Article 154 of the Indian Constitution: Executive Power of the State

12/20/20232 min read

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Introduction

The Indian Constitution is the supreme law of the land, providing the framework for the functioning of the government and the rights and responsibilities of its citizens. Article 154 of the Indian Constitution deals with the executive power of the State.

Understanding Article 154

Article 154 states that the executive power of the State shall be vested in the Governor. The Governor is appointed by the President of India and acts as the constitutional head of the State. The Governor represents the President and exercises the executive powers on behalf of the State.

The Governor is not elected by the people but is appointed by the President based on the advice of the Council of Ministers. The Governor holds office during the pleasure of the President and can be removed from office anytime.

Functions and Powers of the Governor

The Governor performs various functions and exercises several powers as outlined in the Constitution. Some of the important functions and powers of the Governor are:

1. Executive Functions

The Governor is the head of the State executive and exercises the executive powers of the State. The Governor appoints the Chief Minister and other members of the Council of Ministers. The Governor also appoints the Advocate General and other important officials of the State.

2. Legislative Functions

The Governor plays a crucial role in the legislative process. The Governor summons, prorogues, and dissolves the State Legislative Assembly. The Governor also addresses the Assembly at the beginning of each session and presents the government's policies and programs.

The Governor gives assent to bills passed by the State Legislature and can also withhold assent in certain cases. The Governor can also reserve bills for the consideration of the President, especially if they relate to matters specified in the Constitution.

3. Judicial Functions

The Governor exercises certain judicial functions as well. The Governor appoints judges of the State High Court and other subordinate courts. The Governor also has the power to grant pardons, reprieves, and remissions of punishment.

4. Emergency Powers

In times of emergency, the Governor has the power to take necessary actions to maintain law and order in the State. The Governor can impose President's Rule in case of failure of constitutional machinery in the State.

Relationship with the Council of Ministers

The Governor acts as the link between the State government and the President of India. The Council of Ministers aids and advises the Governor in the exercise of his/her functions. However, the Governor is not bound to act according to the advice of the Council of Ministers and can exercise his/her discretion in certain matters.

The Governor also plays a crucial role in the appointment and dismissal of the Council of Ministers. The Chief Minister and other members of the Council of Ministers hold office during the pleasure of the Governor.

Conclusion

Article 154 of the Indian Constitution establishes the executive power of the State in the Governor. The Governor acts as the constitutional head of the State and exercises various functions and powers. The Governor's role is crucial in maintaining the balance of power between the State government and the central government. Understanding the provisions of Article 154 is essential for comprehending the functioning of the executive branch of the State in India.