• Part VI of Constitution of India deals with government of states.
• This contains articles 152 to 237 that deals with various provisions related to States. It covers the executive, legislature and judiciary wings of the states.
• Constitutional provisions concerning the Governor and the scope of these provisions shows that there are three main facets of Governor’s role.
(i) As the constitutional head of the State operating normally under a system of Parliamentary democracy.
(ii) As a vital link between the Union Government and the State Government.
(iii) As a representative of the Union Government in a specific areas during normal times.
• State Executive includes:
o The Governor
o Chief Minister
o Council of Ministers
o Advocate General of State.
• No office of Vice-governor
• Governor plays a dual role
o Nominal Executive head (Constitutional Head)
o Agent of the Central Government
• 7th Constitutional Amendment Act of 1956: Allowed appointment of same person as governor for two or more states.
Appointment of the Governor:
• Appointed by President by warrant under his hand and seal.
• No election for governor: Canadian Model, followed by India.
• Conditions required for appointment:
o Citizen of India
o Atleast 35 years age
• Conditions for Governor’s office
■ Should not be member of Parliament/Legislative assembly. If he /she is member then deemed to vacate the seat in the house
■ Should not hold any office of profit.
o Anytime, based on pleasure of President. (Non-Justiciable)
• There cannot be any interregnum (Governor can hold office beyond 5 years until his successor assumes charge).
• When governor is absent, Chief Justice of the High Court of that state can act as temporary governor.
Powers & Functions of Governor:
Can be placed under 4 categories: Executive, Legislative, Financial & Judicial powers.
Executive Powers & Functions:
1. All executive actions of a state are taken under his name.
2. Can make rules how official orders will be made & executed in his name
3. Appoints CM & other ministers.
4. Appoints Advocate General of state
5. Appoints State Election Commissioner
6. Appoints Chairman & Members of RPSC.
7. Acts as Chancellor of Universities in state & appoints Vice-Chancellor of universities.
8. Can seek info from CM relating to bills
9. Can recommend imposition of emergency.
Legislative Powers & Functions:
• Summon or prorogue state legislature and dissolve the state assembly.
• Addresses the State legislature at first session after election & first session each year.
• Can send messages to State legislature.
• Can appoint any member of legislative assembly to preside over proceedings when offices of both speaker & deputy speaker fall vacant.
• Can nominate one member to state legislature from Anglo-Indian Community.
• Decides on question of disqualification of members of state legislature in consultation with Election Commission.
• Can promulgate ordinances when state legislature is not in session.
• Lays the report of State Finance Commission, RPSC, and Comptroller and Auditor General report related to accounts of state before the state legislature.
• Can reserve bill for consideration of President.
Financial Powers & Functions:
• Under Art. 202, the Governor is required to be laid before the House or Houses of the legislature the Budget or the Annual Financial Statement.
• A money bill cannot be introduced without the recommendation of the Governor.
• A Demand for Grant cannot be moved without the recommendation of the Governor.
• Can make advances out of Contingency fund of State
• Constitutes State Finance Commission every five years.
Judicial Powers & Functions:
• Article 161 confers on the Governor the power to grant pardon, respite or remission of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to matters to which the executive power of the state extends.
o The Governor cannot grant pardon in case of death sentence. He can only commute the punishment.
o The Governor has no power in relation to Court Martial.
• Consulted by President while appointing Judges of State High Court.
• Appoints persons to State Judicial Service (Other than district judges) in consultation with State high court and RPSC.
Governors of Rajasthan
Maharaj Man Singh II (Rajpramukh) 30-Mar-1949 to 31-Oct-1956
Gummukh Nihal Singh 01-Nov-1956 to 16-Apr-1962
Kalraj Mishra 09-Sept-2019 – present
• In the Parliamentary system of Government provided by Constitution of India, the Governor is the nominal executive authority while the Chief Minister is the real executive authority.
• In other words, Governor is the head of state while Chief Minister is the head of Government. Thus, Chief Minister’s position in state is analogous to the prime minister’s position at the centre.
Appointment of Chief Minister
• Article 164 of Constitution states that Chief Minister shall be appointed by the Governor and in accordance with conventions of parliamentary system, the Governor appoints the leader of the largest party of the house or leader chosen by the largest coalition to become the chief minister.
• The Governor may exercise situational discretioan if no party has clear majority. He may ask a leader to become chief minister and then prove his majority on floor of the house.
• On death of a Chief Minister, the ruling party elects a new leader and Governor has no choice but to appoint the new leader as Chief Minister.
• A person who is not member of State Legislature can be appointed as Chief Minister for 6 months, within this, he /she should be elected to the state legislature.
Terms of Office & Salary of Chief Minister:
• The term of Chief Minister is not fixed and he holds the office during the pleasure of Governor. But the Governor can’t dismiss him till he has a majority in the house.
• The Salary and allowances of Chief Minister are determined by State Legislature.
Powers & Functions of Chief Minister:
In relation to Council of Ministers:
• Recommends people to be appointed as ministers to the Governor.
• Allocates and reshuffles portfolio of ministers.
• Can ask the minister to resign or tell the governor to dismiss him.
• Supervises activities of all ministers.
• Presides over meetings of Council of Ministers and influences the decisions.
• Can collapse the government by resigning from office.
In relation to Governor
• Principal channel of communication between Governor & Council of Ministers
• Communicates to Governor all decisions of Council of Ministers
• Furnishes information related to any decision of Council of Ministers called by Governor
• Furnished to Council of Minister any decision that Governor requires consideration.
• Advises Governor for appointment of persons on important posts like Chairman & Members RPSC, election commission etc.
In relation to State Legislature
• Advises Governor for summoning or proroguing of session of state legislature.
• Can recommend dissolution of Legislative Assembly to the Governor at any time.
• Announces Government policies on floor of the house.
• Chairman – State planning Board
• Chairman – Chief Minister’s Economic Transformation Advisory Council
Council of Ministers
• As per the Parliamentary system of government in the state, on Union pattern, the Council of Ministers headed by the Chief Minister is the real executive authority in the state.
• Article 163 deals with the status of council of ministers and article 164 deals with the appointment, tenure, responsibility, qualification, oath, salaries and allowances of the ministers.
Appointment of Council of Ministers:
• The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister.
Term of Council of Ministers:
• The council of the Ministers holds the office during the pleasure of the Governor, but actually holds the office as long as it enjoys majority in state legislative assembly.
• A Minister who for any period of six consecutive months is not a member of the Legislature of the State, at the expiration of that period ceases to be a Minister.
• Disqualification under 10th Schedule: A person who is disqualified for being a member of Legislature under Tenth Schedule shall also be disqualified to be appointed as a Minister; he will have to seek a fresh election in order to become a minister again.
Strength of Council of Ministers:
• The total number of Ministers, including the Chief Minister, in the Council of Minister in a State shall not exceed 15% per cent of the total number of members of the Tegislative Assembly of that State.
• It also says that the number of Ministers, including the Chief Minister in a State shall not be less than 12.
• Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
Salaries and allowances:
• The salaries and allowances of Ministers shall be determined by the Tegislature of the State.
Responsibility of Ministers:
• Collective responsibility: Article 164 states that Council of ministers is collectively responsible to the legislative assembly of the state.
• Individual responsibility: Article 164 also contains the principle of individual responsibility. The ministers hold office during the pleasure of the Governor. The chief minister can ask him/her to resign or advice governor to dismiss him.
• No Legal responsibility: There is no provision for legal responsibility of minister in the state. Hence, an order of Governor does not need counter sign of minister. Additionally, the courts are barred from enquiring into nature of advice given by ministers to the Governor.
Category of Ministers:
There are three categories of ministers in the council:
• Cabinet Ministers: They attend cabinet meetings and play important role in state government.
• Minister of state: They can be independent in charge of department that aren’t attached to cabinet ministries or in charge of specific department part of a ministry / specific work in a ministry which is headed by a cabinet minister.
• Deputy Minister: They are attached to cabinet ministers or ministers of state and assist them in their work.
Cabinet is the smaller body of the council of ministers. It consists of most important ministers in State Council of Ministers. It is the most powerful authority in State administration. All the important decisions of the State administration are taken by the Cabinet. The decisions of the Cabinet are binding upon the Council of Ministers.
The cabinet works through various committees called as cabinet committees. They are of two types:
• Standing Cabinet Committees – Permanent
• Ad-Hoc Cabinet Committees – Temporary
Cabinet has the power to review the decisions of these committees.
• The State Secretariat is the principal executive instrument of the State government and is responsible for administering the State Subjects.
• Each Secretariat Department has a civil servant as its head, who assists the Minister concerned in execution of policies.
• The chief secretary is the head of these permanent executives and is referred to as executive head of Secretariat.
Powers and functions of Chief Secretary:
• Principal advisor to the Chief Minister on all the matters of the State administration.
• Secretary to the State Council of Ministers.
• Administrative head of the State Secretariat and attends the meeting of the Cabinet and its sub-committees, if necessary.
• Prepares the agenda for the Cabinet meetings and keeps records of its proceedings.
• Acts as the head of the State Civil Services. In this capacity, deals with all the cases related to appointment, transfers, promotion of senior State Civil Servants. Conscience-keeper to all the State Civil Servants.
• Chief coordinator of the State administration and ensures inter-departmental co-ordination.
• The Chairman of co-ordination committees set up for inter-departmental disputes. Presides over the meetings of the departments’ Secretaries.
• Presides over the conferences attended by the Divisional Commissioners, the District Collectors and the heads of the departments of district administrations to effect coordination.
• Acts as the administrative head of some secretariat departments.
• First Chief Secretary of Rajasthan: Sh. K. Radhakrishnan
• The Council of Ministers being a body of political leaders cannot be expected to perform the detailed administrative functions themselves.
• They need advice of professional administrators in performance of these functions.
• This advice is provided by a body of officers known as the Secretariat.
• The expression “Secretariat” is used to refer to the complex of departments whose political heads are ministers while the administrative heads are Secretaries to the Government.
• The entire administrative machinery of the state is divided into several departments.
• The ministers are in-charge of these departments and are answerable to the legislature for the activities.
• Below the ministers are posted in each department several career civil servants who carry out the orders of their respective ministers, advise them and help them by providing necessary information required for facing the legislature and its committees.
Relation between Secretariat & Directorate:
The three components of government at the state level are:
• (i) the minister
• (ii) the secretary and
• (iii) the executive head (He is called the director in most cases)
• The minister and the secretary together constitute the Secretariat, whereas the office of the executive head is designated as the Directorate.
• The Agriculture Department in the secretariat, for instance is headed by the Secretary Agriculture, but has the Director of Agriculture as its head of the department (Directorate).
Organisation of State Secretariat
• The entire administrative machinery of the state is divided into several departments.
• The Secretary is overall in-charge of the department.
• He is the principal advisor to the minister and responsible for carrying out the policies and decisions made by political chief.
• Each secretary is normally in charge of more than one department.
Role of State Secretariat:
• The State Secretariat, as the top layer of the state administration, is primarily meant to assist the state government in policy making and in discharging its legislative functions.
• It also acts “as a memory and a clearing house, preparatory to certain types of decisions and as a general supervisor of executive action”.
Functions of State Secretariat :
• Assisting the ministers in policy making, in modifying policies from time to time and in discharging their legislative responsibilities
• Framing draft legislation, and rules and regulations
• Coordinating policies and programmes, supervising and controlling their execution, and reviewing of the results
• Budgeting and control of expenditure
• Maintaining contact with the Government of India and other state governments;
• Overseeing the smooth and efficient running of the administrative machinery and-initiating measures to develop greater personnel and organisational competence.
• The Secretariat is concerned with setting the broader policies and goals of the State Government while the responsibility for achieving these policies and executing the orders rests with heads of executive departments.
• These executive agencies, as a rule, are located outside the Secretariat and constitute distinct organisational entities referred to as Directorates.
Definition of Directorates:
• Directorates are the executive arm of the state government; they translate into action the policies that are framed by the State Secretariat.
• Directorates are classified into two categories – Attached Offices and Subordinate Offices.
Organisation of Directorates
• Heads of departments are officers who are charge of the actual administration of specific services or administration and execution of projects.
• The Heads of the Departments are usually called Directors or Commissioners.
• The State Government exercises control over the working of heads of departments through “administrative departments” of the secretariat. The Secretaries are the “ears and eyes” of the Ministers, while the Heads of Departments are their “Hands”.
• The head of the department is generally a specialist and a secretary is a generalist civil servant.
• The directors or Commissioners are assisted by Additional Directors, Joint directors, Deputy Directors and Assistant Directors.
Functions of the directorates
• Formulation of Departmental budget
• Acting as technical adviser to the Minister
• Inspection of the execution of work of departmental district staff
• Allocation of grants according to rules, making budget re-appropriation within prescribed limits
• Making within approved rules all appointments, confirmations, postings transfers, promotions of all subordinate officers including also sanctioning of leave and making acting arrangements
• Exercising disciplinary powers over all subordinate officers according to rules
• Advising Public Service Commission concerning promotions and disciplinary actions
• Sanctioning the attendance of officers at conference other than inter-state or India conferences.
• The state of Rajasthan has been divided into 33 districts. However, from administration point of view, there is a multi-layer structure of administration.
• The State of Rajasthan is divided into 7 divisions; these divisions include within them group of districts. Each of the districts is divided into Sub-division consisting of Tehsils, sub-tehsils and villages.
Divisions in Rajasthan
• Ajmer Division: Includes 4 districts Ajmer, Bhilwara, Nagaur, Tonk.
• Bharatpur Division: Includes 4 districts Bharatpur, Dholpur, Karauli, Sawai Madhopur.
• Bikaner Division: Includes 4 districts Bikaner, Churu, Sri Ganganagar, Hanumangarh
• Jaipur Division: Includes 5 districts Alwar, Dausa, Jaipur, Jhunjhunun, Sikar.
• Jodhpur Division (Largest by Area): Includes 6 districts. Barmer, Jaisalmer, Jalore, Jodhpur, Pali, Sirohi.
• Kota Division: Includes 4 districts. Baran, Bundi, Jhalawar, Kota.
• Udaipur Division: Includes 6 districts. Banswara, Chittorgarh, Dungarpur, Rajsamand, Pratapgarh, Udaipur.
• The main officer in-charge of governance, administration and inter-departmental coordination is Divisional Commissioner.
• He is also responsible for monitoring all schemes for all round development of the division.
• Below the divisions functions the most important unit of administration i.e. districts.
• The main officer in-charge of district administration is District Collector.
• The sub-divisional administration functions between district and tehsil level.
• There are 244 Sub-divisions in Rajasthan.
• Sub-Divisional Officer is responsible for administration. Tike Collector, he also responsible for revenue functions and general administration.
• SDO reports to the district collector.
• Administratively, tehsil is the smallest unit but very significant unit.
• Tehsil is the basic unit for purposes of general administration, treasury, land revenue, land records and other items of work
• There are 287 tehsils in Rajasthan
• In some big-tehsils, there are also sub-tehsils. Tehsildar is the officer in-charge of Tehsil whereas Naib-tehsildar is the officer in-charge of sub-tehsil.