Constitutional Design of State Administration (Part – 4)

Constitutional Design of State Administration

61. The privilege of the State Legislature is stated

• It has the right to receive immediate information in connection with the conviction of the arrest and arrest of its member.
• The court cannot investigate the House or its committees.
• No person can be arrested and any legal process can be done in the premises of the House without the permission of the Presiding Officer.

62. The Governor of the State has no emergency powers to withstand the presentation arising out of an external attack.

63. According to Article 155 – The Governor will be appointed directly by the President The Constitution of India is federal.

• According to Article 163 – There will be a Council of Ministers in the States to assist and suggest the work of the Governor and the Chief Minister on top of it, but the Governor will not be obliged to take suggestions of the Council of Ministers in the discretionary work of the Governor.
• According to Article 167 – It is the duty of the Chief Minister to give information to the Governor etc.
• According to Article 169 – The composition or termination of the Legislative Councils in the state is possible in the resolution passed by the Assembly by majority and its acceptance by the Parliament.

64. Responsibilities of Council of Ministers

• Collective Responsibility – The Council of Ministers is collectively responsible to the State Legislative Assembly. This implies that the Council of Ministers will have joint responsibility to the Legislative Assembly for all activities.
• Personal Responsibility – Under Article 164, the Minister is personally responsible to the Governor.

65. Correct statement

• It is obligatory for the Chief Minister to consult the Governor of the State and the Union Home Minister for the appointment of the Chief Secretary of a State.
• The Cabinet Secretariat Department of a state functions under the overall control of the Chief Secretary of the state.

Constitutional Design of State Administration (Part – 3)

66. President’s rule can be proclaimed in the state.

• Constitutional mechanisms in the state fail.
• The governor of the state should fail in the execution of his constitutional functions.
• State administration should fail to govern according to the provisions of the Constitution.

67. Governor submits report to State Legislature

• State Finance Commission
• State Public Service Commission
• Controller and Accountant General related to accounts in the state

68. Chief Secretary in State Administration

• is a selection post.
• Is the senior most civil servant of the state.
• Advisor to Chief Minister.
• He is also the Secretary of the State Cabinet.

69. Match

• Article 153                    –                  Governor’s post
• Article 156                    –                  Governor’s term
• Article 154                    –                  Executive power of the Governor
• Article 155                    –                  Appointment of Governor

70. About Secretariat

• Consists of secretaries’ offices.
• Composed jointly by ministers and secretaries.
• Provides assistance in the formulation of various policies.

71. Matching

• Real Governance                 –                  Chief Minister
• Policy making                       –                  Secretariat
• Legislative Governance     –                  Governor
• Policy implementation       –                  Directorate

72. About the Governor

• The Governor may resign by writing his signature addressed to the President.
• He should have completed 35 years of age.
• According to Article 158 (3), the Governor shall be entitled to such achievements and privileges.
• According to Article 158 (3) (A), if a person is appointed as the Governor of two or more states, then by order of the President, the salary and allowances will be allocated in a fixed proportion between those states.
• This arrangement was done by the Seventh Constitution Amendment Act.
• No criminal case can be brought against him.

73. About Chief Secretary

• He has no position in the Central Government.
• The Secretary of the Regional Council is based on the turn.
• The Chief Secretary controls and supervises the entire State Secretariat efficiently.
• He handles all those tasks which are not delegated to anyone at the state level.

74. Officers of State Secretariat in descending order (top to bottom)

• Special Secretary – Joint Secretary – Deputy Secretary – Under Secretary – Assistant Secretary

75. Regarding the difference between the pardon rights received by the President and the Governor.

• The President can waive the death penalty but not the Governor.
• The President can waive the sentence given by the court martial but not the Governor.

Functions of the chief executive

76. Functions of both Chief Secretary and Cabinet Secretary.

• Both are the main coordinators of their respective administrations.
• Both are the chief advisors to their respective key executives.
• Both are Secretaries of their respective Cabinet.

77. The work done by the Chief Secretary at the state level is done by whom? – Cabinet Secretary and Personnel Secretary

78. Correct statement regarding the power of the Governor to reserve a bill for the consideration of the President.

• These powers are prescribed in Article 200.
• If the Bill affects the dignity of the High Court, then the exercise of this right is mandatory.
• It can be the discretion of the Governor.

79. In recommendation of Administrative Reforms Commission (1966-68) related to Secretariat

• Policy advisory committee should be formed in all departments.
• The number of departments in the state secretariat should not exceed 13.
• There should be two levels of discussion and decision below the ministers.

80. About Chief Secretary

• He serves as the Chief Public Relations Officer of the government.
• The post of Chief Secretary is generally a product of British heritage. This post originated in 1799 by Lordvelejali.
• The Chief Secretary of the State Administration has the same position as the Cabinet Secretary at the Central level.