jbp123/hello · Datasets at Hugging Face

instruction stringlengths 1 84	input stringlengths 1 85	output stringlengths 1 83
permission. permission.	When a Money Bill is reserved by When the governor reserves a	the Governor for the consideration money bill for the consideration of
of the President, the President has the President, he will not have any	two alternatives: further role in the enactment of the	(a) He may give his assent to bill. If the President gives his assent
the bill, the bill then to the bill, it becomes an Act. This	becomes an Act. means that the assent of the	(b) He may withhold his assent governor is no longer required.
to the bill, the bill then ends	and does not become an	act.
Thus, the President cannot return a	money bill for the reconsideration of	the state legislature (as in the case
of the Parliament).	Table 30.2 Comparing Ordinance-Making Power of President and	Governor
President Governor	1. He can promulgate an 1. He can promulgate an	ordinance only when both the ordinance only when the
Houses of Parliament are not in legislative assembly (in case of	session or when either of the a unicameral legislature) is not	two Houses of Parliament is in session or (in case of a bi-
not in session. The second cameral legislature) when both	provision implies that an the Houses of the state	ordinance can also be legislature are not in session or
promulgated by the president when either of the two Houses	when only one House is in of the state legislature is not in	session because a law can be session. The last provision
passed by both the Houses implies that an ordinance can	and not by one House alone. be promulgated by the	governor when only one House
(in case of a bicameral	legislature) is in session	because a law can be passed
by both the Houses and not by	one House alone.	2. He can promulgate an 2. He can promulgate an
ordinance only when he is ordinance only when he is	satisfied that circumstances satisfied that circumstances	exist which render it necessary exist which render it necessary
for him to take immediate for him to take immediate	action. action.	3. His ordinance-making power is 3. His ordinance-making power is
co-extensive with the legislative co-extensive with the legislative	power of the Parliament. This power of the state legislature.	means that he can issue This means that he can issue
ordinances only on those ordinances only on those	subjects on which the subjects on which the state	Parliament can make laws. legislature can make laws.
4. An ordinance issued by him 4. An ordinance issued by him	has the same force and effect has the same force and effect	as an act of the Parliament. as an act of the state
legislature.	5. An ordinance issued by him is 5. An ordinance issued by him is	subject to the same limitations subject to the same limitations
as an act of Parliament. This as an act of the state	means that an ordinance legislature. This means that an	issued by him will be invalid to ordinance issued by him will be
the extent it makes any invalid to the extent it makes	provision which the Parliament any provision which the state	cannot make. legislature cannot make.
6. He can withdraw an ordinance 6. He can withdraw an ordinance	at any time. at any time.	7. His ordinance-making power is 7. His ordinance-making power is
not a discretionary power. This not a discretionary power. This	means that he can promulgate means that he can promulgate	or withdraw an ordinance only or withdraw an ordinance only
on the advice of the council of on the advice of the council	ministers of ministers headed headed by the chief minister.	by the prime minister.
8. An ordinance issued by him 8. An ordinance issued by him	should be laid before both the should be laid before the	Houses of Parliament when it legislative assembly or both the
(in case of a bicameral	legislature) when it	reassembles.
9. An ordinance issued by him 9. An ordinance issued by him	ceases to operate on the expiry ceases to operate on the expiry	of six weeks from the of six weeks from the
reassembly of Parliament. It reassembly of the state	may cease to operate even legislature. It may cease to	earlier than the prescribed six operate even earlier than the
weeks, if both the Houses of prescribed six weeks, if a	Parliament passes resolutions resolution disapproving it is	disapproving it. passed by the legislative
assembly and is agreed to by	the legislative council (in case	of a bicameral legislature).
10. He needs no instruction for 10. He cannot make an ordinance	making an ordinance. without the instructions from	the President in three cases:
(a) If a bill containing the same	provisions would have	required the previous
sanction of the President	for its introduction into the	state legislature.
(b) If he would have deemed it	necessary to reserve a bill	containing the same
provisions for the	consideration of the	President.
(c) If an act of the state	legislature containing the	same provisions would
have been invalid without	receiving the President’s	assent.
Table 30.3 Comparing Pardoning Powers of President and Governor	President Governor	1. He can pardon, reprive, respite, 1. He can pardon, reprieve,
punishment or sentence of any commute the punishment or	person convicted of any sentence of any person	offence against a Central law. convicted of any offence
against a state law.	2. He can pardon, reprieve, 2. He cannot pardon a death	respite, remit, suspend or sentence. Even if a state law
commute a death sentence. He prescribes for death sentence,	is the only authority to pardon a the power to grant pardon lies	death sentence. with the President and not the
governor. But, the governor can	suspend, remit or commute a	death sentence.
3. He can grant pardon, reprieve, 3. He does not possess any such	respite, suspension, remission power.	or commutation in respect to
CONSTITUTIONAL POSITION OF GOVERNOR	The Constitution of India provides for a parliamentary form of government	in the states as in the Centre. Consequently, the governor has been made
only a nominal executive, the real executive constitutes the council of	ministers headed by the chief minister. In other words, the governor has to	exercise his powers and functions with the aid and advise of the council of
ministers headed by the chief minister, except in matters in which he is	required to act in his discretion (i.e., without the advice of ministers).	In estimating the constitutional position of the governor, particular
reference has to be made to the provisions of Articles 154, 163 and 164.	These are:	(a) The executive power of the state shall be vested in the governor and
shall be exercised by him either directly or through officers	subordinate to him in accordance with this Constitution (Article 154).	(b) There shall be a council of ministers with the chief minister as the
head to aid and advise the governor in the exercise of his functions,	except in so far as he is required to exercise his functions in his	discretion (Article 163).
(c) The council of ministers shall be collectively responsible to the	legislative assembly of the state (Article 164). This provision is the	foundation of the parliamentary system of government in the state.
From the above, it is clear that constitutional position of the governor	differs from that of the president in the following two respects:6	1. While the Constitution envisages the possibility of the governor
acting at times in his discretion, no such possibility has been	envisaged for the President.	2. After the 42nd Constitutional Amendment (1976), ministerial advice
has been made binding on the President, but no such provision has	been made with respect to the governor.	The Constitution makes it clear that if any question arises whether a
matter falls within the governor’s discretion or not, the decision of the	governor is final and the validity of anything done by him cannot be called	in question on the ground that he ought or ought not to have acted in his
discretion. The governor has constitutional discretion in the following	cases:	1. Reservation of a bill for the consideration of the President.
2. Recommendation for the imposition of the President’s Rule in the	state.	3. While exercising his functions as the administrator of an adjoining
4. Determining the amount payable by the Government of Assam,	Meghalaya, Tripura and Mizoram to an autonomous Tribal District	Council as royalty accruing from licenses for mineral exploration7 .
5. Seeking information from the chief minister with regard to the	administrative and legislative matters of the state.	In addition to the above constitutional discretion (i.e., the express
discretion mentioned in the Constitution), the governor, like the president,	also has situational discretion (i.e., the hidden discretion derived from the	exigencies of a prevailing political situation) in the following cases:
1. Appointment of chief minister when no party has a clear-cut majority	in the state legislative assembly or when the chief minister in office	dies suddenly and there is no obvious successor.
2. Dismissal of the council of ministers when it cannot prove the	confidence of the state legislative assembly.	3. Dissolution of the state legislative assembly if the council of
ministers has lost its majority.	Table 30.4 Articles Related to Governor at a Glance	Article No. Subject Matter
153. Governors of states	154. Executive power of state	155. Appointment of Governor
156. Term of office of Governor	157. Qualifications for appointment as Governor	158. Conditions of Governor’s office
159. Oath or affirmation by the Governor	160. Discharge of the functions of the Governor in certain	contingencies
161. Power of the Governor to grant pardons and others	162. Extent of executive power of state	163. Council of ministers to aid and advise the Governor
164. Other provisions as to ministers like appointments,	term, salaries, and others	165. Advocate-General for the state
166. Conduct of business of the government of a state	167. Duties of the Chief Minister regarding furnishing of	information to the Governor, and so on
174. Sessions of the state legislature, prorogation and	dissolution	175. Right of the Governor to address and send
messages to the house or houses of state	legislature	176. Special address by the Governor
200. Assent to bills (i.e. assent of the Governor to the	bills passed by the state legislature)	201. Bills reserved by the Governor for consideration of
the President	213. Power of Governor to promulgate ordinances	217. Governor being consulted by the President in the
matter of the appointments of the judges of the High	Courts	233. Appointment of district judges by the Governor
234. Appointments of persons (other than district judges)	to the judicial service of the state by the Governor.	Moreover, the governor has certain special responsibilities to discharge
according to the directions issued by the President. In this regard, the	governor, though has to consult the council of ministers led by the chief	minister, acts finally on his discretion. They are as follows:
1. Maharashtra–Establishment of separate development boards for	Vidarbha and Marathwada.	2. Gujarat–Establishment of separate development boards for
Saurashtra and Kutch.	3. Nagaland–With respect to law and order in the state for so long as	the internal disturbance in the Naga Hills-TUensang Area continues.
4. Assam–With respect to the administration of tribal areas.	5. Manipur–Regarding the administration of the hill areas in the state.	6. Sikkim–For peace and for ensuring social and economic
advancement of the different sections of the population.	7. Arunachal Pradesh–With respect to law and order in the state.	8. Karnataka - Establishment of a separate development board for
Hyderabad-Karnataka region8 .	Thus, 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
NOTES AND REFERENCES	1. Constituent Assembly Debates, Volume IV, pp. 588–607.	2. Vide the Finance Act, 2018, with effect from 1st January, 2016.
This Act amended the Governor’s (Emoluments, Allowances	and Privileges) Act, 1982.	3. Surya Narain v Union of India, (1982).
4. Soli Sorabji, The Governor: Sage or Saboteur, Roli Books (New	Delhi), 1985, p. 25.	5. For the meanings of these legal terms, see ‘Pardoning Power of
the President’ under Chapter 17.	6. M.P. Jain, Indian Constitutional Law, Wadhwa, Fourth Ed, p.	186.
7. Paragraph 9(2) of the Sixth Schedule says: ‘If any dispute	arises as to the share of such royalties to be made over to a	district council, it shall be referred to the governor for
determination and the amount determined by the governor in	his discretion shall be deemed to be the amount payable to the	district council and the decision of the governor shall be final’.
The Sixth Schedule contains the provisions as to the	administration of tribal areas in the States of Assam,	Meghalaya, Tripura and Mizoram.
31 Chief Minister	I	n the scheme of parliamentary system of government provided
by the Constitution, the governor is the nominal executive	authority (de jure executive) and the Chief Minister is the real	executive authority (de facto executive). In other words, the governor
is the head of the state while the Chief Minister is the head of the	government. Thus the position of the Chief Minister at the state level	is analogous to the position of prime minister at the Centre.
APPOINTMENT OF CHIEF MINISTER	The Constitution does not contain any specific procedure for the	selection and appointment of the Chief Minister. Article 164 only says
that the Chief Minister shall be appointed by the governor. However,	this does not imply that the governor is free to appoint any one as	the Chief Minister. In accordance with the conventions of the
parliamentary system of government, the governor has to appoint	the leader of the majority party in the state legislative assembly as	the Chief Minister. But, when no party has a clear majority in the
assembly, then the governor may exercise his personal discretion in	the selection and appointment of the Chief Minister. In such a	situation, the governor usually appoints the leader of the largest
party or coalition in the assembly as the Chief Minister and ask him	to seek a vote of confidence in the House within a month.1	The governor may have to exercise his individual judgement in
the selection and appointed of the Chief Minister when the Chief	Minister in office dies suddenly and there is no obvious successor.	However, on the death of a Chief Minister, the ruling party usually
elects a new leader and the governor has no choice but to appoint	him as Chief Minister.	The Constitution does not require that a person must prove his
majority in the legislative assembly before he is appointed as the	Chief Minister. The governor may first appoint him as the Chief	Minister and then ask him to prove his majority in the legislative
assembly within a reasonable period. This is what has been done in	a number of cases2 .	A person who is not a member of the state legislature can be
appointed as Chief Minister for six months, within which time, he	should be elected to the state legislature, failing which he ceases to	be the Chief Minister.3

permission. permission.

When a Money Bill is reserved by When the governor reserves a

the Governor for the consideration money bill for the consideration of

of the President, the President has the President, he will not have any

two alternatives: further role in the enactment of the

(a) He may give his assent to bill. If the President gives his assent

the bill, the bill then to the bill, it becomes an Act. This

becomes an Act. means that the assent of the

(b) He may withhold his assent governor is no longer required.

to the bill, the bill then ends

and does not become an

act.

Thus, the President cannot return a

money bill for the reconsideration of

the state legislature (as in the case

of the Parliament).

Table 30.2 Comparing Ordinance-Making Power of President and

Governor

President Governor

1. He can promulgate an 1. He can promulgate an

ordinance only when both the ordinance only when the

Houses of Parliament are not in legislative assembly (in case of

session or when either of the a unicameral legislature) is not

two Houses of Parliament is in session or (in case of a bi-

not in session. The second cameral legislature) when both

provision implies that an the Houses of the state

ordinance can also be legislature are not in session or

promulgated by the president when either of the two Houses

when only one House is in of the state legislature is not in

session because a law can be session. The last provision

passed by both the Houses implies that an ordinance can

and not by one House alone. be promulgated by the

governor when only one House

(in case of a bicameral

legislature) is in session

because a law can be passed

by both the Houses and not by

one House alone.

2. He can promulgate an 2. He can promulgate an

ordinance only when he is ordinance only when he is

satisfied that circumstances satisfied that circumstances

exist which render it necessary exist which render it necessary

for him to take immediate for him to take immediate

action. action.

3. His ordinance-making power is 3. His ordinance-making power is

co-extensive with the legislative co-extensive with the legislative

power of the Parliament. This power of the state legislature.

means that he can issue This means that he can issue

ordinances only on those ordinances only on those

subjects on which the subjects on which the state

Parliament can make laws. legislature can make laws.

4. An ordinance issued by him 4. An ordinance issued by him

has the same force and effect has the same force and effect

as an act of the Parliament. as an act of the state

legislature.

5. An ordinance issued by him is 5. An ordinance issued by him is

subject to the same limitations subject to the same limitations

as an act of Parliament. This as an act of the state

means that an ordinance legislature. This means that an

issued by him will be invalid to ordinance issued by him will be

the extent it makes any invalid to the extent it makes

provision which the Parliament any provision which the state

cannot make. legislature cannot make.

6. He can withdraw an ordinance 6. He can withdraw an ordinance

at any time. at any time.

7. His ordinance-making power is 7. His ordinance-making power is

not a discretionary power. This not a discretionary power. This

means that he can promulgate means that he can promulgate

or withdraw an ordinance only or withdraw an ordinance only

on the advice of the council of on the advice of the council

ministers of ministers headed headed by the chief minister.

by the prime minister.

8. An ordinance issued by him 8. An ordinance issued by him

should be laid before both the should be laid before the

Houses of Parliament when it legislative assembly or both the

(in case of a bicameral

legislature) when it

reassembles.

9. An ordinance issued by him 9. An ordinance issued by him

ceases to operate on the expiry ceases to operate on the expiry

of six weeks from the of six weeks from the

reassembly of Parliament. It reassembly of the state

may cease to operate even legislature. It may cease to

earlier than the prescribed six operate even earlier than the

weeks, if both the Houses of prescribed six weeks, if a

Parliament passes resolutions resolution disapproving it is

disapproving it. passed by the legislative

assembly and is agreed to by

the legislative council (in case

of a bicameral legislature).

10. He needs no instruction for 10. He cannot make an ordinance

making an ordinance. without the instructions from

the President in three cases:

(a) If a bill containing the same

provisions would have

required the previous

sanction of the President

for its introduction into the

state legislature.

(b) If he would have deemed it

necessary to reserve a bill

containing the same

provisions for the

consideration of the

President.

(c) If an act of the state

legislature containing the

same provisions would

have been invalid without

receiving the President’s

assent.

Table 30.3 Comparing Pardoning Powers of President and Governor

President Governor

1. He can pardon, reprive, respite, 1. He can pardon, reprieve,

punishment or sentence of any commute the punishment or

person convicted of any sentence of any person

offence against a Central law. convicted of any offence

against a state law.

2. He can pardon, reprieve, 2. He cannot pardon a death

respite, remit, suspend or sentence. Even if a state law

commute a death sentence. He prescribes for death sentence,

is the only authority to pardon a the power to grant pardon lies

death sentence. with the President and not the

governor. But, the governor can

suspend, remit or commute a

death sentence.

3. He can grant pardon, reprieve, 3. He does not possess any such

respite, suspension, remission power.

or commutation in respect to

CONSTITUTIONAL POSITION OF GOVERNOR

The Constitution of India provides for a parliamentary form of government

in the states as in the Centre. Consequently, the governor has been made

only a nominal executive, the real executive constitutes the council of

ministers headed by the chief minister. In other words, the governor has to

exercise his powers and functions with the aid and advise of the council of

ministers headed by the chief minister, except in matters in which he is

required to act in his discretion (i.e., without the advice of ministers).

In estimating the constitutional position of the governor, particular

reference has to be made to the provisions of Articles 154, 163 and 164.

These are:

(a) The executive power of the state shall be vested in the governor and

shall be exercised by him either directly or through officers

subordinate to him in accordance with this Constitution (Article 154).

(b) There shall be a council of ministers with the chief minister as the

head to aid and advise the governor in the exercise of his functions,

except in so far as he is required to exercise his functions in his

discretion (Article 163).

(c) The council of ministers shall be collectively responsible to the

legislative assembly of the state (Article 164). This provision is the

foundation of the parliamentary system of government in the state.

From the above, it is clear that constitutional position of the governor

differs from that of the president in the following two respects:6

1. While the Constitution envisages the possibility of the governor

acting at times in his discretion, no such possibility has been

envisaged for the President.

2. After the 42nd Constitutional Amendment (1976), ministerial advice

has been made binding on the President, but no such provision has

been made with respect to the governor.

The Constitution makes it clear that if any question arises whether a

matter falls within the governor’s discretion or not, the decision of the

governor is final and the validity of anything done by him cannot be called

in question on the ground that he ought or ought not to have acted in his

discretion. The governor has constitutional discretion in the following

cases:

1. Reservation of a bill for the consideration of the President.

2. Recommendation for the imposition of the President’s Rule in the

state.

3. While exercising his functions as the administrator of an adjoining

4. Determining the amount payable by the Government of Assam,

Meghalaya, Tripura and Mizoram to an autonomous Tribal District

Council as royalty accruing from licenses for mineral exploration7 .

5. Seeking information from the chief minister with regard to the

administrative and legislative matters of the state.

In addition to the above constitutional discretion (i.e., the express

discretion mentioned in the Constitution), the governor, like the president,

also has situational discretion (i.e., the hidden discretion derived from the

exigencies of a prevailing political situation) in the following cases:

1. Appointment of chief minister when no party has a clear-cut majority

in the state legislative assembly or when the chief minister in office

dies suddenly and there is no obvious successor.

2. Dismissal of the council of ministers when it cannot prove the

confidence of the state legislative assembly.

3. Dissolution of the state legislative assembly if the council of

ministers has lost its majority.

Table 30.4 Articles Related to Governor at a Glance

Article No. Subject Matter

153. Governors of states

154. Executive power of state

155. Appointment of Governor

156. Term of office of Governor

157. Qualifications for appointment as Governor

158. Conditions of Governor’s office

159. Oath or affirmation by the Governor

160. Discharge of the functions of the Governor in certain

contingencies

161. Power of the Governor to grant pardons and others

162. Extent of executive power of state

163. Council of ministers to aid and advise the Governor

164. Other provisions as to ministers like appointments,

term, salaries, and others

165. Advocate-General for the state

166. Conduct of business of the government of a state

167. Duties of the Chief Minister regarding furnishing of

information to the Governor, and so on

174. Sessions of the state legislature, prorogation and

dissolution

175. Right of the Governor to address and send

messages to the house or houses of state

legislature

176. Special address by the Governor

200. Assent to bills (i.e. assent of the Governor to the

bills passed by the state legislature)

201. Bills reserved by the Governor for consideration of

the President

213. Power of Governor to promulgate ordinances

217. Governor being consulted by the President in the

matter of the appointments of the judges of the High

Courts

233. Appointment of district judges by the Governor

234. Appointments of persons (other than district judges)

to the judicial service of the state by the Governor.

Moreover, the governor has certain special responsibilities to discharge

according to the directions issued by the President. In this regard, the

governor, though has to consult the council of ministers led by the chief

minister, acts finally on his discretion. They are as follows:

1. Maharashtra–Establishment of separate development boards for

Vidarbha and Marathwada.

2. Gujarat–Establishment of separate development boards for

Saurashtra and Kutch.

3. Nagaland–With respect to law and order in the state for so long as

the internal disturbance in the Naga Hills-TUensang Area continues.

4. Assam–With respect to the administration of tribal areas.

5. Manipur–Regarding the administration of the hill areas in the state.

6. Sikkim–For peace and for ensuring social and economic

advancement of the different sections of the population.

7. Arunachal Pradesh–With respect to law and order in the state.

8. Karnataka - Establishment of a separate development board for

Hyderabad-Karnataka region8 .

Thus, 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

NOTES AND REFERENCES

1. Constituent Assembly Debates, Volume IV, pp. 588–607.

2. Vide the Finance Act, 2018, with effect from 1st January, 2016.

This Act amended the Governor’s (Emoluments, Allowances

and Privileges) Act, 1982.

3. Surya Narain v Union of India, (1982).

4. Soli Sorabji, The Governor: Sage or Saboteur, Roli Books (New

Delhi), 1985, p. 25.

5. For the meanings of these legal terms, see ‘Pardoning Power of

the President’ under Chapter 17.

6. M.P. Jain, Indian Constitutional Law, Wadhwa, Fourth Ed, p.

186.

7. Paragraph 9(2) of the Sixth Schedule says: ‘If any dispute

arises as to the share of such royalties to be made over to a

district council, it shall be referred to the governor for

determination and the amount determined by the governor in

his discretion shall be deemed to be the amount payable to the

district council and the decision of the governor shall be final’.

The Sixth Schedule contains the provisions as to the

administration of tribal areas in the States of Assam,

Meghalaya, Tripura and Mizoram.

31 Chief Minister

I

n the scheme of parliamentary system of government provided

by the Constitution, the governor is the nominal executive

authority (de jure executive) and the Chief Minister is the real

executive authority (de facto executive). In other words, the governor

is the head of the state while the Chief Minister is the head of the

government. Thus the position of the Chief Minister at the state level

is analogous to the position of prime minister at the Centre.

APPOINTMENT OF CHIEF MINISTER

The Constitution does not contain any specific procedure for the

selection and appointment of the Chief Minister. Article 164 only says

that the Chief Minister shall be appointed by the governor. However,

this does not imply that the governor is free to appoint any one as

the Chief Minister. In accordance with the conventions of the

parliamentary system of government, the governor has to appoint

the leader of the majority party in the state legislative assembly as

the Chief Minister. But, when no party has a clear majority in the

assembly, then the governor may exercise his personal discretion in

the selection and appointment of the Chief Minister. In such a

situation, the governor usually appoints the leader of the largest

party or coalition in the assembly as the Chief Minister and ask him

to seek a vote of confidence in the House within a month.1

The governor may have to exercise his individual judgement in

the selection and appointed of the Chief Minister when the Chief

Minister in office dies suddenly and there is no obvious successor.

However, on the death of a Chief Minister, the ruling party usually

elects a new leader and the governor has no choice but to appoint

him as Chief Minister.

The Constitution does not require that a person must prove his

majority in the legislative assembly before he is appointed as the

Chief Minister. The governor may first appoint him as the Chief

Minister and then ask him to prove his majority in the legislative

assembly within a reasonable period. This is what has been done in

a number of cases2 .

A person who is not a member of the state legislature can be

appointed as Chief Minister for six months, within which time, he

should be elected to the state legislature, failing which he ceases to

be the Chief Minister.3