“Executive power of State shall vest in the Governor, to be exercised by him directly or through subordinate officers, in accordance with the Constitution.”

“There shall be a Council of Ministers with the Chief Minister at the head, to aid and advise the Governor in the exercise of his functions, except where he is required by the Constitution to act in his discretion.”

📘 Topics Covered

• Governor
• Executive power of State
• Appointment of Governor
• Term of Office
• Qualifications for Governor
• Conditions of office
• Oath of office
• Pardoning power of Governor
• Council of Ministers
• Advocate General
• Conduct of Government business
• Duties of Chief Minister

Delhi Law Academy Jaipur presents below for aspirants of RJS, DJS, PCS(J) and other Judicial Services throughout India a simplified Note on the Constitutional provisions relating to the State Executive.

⚖️ Constitutional Provisions

Article 152

• This Part does not apply to Jammu & Kashmir.

Article 153 – Governor

• There shall be a Governor for each state.
• The same person can be appointed as Governor for two or more states.

Article 154 – Executive Power of State

• Executive power of State shall vest in the Governor.
• It is to be exercised by him directly or through subordinate officers in accordance with this Constitution.

Article 155 – Appointment of Governor

• Governor shall be appointed by the President.

Article 156 – Term of Office

• Governor holds office during the pleasure of President.
• Subject to this pleasure, Governor holds office for 5 years.
• He shall continue to hold office till his successor enters office.

Article 157 – Qualifications for Governor

• Should be a citizen of India.
• Should have completed 35 years of age.

Article 158 – Conditions of Office

• Governor shall not be a member of Parliament or State Legislature.
• If he is, his seat in the House shall be deemed vacated on his entering office.
• He shall not hold any other office of profit.
• He shall be entitled to rent-free official residence.
• His emoluments shall be determined by Parliament by law.

Article 159 – Oath of Office

• Governor to make oath in the presence of Chief Justice of High Court.
• Content: “to preserve, protect and defend the Constitution and the law.”

Article 161 – Pardoning Power of Governor

• Governor has the power to grant pardons, suspensions or commutations of sentences of any person convicted under any law on a matter within executive power of State.

Article 162 – Executive Power of State

• Executive power of a State extends to all matters in the State List and Concurrent List except those where such power has been expressly conferred upon the Union.

Article 163 – Council of Ministers

• There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except where he is required by the Constitution to act in his discretion.
• Whether in any matter the Governor is required to act in his discretion or not shall be decided by the Governor in his discretion, and his decision shall be final and cannot be challenged.
• Advice given by the Ministers to the Governor shall not be inquired into in any court.

Article 164 – Chief Minister and Other Ministers

• Chief Minister shall be appointed by the Governor; other ministers shall be appointed by the Governor on CM’s advice.
• Ministers hold office during the pleasure of the Governor.
• Number of ministers not to exceed 15% of members of Legislative Assembly and not less than 12.
• A member disqualified under the Tenth Schedule shall be disqualified to be appointed as a minister.
• Council of Ministers shall be collectively responsible to the Legislative Assembly.
• A minister ceases to be a minister if not a member of the Legislature for 6 consecutive months.

Article 165 – Advocate General

• Appointed by the Governor; must be qualified to be appointed a judge of the High Court.
• Gives advice to the Government on legal matters.
• Performs other duties of a legal character as assigned by the Governor.
• Holds office during the pleasure of the Governor.
• Remuneration determined by the Governor.

Article 166 – Conduct of Government Business

• All executive action of the state government is to be taken in the name of the Governor.
• Orders in the name of the Governor are to be authenticated as specified in rules made by the Governor.
• Governor to make rules for transaction of government business and allocation of work among ministers.

Article 167 – Duties of Chief Minister

• To communicate to the Governor all decisions of the Council of Ministers on administrative affairs and legislative proposals.
• To furnish information required by the Governor on the above matters.
• To submit a decision of a minister for consideration of the Council of Ministers if so required by the Governor.

📚 For more detailed notes on the Indian Constitution, visit
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