resigns.

Council of ministers and the Cabinet:

The terms Council of Ministers and ‘The Cabinet’ are often confused with each other often. In
reality, they are not inter-changeably.
Powers and Functions of the Cabinet:
 The Cabinet has immense powers and multiple responsibilities.
 All the executive powers of the President are exercised by the Cabinet headed by the
Prime Minister.
 The Cabinet regulates and formulates the internal and external policies of the country.
 It takes all major decisions regarding defense and security of the country.
 The Cabinet is also responsible for the Ordinances by the President when the Parliament
is not in session.
 It also forms policies to provide better living conditions for the people.
 Cabinet also has control over the national finance.
 The Cabinet is responsible for whole of the expenditure of the government as well for
raising necessary revenues.
 The Cabinet prepares the text of President’s address to the Parliament.
 The sessions of the Parliament are convened by the President on the advice of the
Cabinet conveyed to him through the Prime Minister.
 The Cabinet also prepares the agenda of the sessions of the Parliament.
Responsibility of the Council of Ministers:
Constitutionally speaking, the Ministers stay in the office during the pleasure of the President
which means till they are in agreement with the Prime Minister. But, they are responsible to,
and removable by the Lok Sabha.

1. Collective Responsibility-
 Our Constitution clearly states that “The Council of Ministers shall be collectively
responsible to ‘House of the People”.
 The essence of collective responsibility is that, ‘the Minister must vote with the
government, speak in defense of it if the Prime Minister insists, and he/she cannot
afterwards reject criticism of his act, either in Parliament or in the constituencies, on the
ground that he/she did not agree with the decision.’

2. Individual Responsibility-
 Though the Ministers are collectively responsible to the Lok Sabha, they are also
individually responsible to the Lok Sabha.
 Individual responsibility is enforced when an action is taken by a Minister without the
concurrence of the Cabinet, or the Prime Minister, then it is criticized and not approved
by the Parliament.
 Similarly if personal conduct of a Minister is questionable, he may have to resign
without affecting the fate of the Government.
 If a Minister becomes a liability or embarrassment to the Prime Minister , he may be
asked to resign.

Role of Union Council of Ministers of India:

 Formulation, execution, evaluation and revision of public policy in which the party in
power seeks to progress and practice.
 Council of ministers is collectively responsible to the Lok Sabha. A minister who is not
a Member of Parliament for six months in a row loses his or her position.
 As a member of the government, a minister can participate in both houses' proceedings
but can only vote in the house in which he is a member.
 Executive control over administration through appointments, rulemaking powers and
handling of crises and disasters – natural as well as political.
 The Union Council of Ministers is the Government of India's highest executive body.
 Review the work of planning and Planning Commission.
 Basis
S.No. Cabinet Council of Council Ministers
comparison

1. Definition It is a body within the Council of It is a body appointed to assist

Ministers, which takes decisions on the Prime minister for taking
important matters like policy decisions on important matters.
making.

2. Status Constitutional body Constitutional body

3. Size 15-20 ministers comprise the 40-60 ministers comprise

cabinet. Council of Ministers

4. Schedule Meetings are held frequently as Meetings are held rarely or less
meeting once in a week to discuss major often.
policies.
5. Functions Performs several collective Advices the Prime Minister and
functions including policy making, implements the decisions
taking decisions regarding suggested by the Cabinet.
concerned departments etc.

6. Authority Takes decisions on behalf of the Have the authority to take

Council of Ministers. decisions but their
implementation is decided by
the Prime Minister.

7. Responsibilities Each minister in the cabinet is No such special designation is

assigned a Portfolio or a rank. given.
 CHAPTER 4: STATE GOVERNMENT
Introduction
 A state government is the government that controls a subdivision of a country in a
federal form of government, which shares political power with the federal or national
government.
 A state government may have some level of political autonomy, or be subject to the
direct control of the federal government.
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.
 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.
 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.
 Maharaja Jayachamarajendra Wadiyar was the 1st governor of Karnataka
 Smt V. S. Ramadevi was the 1st Woman Governor of Karnataka
 Thawar Chand Gehlot is the Present Governor of Karnataka
 Vajubhai Rudabhai Vala was the Former Governor of Karnataka
Appointment of Governor:
 It is the President of India who appoints the Governor for each state of the country by
warrant under his hand and seal.
 The responsibility for appointing a governor for each state lies within the Central
Government.
 No direct or indirect elections are held in the country for appointing the governor.
 The governor’s office is not a part of the union executive. Rather it is an independent
constitutional office. Therefore, the governor neither serves the union government nor is
the subordinate to it.
Term of the Governor’s office:
 The tenure of the Governor is 5 years.
 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.
 On President’s discretion, Chief Justice of the High Court of the concerned state can
also be appointed as the Governor on a temporary basis when and how the President
thinks fit
Qualification of Governor:
The candidate to become a Governor of the state needs to meet two vital qualifications as
mentioned in Article 157 and Article 158 and these are:
 The candidate must be an Indian citizen and reside in the country.
 The candidate must attain an age of minimum 35 years.
 The candidate must not be a member of both houses of the parliament and the house of
the state legislature.
 The candidate must not hold any office for generating profit
 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.
 Consultation of the Chief Minister is taken by the President before appointing a
governor
Conditions of 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.
Removal of Governor:
 The president of India can dismiss a state governor without providing a reason.
Powers of Governor:
1. Executive Powers of the Governor
 Every executive action that the state government takes, is to be taken in his name.
 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.
 He may/may not make rules to simplify the transaction of the business of the state
government.
 Chief Ministers and other ministers of the states are appointed by him.
 It is his responsibility to appoint Tribal Welfare Minister in the states of: Chattisgarh,
Jharkhand, Madhya Pradesh, Odisha.
 He appoints the advocate general of states and determines their remuneration
 He appoints the following people: State Election Commissioner, Chairman and
Members of the State Public Service Commission, Vice-Chancellors of the universities
in the state.
 He seeks information from the state government
 A constitutional emergency in the state is recommended to the President by him.
 The governor enjoys extensive executive powers as an agent of the President during
the President’s rule in the state.
2. Legislative Powers of the Governor
 It’s in his power to prorogue the state legislature and dissolve the state legislative
assemblies
 He addresses the state legislature at the first session of every year
 If any bill is pending in the state legislature, Governor may/may not send a bill to the
state legislature concerning the same
 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
 As President nominates 12 members in Rajya Sabha, Governor appoints ⅙ of the total
members of the legislative council from the fields of: Literature, Science, Art,
Cooperative Movement, Social Service
 As President nominates 2 members in the Lok Sabha, Governor nominates 1 member in
state legislative assembly from Anglo-Indian Community.
 He can consult Election Commission for the disqualification of members
 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.)
3. Financial Powers of the Governor
 He looks over the state budget being laid in the state legislature
 His recommendation is a prerequisite for the introduction of a money bill in the state
legislature
 He recommends for the demand for grants which otherwise cannot be given
 Contingency Fund of State is under him and he makes advances out that to meet
unforeseen expenditure.
 State Finance Commission is constituted every five years by him.
4. Judicial Powers of the Governor
 He has the following pardoning powers against punishment: Pardon, Reprieve
(postpone the punishment), Respite (lesser the punishment due to pregnancy of a
women offender or physically disabled), Remit (reduce the period), Commute (death
sentence)
 President consults the Governor while appointing judges of High Court.
 In consultation with the state High Court, Governor makes appointments, postings, and
promotions of the district judges.
 In consultation with the state high court and state public service commission, he also
appoints persons to the judicial services.

CHIEF MINISTER
 He is the head of the state government. While the governor is the nominal executive of
the state government, the person who becomes the chief minister is the real executive of
the government. The real executive is called ‘de facto’ executive that means, ‘in fact,
whether by right or not.’
 Chief Minister is appointed by the Governor of the state, and this is mandated by Article
164 of the Constitution. However, the Governor cannot randomly pick anyone that they
favor being the Chief Minister; there are certain rules and values they must adhere to
exercise their power.
 The CM of a state is the chief of the state.
 Kyasamballi Chengaluraya Reddy was the 1st Chief Minister of Karnataka
 Siddaramaiah is the present Chief Minister of Karnataka
 Basavaraj Bommai is the Former Chief Minister of Karnataka
 DK Shivakumar is the Duputy Chief Minister of Karnataka
Qualifications of Chief Minister:
 To be a citizen of India.
 Should be at least 25 years of age or more.
 Should be a member of the state legislature.
Appointment of Chief Minister:
 Chief Minister is appointed by the Governor of the state, and this is mandated by Article
164 of the Constitution.
 A leader of the party that has got the majority share of votes in the assembly elections,
is appointed as the Chief Minister of the state.
 When no party gets a majority in the elections, governor exercises his own discretion
and appoint a Chief Minister accordingly.
 In a case where no party has won the majority votes, Governor appoints the member of
the largest party or one from the coalition (if occurs) as the Chief Minister and then he
is given 1 month time to prove confidence in the house.
 If the incumbent dies in the office, Governor at his own discretion can appoint a Chief
Minister however, the ruling party nominates a member and Governor usually appoints
that person as the Chief Minister. This person then has to prove confidence within a
specified time.
 A person not belonging to either house (Legislative Assembly & Council) can also be
appointed as the Chief Minister, however, within six months of his tenure as a CM he
should be elected to either house without which he ceases to be a CM.
 Chief Minister can belong to any house in the State Legislature.
Term of Chief Minister:
 The tenure of the chief minister is 5 years
 Aspirants should clearly understand that the term of Chief Minister is not fixed and he
holds his office during the pleasure of the governor.
Removal of Chief Minister:
 Governor cannot remove him any time.
 Governor cannot even dismiss him till the time he enjoys the support of the majority of
the house.
 When CM loses his majority support, he has to resign and Governor dismisses him then.
Powers and Function of the Chief Minister:
1. With respect to council of ministers –
The following are the powers of CM with respect to state council of ministers –
 He advises the Governor to appoint any person as a minister. It is only according to the
advice of CM the Governor appoints ministers.
 Allocation and reshuffling of portfolios among ministers.
 In case of difference of opinion; he can ask minister to resign.
 Directs, guides and controls activities of all the ministers.
 If the Chief Minister resign then full cabinet has to resign.
2. With Respect to Governor -
Under Article 167 of our constitution: The Chief Minister acts as a link between Governor and
state council of ministers. The functions with respect to the Governor are as follows:
 CM has to communicate to the Governor all the decisions of the council of ministers
relating to the administration of the states.
 Whenever the Governor calls for any information relating to the decisions taken or
regarding the administration, the CM has to provide him the same
 The Governor can ask for consideration of council of ministers when a decision has
been taken without the consideration of the cabinet.
 CM advises Governor regarding the appointment of important officials like Attorney
General, State Public Service Commission (Chairman and Members), State Election
Commission etc.
3. With Respect to State Legislature -
 All the policies are announced by him on the floor of the house.
 He recommends dissolution of legislative assembly to the Governor.
 He advises the Governor regarding summoning, proroguing the sessions of State -
Legislative Assembly from time to time.
4. Other Functions -
 At the ground level he is the authority to be in contact with the people regularly and
know about their problems so as to bring about policies on the floor of the assembly.
 He acts as the chairman of State Planning Commission.
 He is the vice chairman of concerned zonal council in rotation for a period of one year.
 During emergencies he acts as the crisis manager in the state.

STATE COUNCIL OF MINISTERS

 The Chief Minister is appointed by the Governor who also appoints other ministers on
the advice of the Chief Minister.
 The Council of Ministers is collectively responsible to legislative assembly of the State.
 As of August 2021, the Government of Karnataka consists of 30 ministers including
Chief Minister.
Qualifications:
 The person must be an Indian
 He or She must pledge their allegiance to the Constitution of India
 He or She must be of 30 years of age (only for legislative council)
  He or She must be of 25 years of age (only for legislative assembly)
 To be in the state council of ministers, the above eligibility must be fulfilled. One-third
of the state council of ministers retires after a tenure of 2 years.
Appointment of the State Council of ministers:
 The Chief Minister is appointed by the governor.
 The other ministers are appointed by the governor on the advice of the chief minister.
 The governor can appoint only those persons as ministers who are recommended by the
chief minister.
Removal of the State Council of ministers:
 Members of the state council of ministers can hold office during the pleasure of the
governor, but the governor exercises his power on the recommendation of the chief
minister.
Role and Functions of State Council Of Ministers:
1. Formulation of Policies
 Ministers are in charge of formulating the government's policies.
 The Cabinet makes decisions on all key issues, including public health, disability and
unemployment benefits, plant disease control, water storage, land tenures and
production, and the supply and distribution of goods.
 The appropriate department implements the policy when it has been developed.
2. Administration and Maintenance of Public Order
 The executive power must be used in a way that ensures that state laws are followed.
 The Governor is empowered by the Constitution to create -rules for the more efficient
conduct of government activities.
 The Council of Ministers advises on all such regulations.
3. Appointments
 The Governor has the authority to appoint the Advocate-General and State Public
Service Commission members.
 The Governor appoints the Vice-Chancellors of the State Universities, as well as
members of numerous Boards and Commissions. These appointments cannot be made
at the Governor's discretion. On the advice of his ministers, he must carry out these
duties.
4. Guiding the Legislature
 The majority of the bills voted by the legislature are government bills drafted by
ministries.
  The Ministers introduce, explain, and defend them before the State Legislature. Each
year, before the start of the first session of the Legislature, the Cabinet prepares the
Governor's Address, in which it lays out its legislative agenda.
5. Control over the State Exchequer
 The Finance Minister presents the State Legislature with the State budget, which
includes estimates of revenue and expenditure for the coming year.
 In the case of a Money Bill, the Legislature cannot take the initiative.
 Only a Minister can introduce such a Bill, which must be recommended by the
Governor. The Executive does have the initiative regarding financial matters.
Types of Responsibilities of State Council of Minister:
1. Collective responsibility
 Article 164 clearly states the council of ministers is collectively responsible to the
legislative assembly of the state.
 This means that all ministers have shared responsibility for all their actions of omission
and commission before the legislative assembly.
 They operate together as a team and sink or swim as a unit.
 When the legislative assembly approves no-confidence motions against the council of
ministers, all ministers, including those on the legislative council, are required to resign.
 The notion of collective responsibility also indicates that a cabinet decision binds all
cabinet ministers (and other ministers), even if they deferred in cabinet.
 It is the responsibility of all ministers to support cabinet decisions both inside and
outside the state legislature. A minister must resign if he disagrees with a cabinet
decision.
2. Individual responsibility
 Individual accountability is likewise enshrined in Article 164. The ministers serve at the
governor's leisure, according to the law.
 This means that the governor can dismiss a minister if the council of ministers has the
legislative assembly's confidence.
 The governor, on the other hand, can only remove a minister on the advice of the chief
minister.
 In the event of a disagreement or unhappiness with a minister's performance, the chief
minister may ask him to quit or advise the governor to remove him.