THE STATES-GENERAL.
ARTICAL:152-152
DEFINITION
In this Part, unless the context otherwise requires, the expression “State” does not include the State of Jammu and Kashmir.
THE STATES-THE EXECUTIVE.
ARTICAL:153-167
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.
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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 officers 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
(b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.
APPOINTMENT OF GOVERNOR
The Governor of a State shall be appointed by the President by warrant under his hand and seal.
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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.
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.
CONDITIONS OF GOCERNOR'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 to 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
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 that I will faithfully execute the solemnly affirm 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).”.
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.
POWER OF GOVERNOR TO GRANT PARDINS, RTC., 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.
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 to 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.
COUNIL 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 functions, 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.
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 Ministers shall hold office during the pleasure of the Governor:
Provided that in the States of Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha 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.
(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State:
Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve:
Provided further that where the total number of Ministers including the Chief Minister in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be, then the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date 4 as the President may by public notification appoint.
(1B) A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.
(2) The Council of Ministers 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 as specified in the Second Schedule.
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.
CONDUCT OF BUSINESS OF THE GOVERNMENT OF A STSTE
(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.
DUTIES OF CHIEF MINISTER AS RESPECTS THE FURNISHINGOF 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 decisions 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;
(c) if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
ARTICLE RELATED TO:
article 152,152 article, article 15 Indian polity, article 15 of Indian constitution, article 5-11 Indian constitution, article 15 of the Indian constitution, article 15 of Indian constitution in Hindi, Indian polity, article,important_article, state article, governor, Indian constitution,aguvastudy,indian_polical,indian_polical_mcq,indian_polity_mcq,indian_polity_for_ssc_cgl,indian_constitution,polity_for_ssc_cgl
FAQ
What is Article 152 of the Indian Constitution?
Article 152 of the Indian Constitution deals with the "Proclamation of President's Rule in States". It outlines the provisions and procedures for the President of India to issue a proclamation imposing the President's rule in a state in India when the constitutional machinery in that state breaks down. The main points included in Article 152 are as follows:
What are Articles 158 and 162 of the Constitution?
Article 158 – Terms of office of the Governor. Article 159 – Oath or affirmation by the Governor. Article 160 - Discharge of functions of the Governor in certain contingencies. Article 161 – Power of the Governor to grant pardons, etc., and to suspend, commute, or commute punishment in certain cases. Article 162 - Extension of executive power of the State.
What are the main points included in Article 152?
Here are the main points included in Article 152: Proclamation of President's Rule: Article 152 empowers the President to issue a proclamation if he is satisfied that the government of a state cannot be carried on by the provisions of the Constitution.
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