Executive
Chapter
II The Executive
Article
153 Governors of States
There shall be a Governor for each
State:
Provided that nothing in this article shall prevent the
appointment of the same person as Governor for two or more States.
Article
154 Executive power of State
(1) The executive power
of the State shall be vested in the Governor and shall be exercised
by him either directly or through offices subordinate to him in
accordance with this Constitution.
(2) Nothing in this article
shall -
(a) be deemed to transfer to the Governor any functions
conferred by any existing law on any other authority; or
(b)
prevent Parliament or the Legislature of the State from conferring by
law functions on any authority subordinate to the Governor.
Article
155 Appointment of Governor
The Governor of a State shall be
appointed by the President by warrant under his hand and seal.
Article
156 Term of office of Governor
(1) The Governor shall
hold office during the pleasure of the President.
(2) The
Governor may, by writing under his hand addressed to the President,
resign his office.
(3) Subject to the foregoing provisions of
this article, a Governor shall hold office for a term of five years
from the date on which he enters upon his office:
Provided that
a Governor shall, notwithstanding the expiration of his term,
continue to hold office until his successor enters upon his office.
Article
157 Qualifications for appointment as Governor
No person
shall be eligible for appointment as Governor unless he is a citizen
of India and has completed the age of thirty-five years.
Article
158 Conditions of Governor's office
(1) The Governor
shall not be a member of either House of Parliament or of a House of
the Legislature of any State specified in the First Schedule, and if
a member of either House of Parliament or of a House of the
Legislature of any such State be appointed Governor, he shall be
deemed to have vacated his seat in that House on the date on which he
enters upon his office as Governor.
(2) The Governor shall not
hold any other office of profit.
(3) The Governor shall be
entitled without payment of rent of the use of his official
residences and shall be also entitled to such emoluments, allowances
and privileges as may be determined by Parliament by law and, until
provision in that behalf is so made, such emoluments, allowances and
privileges as are specified in the Second Schedule.
(3A) Where
the same person is appointed as Governor of two
or more States,
the emoluments and allowances payable to the Governor shall be
allocated among the States in such proportion as the President may by
order determine.
(4) The emoluments and allowances of the
Governor shall not be diminished during his term of office.
Article
159 Oath or affirmation by the Governor
Every Governor and
every person discharging the functions of the Governor shall, before
entering upon his office, make and subscribe in the presence of the
Chief Justice of the High court exercising jurisdiction in relation
to the State, or, in his absence, the senior most Judge of that Court
available, an oath or affirmation in the following form, that is to
say - "I, A.B., do Swear in the name of God / solemnly affirm
that I will faithfully execute the office of Governor (or discharge
the functions of the Governor) of ...................... (name of the
State) and will to the best of my ability preserve, protect and
defend the Constitution and the law and that I will devote myself to
the service and well-being of the people of ....................
(name of the State)."
Article
160 Discharge of the functions of the Governor in certain
contingencies
The President may make such provision as he
thinks fit for the discharge of the functions of the Governor of a
State in any contingency not provided for in this Chapter.
Article
161 Power of Governor to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases
The Governor of a
State shall have the power to grant pardons, reprieves, respites or
remissions of punishment or to suspend, remit or commute the sentence
of any person convicted of any offence against any law relating to a
matter to which the executive power of the State extends.
Article
162 Extent of executive power of State
Subject to the
provisions of this Constitution, the executive power of a State shall
extend to the matters with respect to which the Legislature of the
State has power to make laws:
Provided that in any matter with
respect of which the Legislature of a State and Parliament have power
to make laws, the executive power of the State shall be subject to,
and limited by, the executive power expressly conferred by this
Constitution or by any law made by Parliament upon the Union or
authorities thereof.
Article
163 Council of Ministers to aid and advise Governor
(1)
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 function,
except in so far as he is by or under this Constitution required to
exercise his functions or any of them in his discretion.
(2) If
any question arises whether any matter is or is not a matter as
respects which the Governor is by or under this Constitution required
to act in his discretion, the decision of the Governor in his
discretion shall be final, and the validity of anything done by the
Governor shall not be called in question on the ground that he ought
or ought not to have acted in his discretion.
(3) The question
whether any, and if so what, advice was tendered by Ministers to the
Governor shall not be inquired into in any court.
Article
164 Other provisions as to Ministers
(1) 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, and the Minister shall hold office during the pleasure of
the Governor:
Provided that in the States of Bihar, Madhya
Pradesh and
Orissa, there shall be a Minister in charge of
tribal welfare who may in addition be in charge of the welfare of the
Scheduled Castes and backward classes or any other work.
(2) The
Council of Minister shall be collectively responsible to the
Legislative Assembly of the State.
(3) 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.
(4) A Minister who for any period of six
consecutive months is not a member of the Legislature of the State
shall at the expiration of that period cease to be a Minister.
(5)
The salaries and allowances of Ministers shall be such as the
Legislature of the State may from time to time by law determine and,
until the Legislature of the State so determines, shall be a
specified in the Second Schedule.
Article
165 Advocate-General for the State
(1) The Governor of
each State shall appoint a person who is qualified to be appointed a
Judge of a High Court to be Advocate-General for the State.
(2)
It shall be the duty of the Advocate-General to give advice to the
Government of the State upon such legal matters, and to perform such
other duties of a legal character, as may from time to time be
referred or assigned to him by the Governor, and to discharge the
functions conferred on him by or under this Constitution or any other
law for the time being in force.
(3) The Advocate-General shall
hold office during the pleasure of the Governor, and shall receive
such remuneration as the Governor may determine.
Article
166 Conduct of business of the Government of a State
(1)
All executive action of the Government of a State shall be expressed
to be taken in the name of the Governor.
(2) Orders and other
instruments made and executed in the name of the governor shall be
authenticated in such manner as may be specified in rules to be made
by the Governor, and the validity of an order or instrument which is
so authenticated shall not be called in question on the ground that
it is not an order or instrument made or executed by the
Governor.
(3) The Governor shall make rules for the more
convenient transaction of the business of the Government of the
State, and for the allocation among Ministers of the said business in
so far as it is not business with respect to which the Governor is by
or under this Constitution required to act in his discretion.
Article
167 Duties of Chief Minister as respects the furnishing of
information to Governor, etc.
It shall be the duty of the
Chief Minister of each State -
(a) to communicate to the
Governor of the State all decision of the Council of Ministers
relating to the administration of the affairs of the State and
proposals for legislation;
(b) to furnish such information
relating to the administration of the affairs of the State and
proposals for legislation as the Governor may call for; and
(c)
if the Governor so requires, to submit for the consideration of the
Council of Ministers any matter of which a decision has been taken by
a Minister but which has not been considered by the Council.
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