COI - Module - 4 - constitution of india mcn202

COI - Module - 4- constitution of india mcn202

1. CONSTITUTION OF INDIA
Module 4
(4.1)
◼◼THE STATE EXICUTIVE
◼◼THE GOVERNOR
◼◼THE COUNCIL OF MINISTERS
◼◼THE CHIEF MINISTER
◼◼ADVOCATE GENERAL
◼◼UNION TERRITORIES
Presented by
AMRUTHAUNNI. V
CE-20

3. ◼◼The Governor
◼◼The Chief Minister
◼◼The Council of Ministers
◼◼The Advocate General
Articles153to167under partVIof the constitution deal
with state executive.
The state executiveconsistsof....
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STATEEXECUTIVE

4. (1)GOVERNOR
Article 153says that there shall be a governor for each
state.
TheGovernors in India are the constitutionalheads.They
are heads of the 29 states.
Constituitional heads of the Union Territories are called
LieutenantGovernors.
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5. QualificationsofGovernor
Articles 157and Article 158 of the constitution of india specify
eligibility requirements for the post of governor. They are as follows;
◼◼He should be a citizen of India
◼◼He should have completed the age of 35 years
◼◼Not be a member of the either house of the Parliament or house
of the state legislature
◼◼Not hold any other office of profit
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6. The Governorof the states is appointed by the President
Theoathof office to the governor is administrated by the chief justice
of the state High Court and in his absence, the senior most judge
available.
Governor holds office for a term of 5 years. However this term of five
years is subject to the pleasure of the President. He may be removed by
the President at any time.
The Constitution does not lay down any ground upon which a
Governor may be removed.
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7. The Governor gives his resignation letter to the President.
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⬛️All exicutive actions of the government of a state are formally taken in
the name of Governor
He appoints the chief minister, and their ministers are also appointed by
the Governor but only on the advice of the chief minister.Also appoints
the Advocate General, State Election Commissioner, etc
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Money bills can be introduced in the state legislative assembly only with
the prior recommendation of the Governor.
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8. Governor can grant pardon the punishment of any person covicted of
any offence against any law relating to a matter to which the exicutive
power of the state extends.
The current Governer of Kerala State –Arif Mohammed Khan(since
2019)
Arif Mohammad Khan
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9. (2) COUNCILOFMINISTERS
Every state in india is governed by its council of ministers with
rules and procedure similiar to union council of minister per
Articles 163,164 and 167(c).
The procedure for the formation of the Council of Ministers at
the state level is the same as in the case of the Union of
Ministers. After each general election, the party or the group
which secures majority in the State Legislative Assembly elect its
leader. The Governor then summons him to form the ministry.
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10. The strength of the State Council of Ministers cannot be more than
15% of the strength of State Legislative Assembly.
Categories of Ministers in the state Council of Ministers
(a)Cabinet Ministers:
Cabinet Ministers are those ministers who
are given cabinet rank. They hold
independent charge of the important
departments, like finance, Local Bodies,
health, etc. They together determine the
policies of the state. The CM and the
cabinet ministers together constitute the
State Cabinet. It is the most powerful part
of the State Council Of Ministers.
(b)Ministers Of State :
They enjoy number two status in
the Ministry. They do not attend
the meeting of the Cabinet. They
help the Cabinet ministers and
are attached to them in their
departments. Currently, several
Parliamentary Secretaries are
appointed by the Chief Minister
from amongst his party MLAs.
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11. (3)THECHIEFMINISTER
The Chief Minister is the real executive authority in a state. The position of
the Chief Minister at the state level is analogous to the position of Prime
Minister at the centre.
The Chief Minister shall be appointed by the Governor(Article 164).
Governorappoints the leader of the largest majority party in the
Legislative Assembly as the Chief Minister.
Other ministers are also appointed by the Governor but only on the advice of
the Chief Minister.
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12. A person who is not a member of the state legislature can be appointed as
the Chief Minister but only forsixmonths,within which he should be a
member of State Legislature.
Eligibility
A Citizen of India
Should be a member of the state legislature of 25years of age or more
Powers &Functions of the Chief Minister
The Chief Minister has the power of forming a minister of his choice. The
Constitution gives him the freedom to selects his ministers. He is quite
free in the choice of his ministers.
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13. (3)Advocate General
The Advocate Generalis appointed by the Governor.
He must be a person who is qualified to be appointed as a judge of a high
court.
He holds office during the pleasure of the Governor.
He gives advice to theState Governmentupon such legal matters which are
referred to him by the Governor.
He has the right to speak and to take part in the proceedings of both the
Houses of the state legislature or any committee of the state legislature of
which he may be named a member, but without a right to vote.
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14. UNION TERRITORIES
Part I(Article 1-4)of the Indian Constitution deals with union and its territory.
Article 1 says that “India, that is Bharath, shall be a Union of states”.
Article (1-4)
1–Name and Territory of the union
2 –Admission or establishment of new states
3 –Formation of new states and alteration of areas, boundaries or names
of existing states
4(2)-No law passed under Article 2 and 3shall be deemed to be an
amendment of the Constitution for the purpose ofArticle 368.
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15. THANK YOU......