Andhra Pradesh BIEAP AP Inter 2nd Year Civics Study Material 6th Lesson State Executive Textbook Questions and Answers.

AP Inter 2nd Year Civics Study Material 6th Lesson State Executive

Long Answer Questions

Question 1.
Discuss the powers and functions of the Governor. [Mar. 18]
Answer:
The Governor is the constitutional head of the state government. Article 153 of the Indian constitution provides for the office of the governor in the states. The administration of a state is carried on in the name of the governor

Appointment:
The president appoints the governor on the advice of the Prime Minister. In this Contest, the president generally follows two conventions which are mentioned below for the appointment of the governor.

  1. Consulting the Chief Minister of the State Concerned.
  2. Choosing an eminent person not belonging to the state concerned.

Qualifications :
Article 157 of our constitution lays down the following qualifications for the appointment of a person as a governor.

  1. He shall be a citizen of India.
  2. He should have completed the age of 35 years.
  3. He should not hold any office of profit.
  4. He should not be a member of either union or state legislature.
  5. He should not be an insolvent declared by any court of Law.

Pay and Allowances :
The governor is entitled to receive a monthly salary of ₹ 1,10,000/-. He resides in official rent-free building “Raj Bhavan”. Besides, he is entitled to many other allowances and privileges.

Oath of Office :
The Chief Justice of the state High Court administers the oath of office to the governor.

Tenure :
The Governor holds office as a convention for a term of five years. However, He holds office during the pleasure of the president.

Powers and Functions of the Governor:
The Governor exercises six important powers and functions. They are explained as follows.

1) Legislative Powers and Functions :
Article 163 describe that the Governor is an intregral part of the Stage Legislature. In that capacity he exercises certain powers and performs functions related to the State Legislature.

  1. The Governor inaugurates the first sessions of the State Legislative Assembly after the general elections are over.
  2. He also addressing the first session of State Legislative Assembly every year i.e. budget session.
  3. He appoints Pro-tern Speaker of the State Legislative Assembly.
  4. He summons and prorogues the sessions of the two Houses of the State Legislature.
  5. He addresses the Members of the state Legislature and sends messages in relation to the state legislature.
  6. The Governor gives his assent to the bills passed by the state Legislature.
  7. He may return a bill sent by the state Legislature for its reconsideration.
  8. He dissolves the State Legislative Assembly when he feels no party is in a position to form a stable and viable Government and the advice of the Chief Minister.
  9. He may promulgate Ordinances to meet an emergency which require immediate action during the recess of the State Legislature.
  10. He nominates members of Anglo-indian community to the Legislative Assembly of the state if he feels that community is not represented in the house!
  11. The Governor nominates 1/6 of the total members of the State Legislative Council.

2) Executive powers and functions:
Article 154 of our constitution vests the governor with the executive powers of the state. The governor exercises these powers either directly of through officers subordinate to him. The governor has the following executive powers.

  1. The Governor appoints, the Chief Minister and the members of the Council of Ministers on the advice of the Chief Minister.
  2. He allocates Portfolios among the ministers and reshuffles their portfolios.
  3. He removes the Ministers on the advice of the Chief Minister.
  4. He appoints the Vice-Chancellors of the Universities in the State. He acts as the Chancellor of the universities.
  5. He appoints the Chief Secretary and Advocate General of the State Government.
  6. He appoints the Chairmen and other members of the State Commissions such as a) State Public Service Commission, b) State Election Commission, c) Official Language Commission, d) Commission for Women, e) Minorities Commission, f) Backward Classes Commission and g) SC & ST Commission.
  7. He regulates the postings and transfers of the All India Services personnel working in the state.

3) Judicial Powers and Functions :
The Governor also exercises the following judicial powers and functions.

  1. The Governor renders advice to the President of India in the appointment of Chief Justice and other judges of the High Court of the State.
  2. The Governor appoints the Advocate General of the State.
  3. He makes appointments, postings and promotions of the District Judges in consultation with the Chief Justice of High Court of the State.
  4. He also appoints persons to the judicial services of the state (Other than the district courts) in consultation with the Chief Justice of High Court and State Public Service Commission.
  5. He can grant pardon, retrieve, remit and commute the sentence of any person convicted of any offence against any law of the concerned state.

4) Financial Powers and Functions :
The Governor will have the following powers and functions of financial nature.

  1. The Governor sees that the Annual Financial Statement,(i.e. Budget) is laid before the State Legislature.
  2. No Money bill shall be introduced in the prior permission of the Governor.
  3. No Demand for Grant can be made except on his recommendation.
  4. He maintains the Contingency Fund of the State. He can make advances out of the Contingency Fund to meet any unforeseen expenditure.
  5. He constitutes a Finance Commission for every five years to review the financial position of village Panchayats and Municipalities.
  6. He sees that reports of various financial committees are laid before the State Legislature.

5) Miscellaneous Powers and Functions :
The Governor receives the Annual Report of the State Public Service Commission and passes it on to the Council of Ministers for comments. Thereafter, he passes on the report on these comments to the Speaker of the Assembly for placing it before the legislature. He receives the report of the Auditor-General regarding income and expenditure made by different departments working under the State Government. On behalf of the President, he runs the administration as the real head of the state through the enforcement of law and policies during the period of President’s Rule.

6) Discretionary Powers:
Under Article 163 (1) of the constitutions the Governor has some discretionary powers which are discharged by him. His decisions in this regard are final, These are mentioned as below.

  1. Playing a decisive role in appointing the new Chief Minister in a situation when no single party has a clear majority in the state Legislative Assembly.
  2. Dismissing a Minister When it refuses to resign even after losing majority support in the House.
  3. Dissolution of the Assembly on the advice of the Chief Minister who lost the majority members support.
  4. Rendering advice to the President for the imposition of the President’s Rule in the State.
  5. Reserving a Bill for the consideration and approval of the President.
  6. Seeking instructions from the president before promulgating ordinance on some important matters.
  7. Sending back a bill passed by the state legislature for its reconsideration, .except money bills.

AP Inter 2nd Year Civics Study Material Chapter 6 State Executive

Question 2.
Explain the powers and Functions of the Chief Minister.
Answer:
Articles 163 and 164 of our constitution deal with the office of the chief minister. The chief minister is the real executive head of the State Government. He plays a decisive role and occupies a key position in the State Government.

Appointment :
The Chief Minister is appointed by the governor under article 164. After general elections, the governor normally invites the leader of the majority party in the Legislative Assembly to form the government and appoints him as the Chief Minister.

Powers and Functions of Chief Minister:
The Chief Minister has high authority and heavy responsibility in discharging his powers and related functions. His powers and functions are related to the following heads.

i) Formation of the Ministry :
The first and foremost responsibility of the Chief Minister is the formation of Ministry of his choice. The CM has a free hand in the selection and appointment of Ministers. He chooses some members of his party (or coalition partners in the case of a coalition) and recommends their names to the Governor to be appointed as Ministers. He advises the Governor to allocate portfolios among the Ministers.

ii) Leader of the State Council of Ministers :
The Chief Minister is the head of the Council of Ministers. As such he occupies a position of exceptional authority. He is the Chairman of the State Council of Ministers. The Chief Minister decides the time, venue and the agenda of Gabinet meetings. The CM presides over such meetings, discussions are carried under his direction. He guides, directs, controls and co-ordinates the activities of the Ministers.

iii) Link between the Governor and the State Council of Ministers:
The Chief Minister is the principal channel of communication between the Governor and the State Council of Ministers. As part of his Constitutional duty he communicates all the administrative decisions and legislative proposals of the State Council of Ministers to the Governor. It is his responsibility to furnish any information related to the actives of the Ministers as the Governor may call for. No minister shall meet the Governor without the consent of the Chief Minister.

iv) Leader of the Legislative Assembly:
As the Chief Minister enjoys the confidence and support of the majority Legislators he acts as the leader of the Assembly. In that capacity he extends complete co-operation to the Presiding Officers for the smooth conduct of the Business of the House. He ensures discipline .of his party members in the Assembly. The CM helps other Ministers in case they are unable to satisfy the House with their replies or when a situation goes out of control in the Assembly. He announces the Government policies on the floor of the Legislative Assembly.

v) Chief Spokes Person :
The Chief Minister is the chief spokesperson of the Government. He announces the major policies and programs of the State Government. His statements in and outside of the State Legislature will carry much legitimacy and influence in the State. The Members in the State Legislature demand for clarification and statements on particular issues of the State from the Cheif Minister. So, he maintains much restrain without making controversial statements.

vi) Leader of the party in power:
The Chief Minister is the leader of party in power at the State level, he participates in the meetings organized by his party. He informs the party members about the policies and programs initiated by the State Government to fulfill the poll promises of his party. He seeks the co-operation and support of the party members for the effective implementation of the government policies and successful function pf the Government. He brings co-ordination between the party in power and the Government.

If he happens to be the President or the General Secretary of the party he gains control over his party. He utilizes the services of the senior, experienced and prominent party leaders in improving the image and efficiency of the State Government. He sees that his party members do not make controversial and embarrassing comments that may land the executive in the troubled waters. –

vii) Leader of the people :
He tries to know and understand the needs and interests, aspirations and expectations of the people in the State. For this purpose he frequently makes visits to different places and addresses the public gatherings. He invites petitions from the people and patiently listens to them. He informs the people about the welfare measures and developmental programs taken up by the Government. He motivates the people to take active participation in the implementation of various welfare schemes. He undertakes relief „ measures and consoles the people affected during the natural calamities. He maintains good rapport with the people and wins their confidence and trust, as their prominent leader of the people.

viii) Chief Advisor to the Governor :
It is the Constitutional obligation of the CM to render advice to the Governor on all matter of the State Government. His advice is binding over the Governor in the matter of appointment of ministers, allocation of portfolios, reshuffling of the Ministry and accepting the resignation of Ministers. It is a rate privilege and opportunity of the Chief Minister to advise the Governor to dissolve the State Legislative Assembly when he still has majority support of the members in the Assembly.

ix) Cordial relations with the Union Government:
The Chief Minister, being the real head of the. State administration, has the main responsibility of maintaining harmonious relations with the Union Government. He should develop cordial and amicable relations with the Prime Minister and the Union Ministers. He will have to interaction with several Union Ministers particularly of Home, Finance, Industry, Agriculture, Education, and Rural Development etc.

How much Union support a State gets in the form of financial grants to the centrally sponsored schemes depend on the Chief Minister’s influence on and the rapport with the Union Ministers. The State’s representation in the Union Cabinet also influences the quantum and quality of the support to the State.

x) Relations with Party in Opposition :
The Chief Minister maintains good relations with the Presidents, Floor Leaders, and MLAs of the Opposition Parties. Good contacts, healthy relations and cordial approach the Chief Minister in securing constructive co-operation from the Opposition. He takes the Opposition parties into confidence on crucial issues of the State. He organizes all party meetings and takes delegation of all parties to the Union Government for communicating issues of the state.

xi) Related to the Constitution:
The Indian Constitution confers all the powers of real executive on the Chief Minister. He owes his position to the Constitution. He has to exercise his authority and discharge his responsibilities in accordance with the provisions of Constitution. He must uphold the democratic norms and Constitutional principles in running the State administration.

Question 3.
Describe the powers and functions of the State Council of Ministers.
Answer:
Article 163(1) of the Indian Constitution provides for the State Council Ministers with the Chief Minister at its head, to aid and advise the Governor in the exercise of his powers and in running the State administration.

Composition :
The State Council of Ministers is generally a three-tier body. It consisting of.
1. Cabinet Ministers 2. Ministers of State and 3. Deputy Ministers. There will be some only Parliamentary Secretaries in some states on rare occasions. It constitutes the fourth wing of the hierarchy of the Council of Ministers.

Qualifications :

  1. They should be members of either House of the Legislature (if it is bi-cameral)
  2. If the Ministers are not the members of the State Legislature, they should be elected to the State Legislature within six months from the date of assuming their office. Otherwise they cease to hold their office.
  3. They must possess such other qualifications as*is determined by the Parliament from time to time.

Appointment:
All the Ministers are appointed by the governor (Article 164) on the advice and recommendation of the chief minister.

Powers and Functions of the Council of Ministers :
i) Policy Formulation :
The State Council of Ministers formulates policies suitable for the progress of the people and development of the State. It is an intellectual and laborious process. The Cabinet Ministers meet frequently under the leadership of the Chief Minister, discuss thoroughly various matters of the State adihinistration and finalize the policies along with the necessary decisions.

ii) Enactment of Laws :
The State Council of Ministers takes Legislative initiation on different matters of State Government. It is the Council Ministers that drafts and finalizes the public Bill and pilots them in the State Legislature at different stages in order to get them approved by the Legislature. Once the bills are approved by the Legislature, the Council of Ministers advises the Governor to assent them so that they become laws. The Council of Ministers may propose amendment to the existing laws or enactment Of new laws for the administrative convenience.

iii) Provision of Good Administration :
The State Council of Ministers i.e., the real executive is voted to power to provide good administration and promote the well-being of the .people of the State. The chief responsibility of the Council of Ministers is running the administration in accordance with the Constitutional cardinals and democratic doctrines. The.total administrative work is divided into different ministries. Each minister has one or more departments under his control and is responsible for the effective and the transparent administration of such departments. It formulates and implements different developmental programs and welfare schemes.

iv) Co-ordination of Governmental Activities :
The State Council of Ministers is responsible and the authority for coordinating the functions of different government departments. Without proper co-ordination among the departments the success of the State administration cannot be ensured. The Chief Minister guides and takes lead in coordinating the cabinet discussions and government activities.

v) Appointment Power:
The State Council of Ministers plays a key role in all important appointments to various offices in the State. It makes all appointments in the name of the Governor to various higher offices like the Chief secretary. Advocate General, D.G.R Principal Secretaries and other Heads of the Departments etc.

vi) Financial Fucntions :
The State Council of Ministers wields control over the Finances of the State. It determines fiscal policy and deals with the matters concerning the State Revenue, Expenditure, Investment and Audit of Accounts. It prepares the budget proposals of the State Government and places it before the State Legislature for its consideration and approval. It manages the Finances of the State according to the policy and budget as approved by the Legislature. Its role is that of a trustee.

vii) Miscellaneous Functions :
The State Council of Ministers finalizes strategies for the overall development of the State in the sphere of Agriculture, Irrigation, Industry, Transport, Education, Planning, IT etc. It proclaims ordinances in the name of the Governor during the recess of the State Legislature.

Short Answer Questions

Question 1.
Explain any three Powers and Functions of the Governor.
Answer:
1) Legislative Powers and Functions :
Article 168 describes that the Governor is an intregral part of the State Legislature. In that capacity he exercises certain powers and performs functions related to the State Legislature.

  1. The Governor inaugurates the first sessions of the State Legislative Assembly after the general elections are over.
  2. He also addressing the first session of State Legislative Assembly every year i.e. budget session.
  3. He appoints Pro-tem Speaker of the State Legislative Assembly.
  4. He summons and prorogues the sessions of the two houses of the State Legislature.
  5. He addresses the Members of the state legislature and sends messages in relation to the state legislature.
  6. The Governor gives his assent to the bills passed by the State Legislature.
  7. He may return a bill sent by the State Legislature for its reconsideration.
  8. He dissolves the State Legislative Assembly when he feels no party is in a position to form a stable and viable Government and the advice of the Chief Minister.
  9. He may promulgate Ordinances to meet an emergency which require immediate action during the recess of the State Legislature.
  10. He nominates members of Anglo-Indian community to the Legislative Assembly of the state if he feels that community is not represented in the house.
  11. The Governor nominates 1/6 of the total members of the State Legislative Council.

2) Executive Powers and Functions:
The Governor has the following executive powers.

  1. The Governor appoints, the Chief Minister and the members of the Council of Ministers on the advice of the Chief Minister.
  2. He allocates Portfolios among the ministers and reshuffles their portfolios.
  3. He removes the Ministers on the advice of the Chief Minister.
  4. He appoints the Vice-Chancellors of the Universities in the State. He acts as the Chancellor of the universities.
  5. He appoints the Chief Secretary and Advocate General of the State Government.
  6. He appoints the Chairmen and other members of the State Commissions such as a) State Public Service Commission, b) State Election Commission, c) Official Language Commission, d) Commission for Women, e) Minorities Commission, f) Backward Classes Commission and g) SC & ST Commission.
  7. He regulates the postings and transfers of the All India Services personal working in the state.

3) Judicial Powers and Functions :
The Governor also exercises the following judicial powers and functions.

  1. The Governor renders advice to the President of India in the appointment of Chief Justice and other judges of the High Court of the State.
  2. The Governor appoints the Advocate General of the State.
  3. He makes appointments, postings and promotions of the District Judges in consultation with the Chief Justice of High Court of the State.
  4. He also appoints persons to the judicial services of the state (other than the district courts) in consultation with the Chief Justice of High court and State Public Service Commission.
  5. He can grant pardon; retrieve, remit and commute the sentence of any person convicted of any offence against any law of the concerned state.

AP Inter 2nd Year Civics Study Material Chapter 6 State Executive

Question 2.
What are the Discretionary Functions of the Governor?
Answer:
Under Article 163(1) of the constitution the governor has been armed with certain discretionary powers. In the exercise of his discretionary powers, the governor is not bound by the advice of his ministers or even to seek such advice. His actions shall not be called into question on the ground that he ought or ought not to have acted in his discretion.

The discretionary powers of governor are mentioned below.

  1. Playing a decisive role in appointing the new Chief Minister in a situation when single party has a clear majority in the State Legislative Assembly.
  2. Dismissing a Ministry when it refuses to resign even after losing majority support in the House.
  3. Dissolution of the Assembly on the advice of the Chief Minister who lost the majority members support.
  4. Rendering advice to the President for the imposition of the President’s Rule in the State.
  5. Reserving a Bill for the consideration and approval of the President.
  6. Seeking instructions from the President before promulgating ordinance on some important matters.
  7. Sending back a bill passed by the state legislature for its reconsideration, except money bills.
  8. Seeking information from the Chief Minister with regard to the administrative and legislative matters of the State.

Question 3.
What are the Differences between the Governor of a State and the President of India?
Answer:

Governor of a State President of India
1) The Governor is a nominated person. 1) The President is an elected person.
2) He has no security of Tenure. His Tenure depends upon the Pleasure of the President. 2) The President has a fixed tenure of Office of five years in general.
3) The Governor can be removed easily by the President on the advice of the Union Council of Ministers headed the Prime Minister. 3) He can be removed only by the difficult process of Impeachment by the Parliament.
4) The Governor has discretionary power. 4) The President has no discretionary, powers.
5) The Governor does not have Military and diplomatic powers. 5) He has Military and Diplomatic powers.
6) Pardoning power of the Governor is limited. He cannot pardon death sentence and any sentence inflicted by the Martial Court. 6) Pardoning power of the president is absolute. He can pardon even the death sentence and sentence of Martial Court.
7) The Governor does not have emergency powers. He can only suggest for the imposition of President’s Rule. 7) The President can Promulgate orders for the declaration of all the three types of Emergencies.
8) The Governor has no power to remove the Chairman and Members of the State Public Service Commission though he appoints them. 8) The President can remove the Chairman and the Members of the Union Public Service Commission on the grounds stipulated by the constitution.
9) The Governor sometimes may reserve a bill for the consideration of the President. 9) The President need not reserve any bill for the consideration of any other authority before giving his assent.
10) The Governor cannot issue ordinance without instructions from the President on the matters (a) which might affect the powers of the Union (b) affecting powers of the High Court (c) Imposing reasonable restrictions upon Inter¬State Trade or Commerce. 10) The President can promulgate any ordinance on the advice of Council of Ministers of the Union.

Question 4.
What is the position and significance of the Governor in the State?
Answer:
The Constitution of India provides for the Parliamentary System of Government both at Centre and in the States. While the Governor is only a nominal executive, the real executive constitutes the Council of Ministers headed by the Chief Minister. The Constitution has assigned a dual role to the office of a Governor in the Indian federal system. He is the Constitutional head of the State Government as well as the representative of the Union Government.

As the Constitutional head of the state government, he must positively contribute to the progress and development of the State. He has to see that the political and administrative heads of the State Government strive for the promotion of the interests of the people. The Governor has to ensure that the ministers and bureaucrats must observe the constitutional and democratic norms. It is the responsibility of the Governor to see that the affairs of the government are carried on in accordance with Constitutional provisions. The Governor has to maintain close and harmonious relations with the real executive heads of the Union and State Governments.

The Governor is not supposed to run a parallel government in the State. His role is that of a good counselor, mediator and arbitrator than an active politician. He shall abide by the advice of the State Council of Ministers. This does not mean that he should accept all proposals immediately. He can reserve Bills for reconsideration and prevent hasty decisions. Great caution and restrainment must be exercised while reporting to the President under Article 356. Otherwise, his image as guardian of the State Government would tarnished. He should keep himself away from active politics. If he identifies himself with a political party, he cannot inspire the total trust of the people.

Being the representative of the Centre, the Governor has the responsibility of informing through reports whether the State is complying with the directives issued by the Union from time to time. It is his constitutional obligation to inform the Union whether the constitutional machinery is functioning smoothly in the state or not.

The Centre-State relations largely depend upon the action and performance of the Governor. He can make or mar the healthy relations between the Union and the State. The Constitution has given certain discretionary powers to the Governor. If the Governor makes use of these powers sparingly, judiciously and impartially, tensions between the Centre and the States would certainly be reduced. If he acts with bias and at the behest of the Central Government, the tensions between the Centre and State would undoubtedly be enhanced. The role of the Governor in the formation or dissolution of the Ministry or imposing of President’s Rule will have far reaching implications and consequences in the healthy and harmonious Centre-State relations.

Question 5.
Explain any three Powers and Functions of the Chief Minister. [Mar. 16]
Answer:
The following are the three important powers and functions of the Chief Minister.
i) Formation of the Ministry :
The first arid foremost responsibility of the Chief Minister is the formation of Ministry of his choice. The CM has a free hand in the selection and appointment of Ministers. He chooses some members of his party (or coalition partners in the case of a coalition) and recommends their names to the Governor to be appointed as Ministers. He advises the Governor to allocate portfolios among the Ministers.

ii) Leader of the State Council of Ministers :
The Chief Minister is the head of the Council of Ministers. As such he occupies a position of exceptional authority. He is the Chairman of the State Council of Ministers. The Chief Minister decides the time, venue and the agenda of Cabinet meetings. The CM presides over such meetings, discussions are carried under his direction. He guides, directs, controls and co-ordinates the activities of the Ministers.

iii) Link between the Governor and the State Council of Ministers :
The Chief Minister is the principal channel of communication between the Governor and the State Council of Ministers. As part of his Constitutional duty he communicates all the administrative decisions and legislative proposals of the State Council of Ministers to the Governor. It is his responsibility to furnish any information related to the actives of the Ministers as the Governor may call for. No minister shall meet the Governor without the consent of the Chief Minister.

Question 6.
Explain the Composition of the State Council of Ministers.
Answer:
Article 163(1) of the Indian Constitution provides for the State Council Ministers with the Chief Minister at its head, to aid and advise the Governor in the exercise of his powers and in rurining the State administration.

Composition :
The State Council of Ministers is generally a three-tier body. It consisting of.
1. Cabinet Ministers 2. Ministers of State and 3. Deputy Ministers. There will be some only Parliamentary Secretaries in some States on rare occasions. It constitutes the fourth wing of the hierarchy of the Council of Ministers.

i) Cabinent Ministers :
The cabinent is a small body consisting of ministers holding the most important portfolios such as Home, Finance, Planning and Industries etc. They enjoy independence in taking and implementing decisions concerning their ministry. They attend the Cabinet meetings, concerned by the Chief Minister. Some times the Ministers of state and deputy ministers may attend the cabinet meetings, in case their presence is needed during deliberations. They meet frequently and determine the policies of the State Government under the stewardship of the Chief Minister.

ii) Ministers of State :
The Ministers of State hold portfolios of less importance compared to the Cabinent Ministers. They may be attached to the individual Cabinent Ministers or might be given independent charge of crucial departments’in the major Ministries. In such a case they enjoy independence. They are answerable directly to the Chief Minister. They are not subject to the control of Cabinet Ministers.

iii) Deputy Ministers :
The Deputy Ministers are attached to the Cabinet Ministers. They performs such functions which are assigned by the Cabinet Ministers. His role is mainly to relieve the burden of the Cabinet Minister. He assists the Cabinent Minister in the administrative and legislative affairs of the Ministry the Constitution (91st Amendment) Act 2003 fixes a ceiling on the size of the Council of Ministers. The total number of the Ministers cannot be more than 15% of the total strength of the State Legislative Assembly.

AP Inter 2nd Year Civics Study Material Chapter 6 State Executive

Question 7.
Point out any three Powers of the State Council of Ministers. [Mar. 17]
Answer:
The three of the following are the important powers of the state council of Ministers.
i) Policy Formulation :
The State Council of Ministers formulates policies suitable for the progress of the people and development of the State. It is an intellectual and laborious process. The Cabinent Ministers meet frequently under the leadership of the Chief Minister, discuss throughly various matters of the State administration, and finalize the policies along with the necessary decisions.

ii) Enactment of Laws :
The State Council of Ministers takes Legislative initiation on different matters of State Government. It is the Council of Ministers that drafts and finalizes the public Bills and pilots them in the State Legislature at different stages in order to get them approved by the Legislature. Once the bills are approved by the Legislature, the Council of ministers advises the Governor to assent them so that they become laws. The Council of Ministers may propose amendment to the existing laws or enactment of new laws for the administrative convenience.

iii) Provision of Good Administration :
The State Council of Ministers i.e., the real executive is voted to power to provide good administration and promote the wellbeing of the people of the State. The chief responsibility of the Council of Ministers is running the administration in accordance with the Constitutional cardinals and democratic doctrines.

The total administrative work is divided into different ministries. Each minister has one or more departments under his control and is responsible for the effective and the transparent administration of such departments. It formulates and implements different developmental programs and welfare schemes.

Question 8.
Estimate the relationship between the Chief Minister and the Governor.
Answer:
In a Parliamentary Democracy like India the real executive of the state plays a pivotal role in the state administration. The Cheif Minister as the real executive head in the State is responsible ultimately to the state electorate. The Chief Minister has also the obligation to facilitate the exercise of powers of the Governor by providing necessary information about the affairs of the administration of the State. The Governor has a right to seek any information on administrative and legislative activities of the state Council of Ministers through the Chief Minister.

However, this right does not allow permit the Governor to become a parallel centre in this state. It may be noted that the nature of the power available to the Governor is persuasive and not authoritarian. So he cannot under the grab of this right start over riding or vetoing the decisions or proposals of the state Council of Ministers.

The founding fathers of our Constitution have laid great emphasis on the need for harmonious relations between the Governor and his Council of Ministers headed by the Chief Minister. This was the main idea behind abandoning the proposal for an elected Governor and adopting for his nomination by the President.

The Sarkaria Commission in its report emphasized that for the proper working of the Parliamentary system there needs to be a good personnel rapport between the Governor and the Chief Minister of a State. For fostering good personnel relationship, the Sarkaria Commission suggested that the Union Government has to consult the concerned Chief Minister before appointing the Governor of the State.

Pandit Jawaharlal Nehru during his speeches in the Constituent Assembly stated that the Governor should be acceptable to the Chief Minister. Both the Chief Minister and Governor must work together in mutual co-operation to promote the development of the State and safeguard the interests of the people of the State.

Very Short Answer Questions

Question 1.
Qualifications of Governor. [Mar. 18]
Answer:
Article 157 of our Constitution lays down the following qualifications for the appointment of a person as a Governor.

  1. He shall be a citizen of India.
  2. He should have completed the age of 35 years.
  3. He should not be a member of either house of Parliament or state legislature.
  4. He should not hold any other office of profit.
  5. He should not be an insolvent declared by any court of law.

Question 2.
Special responsibilities of the Governor. [Mar. 17]
Answer:
The Governor has certain special responsibilities to discharge according to the directives issued by the President under Articles 371 (Z) 371 (A) (1) b, 371 (C) in case special responsibility through the Governor is to constilt the Council of Ministers the final decision shall be in his individual judgement which no court can question.

The Governor of Assom. Maharashtra, Gujarat, Wougaland, Manipur and Sikkim have special responsibility on specific matters related to their respective states. For example : 1. The Governor of Assom shall in his discretion determine the amount payable by the state of Assom to district council as the royalty accruing from licences of minerals decides the amount of money received from mineral resources and which has to be allocated to the District Council.

Question 3.
State Executive. [Mar. 18]
Answer:
Articles 153 to 167 deal with the matters of the state executive. The state executive consists of (a) the Governor (b) the Chief Minister and (c) Members of the State Council of Ministers. In our Parliamentary system Governor is the titular or constitutional head of the state. The Chief Minister is the real executive head of the Government. The Chief Minister and the Ministers being represents the people.

Question 4.
Immunities of the Governor.
Answer:
Our Constitution provides certain legal Immunities to the office of the Governor to enable him to discharge his constitutional functions in a free and fair manner, to ensure the state government works constitutionally. He shall not be held responsible for any act done or purporting to have been done in his official capacity. No criminal proceedings can be initiated against the Governor during his term of office. No proceedings for his arrest or imprisonment can be taken by any court of law.

Question 5.
Any two executive powers of the Governor.
Answer:

  1. The Governor appoints, the Chief Minister and the members of the Council of Ministers on the advice of the Chief Minister.
  2. He allocates portfolios among the Ministers and reshuffles their portfolios.

Question 6.
Two discretionary powers of the Governor.
Answer:

  1. Playing a decisive role in appointing the new Chief Minister in a situation when no single party has a clear majority in the State Legislative Assembly.
  2. Dismissing a Ministry when it refuses to resign even after losing majority support in the house.

Question 7.
The Chief Minister. [Mar. 17]
Answer:
The Chief Minister is the centre of the real executive authority at the state level. He plays a decisive role and occupies a key position in the State Government. The progress of the people and development of the state largely depends upon the Cabinet, Personality, Preservance and political stature of the Chief Minister.

Question 8.
Cabinet Ministers. [Mar. 16]
Answer:
The Cabinet is a small boy consisting of Ministers holding the most important portfolios such as Home, Finance, Planning and Industries etc. They enjoy independence in taking and implementing decisions concerning their Ministry. They attend the Cabinet meetings, concerned by the Chief Minister. Some times the Ministers of state and Deputy Ministers may attend the Cabinet meetings, incase their presence is needed during deliberations. They met frequently and determine the policies of the State Government under the Stewardship of the Chief Minister.

Question 9.
Composition of the State Council of Ministers. [Mar. 18]
Answer:
The State Council of Ministers is generally a three-tier body. It consisting of.

  1. Cabinet Ministers
  2. Ministers of state and
  3. Deputy Ministers. There will be some only Parliamentary Secretaries in some states on rare occassions. It constitutes the fourth wing of the hierarchy of the Council of Ministers. .

Question 10.
Deputy Ministers.
Answer:
The Deputy Ministers are attached to the Cabinet Ministers. They performs such functions which are assigned by the Cabinet Ministers. His role is mainly to relieve the burden of the Cabinet Minister. He assists the Cabinet Minister in the .administrative and legislative affairs of the Ministry.

AP Inter 2nd Year Civics Study Material Chapter 6 State Executive

Question 11.
State Ministers.
Answer:
The Ministers of State hold portfolios of less importance compared to the Cabinet Ministers. They may be attached to the individual Cabinet Ministers or might be given independent charges of crucial departments in the major minorities. In such a case they enjoy independence. They are answerably directly to the Chief Minister. They are not subject to the control of Cabinet Ministers.