Constitutional Design of State Administration (Part – 2)

21. Who appoints ministers of the Council of Ministers at the state level – Governor

• The Governor appoints ministers only in consultation with the Chief Minister.
• The minister holds office in the post of Governor’s Article Article 164 (1)

22. Correct statement

• The Minister is appointed by the Governor on the advice of the Chief Minister.
• The Governor administered the oath of office and secrecy before the Minister assumes office.
• There will be a Council of Ministers headed by the Chief Minister, who will assist and advise the Governor in his work and the Governor will act as per that advice.

23. About the Governor

• He has discretionary powers under certain circumstances.
• In case of a hung assembly, he can recommend President’s rule to the President.
• He can send the Bill of Legislature to the President for consideration.
• In the parliamentary system of governance, the Governor appoints the leader of the majority party in the state assembly as the Chief Minister.

24. Reserve by the Governor for consideration of the President.

• Bill affecting the rights of the High Court
• Compulsory Property and Money Bills
• Legislators who repeat inter-state trade restrictions

25. Under which provision, the Governor of a state constitutes the State Finance Commission to review the financial position of panchayats? – Under the Constitution of India Article 243 (1)

Constitutional Design of State Administration (Part – 1)

26. The Chief Minister remains the Chief Minister until he is confident – of the majority of the State Legislative Assembly

27. Some State Governments are also Cabinet Ministers and Additional Parliamentary Secretaries of State Ministers. These Parliamentary Secretaries, who are also members of the state legislature, are appointed – by the Chief Minister.

28. It is the duty of the Chief Minister of the state to make them aware of the decision of his cabinet – to the Governor

• The Chief Minister acts as a liaison between the Governor and the Council of Ministers. According to Article 167, it is the duty of the Chief Minister to give information about the administration and MLA of the state to the Governor.

29. Under which section of the constitution the Governor can send a bill for the approval of the President – under section 200

30. State Ministers are given salaries and allowances of ministers of councils – from the Consolidated Fund of the state

31. If an independent member joins a party – then his membership ceases

32. The State Cabinet is collectively responsible – towards the State Legislature

• Responsibilities of Council of Ministers
• Collective Responsibility – The Council of Ministers is collectively responsible to the State Legislative Assembly.
• Personal Responsibility – Under Article 164, the Minister is personally responsible to the Governor.

33. Who prepares the agenda for the conference of Chief Secretaries headed by the Cabinet Secretary – Central and State Governments

• The Chief Secretary is the main medium of contact and communication between his Government, Central Government and other State Governments.
• Chief Secretary is the formal means of government communication between the Secretary to the Government of India and the State Administration.

34. Who makes rules for the smooth functioning of the Secretariat of the State Government – Governor and Council of Ministers

35. According to the constitution, the Council of Ministers of State can remain with the consent of the Governor. ‘Consent of the Governor’ means the will – consent of the Legislative Assembly.

Functions of the chief executive

36. The Chief Secretary is referred to as the Residual Legatee. This means that – he handles matters not in the domain of other secretaries.

• The Chief Secretary is the Chief Coordinator of the State Administration, he is the top officer of the State Secretariat.
• The Chief Secretary has the same position in the State Administration as the Cabinet Secretary at the Central level.

37. Chief Secretary of a state is

• Cabinet Secretary
• Head of Public Service in the state
• Senior-most public servant in the state

38. The job of the Chief Secretary of the state government is –

• Providing secretarial assistance to the State Cabinet.
• To act as a policy coordination center.
• Acting as a repository of data

39. By whom is the officer selected for the post of Chief Secretary? – by the Chief Minister

• The post of Chief Secretary is generally a product of British heritage, this post originated in 1799 by Lord Vallejali.

40. Who presides over the annual conference of Chief Secretaries of all states? – Cabinet Secretary to the Government of India