UPPSC Mains 2022 Paper 2

Consider the functions and relations of the Chief Minister and the Governor of State.

Verified Answer

In India's parliamentary system at the state level, the Chief Minister (CM) and the Governor are two pivotal constitutional functionaries, each with distinct roles, yet intricately linked. Their relationship is crucial for the effective governance of a state, though it can often be a source of friction.

The Governor: The Governor is the constitutional head of the state, appointed by the President of India. They act as a representative of the Union government and the custodian of the Constitution in the state.

Functions of the Governor:

  1. Executive Powers:
    • Appoints the Chief Minister and, on the CM's advice, other ministers. Also appoints the Advocate General, State Election Commissioner, and Chairpersons/members of State Public Service Commission.
    • All executive actions of the state government are formally taken in their name.
    • Can seek any information relating to the administration of the state from the CM.
  2. Legislative Powers:
    • Summons, prorogues, and dissolves the state legislature.
    • Addresses the state legislature at the commencement of the first session after each general election and the first session of each year.
    • Assents to bills passed by the state legislature, or withholds assent, or reserves a bill for the consideration of the President.
    • Promulgates ordinances when the legislature is not in session, which have the force of law but must be approved by the legislature within six weeks of its reassembly.
  3. Financial Powers: Ensures that the annual financial statement (state budget) is laid before the state legislature. Money Bills can only be introduced in the assembly with their prior recommendation.
  4. Judicial Powers: Can grant pardons, reprieves, respites, and remissions of punishment or suspend, remit, or commute the sentence of any person convicted of any offense against any law relating to a matter to which the executive power of the state extends.
  5. Discretionary Powers: These are significant and often contentious. They include:
    • Appointing a CM when no party has a clear majority or when the CM dies suddenly.
    • Dismissing a ministry if it loses the confidence of the assembly.
    • Reserving a bill for the President's consideration.
    • Seeking information from the CM regarding administrative affairs.
    • Recommending President's Rule (Article 356).

The Chief Minister (CM): The CM is the real executive head of the state government, leader of the Council of Ministers, and usually the leader of the majority party in the state legislative assembly.

Functions of the Chief Minister:

  1. Head of Government: Exercises real executive authority, making key policy decisions.
  2. Leader of the Council of Ministers: Selects and allocates portfolios to ministers, presides over cabinet meetings, guides and coordinates the work of ministers, and can ask a minister to resign or recommend their dismissal to the Governor.
  3. Link between Governor and Council of Ministers: Communicates all decisions of the Council of Ministers relating to the administration of the state and proposals for legislation to the Governor. Furnishes information as required by the Governor.
  4. Leader of the House: Guides the legislative business in the assembly, maintains discipline, and is the chief spokesperson of the state government.
  5. Chief Advisor to the Governor: Advises the Governor on summoning and proroguing the sessions of the state legislature, and dissolution of the legislative assembly.

Relations between the CM and the Governor: Ideally, the relationship should be one of mutual respect and cooperation, with the Governor acting as a constitutional guide and the CM as the effective head of government. However, the relationship often becomes contentious due to:

  1. Governor's Discretionary Powers: The exercise of discretionary powers, especially in appointing/dismissing CMs, dissolving assemblies, or recommending President's Rule, often leads to friction, particularly when the Governor belongs to a different political party than the ruling state government.
  2. Reservation of Bills: The Governor's power to reserve bills for the President's consideration can be used to delay or block state legislation, leading to accusations of political interference.
  3. Seeking Information: While the Governor has the right to information, excessive demands can be perceived as interference in the day-to-day administration.
  4. Political Alignment: When the Governor is appointed by a Union government that is politically opposed to the state government, the relationship can become strained, with the Governor sometimes seen as an agent of the Centre rather than a neutral constitutional head.

In conclusion, while the Governor is the nominal head and the CM the real executive, their functions are intertwined. The effectiveness of state governance largely depends on a harmonious working relationship, respecting constitutional boundaries and political realities, though historical instances show this balance is often delicate and subject to political pressures.