NIOS Class 12 Political Science Chapter 13 The Executive In States

NIOS Class 12 Political Science Chapter 13 The Executive In States, Solutions to each chapter is provided in the list so that you can easily browse through different chapters NIOS Class 12 Political Science Chapter 13 The Executive In States and select need one. NIOS Class 12 Political Science Chapter 13 The Executive In States Question Answers Download PDF. NIOS Study Material of Class 12 Political Science Notes Paper 317.

NIOS Class 12 Political Science Chapter 13 The Executive In States

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Also, you can read the NIOS book online in these sections Solutions by Expert Teachers as per National Institute of Open Schooling (NIOS) Book guidelines. These solutions are part of NIOS All Subject Solutions. Here we have given NIOS Class 12 Political Science Chapter 13 The Executive In States, NIOS Senior Secondary Course Political Science Solutions for All Chapters, You can practice these here.

The Executive In States

Chapter: 13

POLITICAL SCIENCE

TEXT BOOK QUESTIONS AND THEIR ANSWERS

INTEXT QUESTIONS 13.1

Q. Choose the correct answer from the alternatives given below:

1. Who appoints the Governor of the State?

(a) The President.

(b) The Vice-President.

(c) The Prime Minister. 

(d) The Chief Justice of India. 

Ans. The President.

2.The Governor is appointed for a term of:

(a) Four years.

(b) Five years.

(c) Six years. 

(d) Seven years. 

Ans. Five years.

3. The Chief Minister, along with the State Council of Ministers, is collectively responsible to:

(a) The Legislative Assembly. 

(b) The Legislative Council. 

(c) The Governor of the State. 

(d) The President of India.

Ans. The Legislative Assembly.

4. An ordinance, in the State, is issued by:

(a) The Governor.

(b) The State Home Minister.

(c) The Chief Minister.

(d) The President of India.

Ans. The Governor.

5. The Governor can dissolve the State Legislative Assembly on the recommendation of:

(a) Home Minister of the State.

(b) Chief Justice of the High Court.

(c) The Council of Ministers headed by the Chief Minister.

(d) Advocate General of the State.

Ans. The Council of Ministers headed by the Chief Ministers.

INTEXT QUESTIONS 13.2

Q. 1. Answer the following Questions: 

(a) How is the Chief Minister appointed? ……………………………..

Ans. By the Governor,he appoints leader of the majority party, or combination of parties, in Legislative Assembly.

(b) Who selects the ministers for appointment in the State? ………………………………….

Ans. The Chief Minister.

Q. 2. Select the appropriate words the brackets and fill in the blanks:

(a) The Governor appoints the ministers on the advice of the ……………………………………….. (Prime Minister, Chief Minister, Vice-President) 

Ans. Chief Minister.

(b) The State Cabinet meetings are presided over by the …………………………….. (Governor, Speaker, Chief Minister) 

Ans. Chief Minister.

(c) The Council of Ministers is responsible to the …………………………….. (Governor, Chief Ministers, Legislative Assembly)

Ans. Legislative Assembly.

(d) The Chief Minister is:

(a) The nominal head of the State. 

(b) The real head of the State.

(c) The nominal head of the Government.

(d) The real head of the Government.

Ans. The real head of the government.

TERMINAL EXERCISES

Q. 1. How is Governor appointed?

Ans. I. The Appointment of the Governor: The Governor of a State is appointed by the President of India. There is no bar on reappointment of a Governor either in the same State or in different States. This shows that the Governor is not elected but is appointed.

II. Qualifications: In order to become a Governor a person must have the following qualifications:

1.He must be a citizen of India.

2.He should be at least of 35 years. and

3.He cannot hold any office of profit during his tenure.

III. Restrictions: However, if a person is a member of either House of the Parliament or the Legislature of any State or a member of the Council of Ministers at the national or the state level and is appointed as Governor, he ceases to be a member of the Legislature or the Council of Ministers.

IV. Tenure and Removal: The Governor is appointed for a term of five years but normally holds office during the pleasure of the President. He may resign before the expiry of the term or may be removed by the President earlier.

As a matter of fact while appointing or removing the Governor the President goes by the advice of the Prime Minister. He is entitled to a rent free residence which is called Raj Bhawan. His emoluments, allowances and privileges are specified by law. However, the emoluments and allowances of the Governor cannot be reduced during his tenure.

Q. 2. What powers are exercised by the Governor?

Or

Describe the powers and position of the Governor of a State.

Or

Describe the executive powers of the Governor of a State.

Ans. I. Executive Powers of the Governor:

(i) All the executive functions of the State are carried on in the name of the Governor.

(ii) He not only appoints the Chief Minister but on his advice appoints the members of the Council of Ministers.

(iii) According to a well-established convention he calls the leader of the majority party or an alliance of parties (if no single party in the Legislative Assembly gets majority) to form the Ministry.

(iv) On the advice of the Chief Minister he allocates portfolios among the ministers.

(a) He appoints the Advocate- General and Chairman and members of the State Public Service Commission.

(b) He has the power to appoint judges of the courts, other than the High Court.

(c) He, however,is consulted when the Judges of the State High Court are appointed by the President of India.

(d) While discharging all his functions as Head of the Executive in the state, the Governor, like the President, is aided and advised by the Council of Ministers headed by the Chief Minister.

II. Legislative Powers:

1. To summon and prorogue the State Legislative. He can dissolve the State Legislative Assembly on the recommendation of the Council of Ministers headed by the Chief Minister.

2. He can address and read messages to the state legislative.

3. He can nominate one member of the Anglo-Indian community to the State Legislative Assembly if he is satisfied that the said community is not adequately represented in the Assembly.

4. He nominates the one-sixth members of the total strength of the legislative council if it is existing in that state. These members have the special knowledge or practical experience in the field of Art, Literature, Science and Social Services.

5. The assent of the Governor is necessary for a bill to become a law. In this regard:

(i) He may give his assent.

(ii) He may with-hold the assent.

(iii) He may return the bill with his message if the state legislative passes the bill in original or in the modified form he has to give the assent to the bills.

(iv) He may reserve the bill for the consideration of the President.

6. The Governor has the powers to issue ordinance during the period when the state legislative is not in session.

III. Financial Powers:

1. No money bill can be introduced in State Legislative Assembly without the prior permission of the Governor.

2. The Annual Budget is introduced in the Assembly in the name of the Governor.

3. The Governor has the control over the State Contingency Fund.

IV. Power of Pardon: The Governor has the power to grant pardon to a person committed by the High Court. He may reduce or commute or postpone the sentence of a criminal.

V. Discretionary Powers: The Governor acts on the advice of the State Council of Ministers. But in some special circumstances, he may act even without the advice of ministers. These discretionary powers of the Governor mainly are:

1. The Governor may report to the President for imposition of the President’s Rule

2. A situation may arise when the Governor may reserve a bill for the consent of the President.

3. Certain discretionary powers are given to the Governor in case of Sikkim, Nagaland, Tribal areas of Assam, Meghalaya and Tripura to safeguard the tribal way of life of the people.

VI. Position of the Governor: When a Governor acts as the Constitutional head of the state he has only nominal powers. In this position he or she exercises all powers with the aid and advice of the State Council of Ministers, his powers are, if they are actually powers) limited to the right to be informed, to encourage and to warn. In such a case, he exercises his influence. To that extent, his office is like that of President of India, the office of honour.

Q. 3. Does the Governor have any discretionary powers? Mention his / her discretionary powers.

Ans. Discretionary Powers of the Governor: While exercising the executive, legislative, financial and judicial powers the Governor is aided and advised by the Council of Ministers headed by the Chief Minister These powers are enjoyed by him/her as the Head of State. There are a few more powers which he she possesses as the representative of the Central or Union Government. These powers are also called discretionary powers. It is under special circumstance, that the Governor may act without the advice of the Council of Ministers. In other words, such of the Governor are exercised in his/her (powers own discretion. They are:

1. A situation may arise when in the opinion of the Governor there is the breakdown of the constitutional machinery in the State. In such a case, the Governor may report the situation to the President for imposition of the President’s Rule in that State. As the Governor exercises this power on his own, it is called the discretionary power of the Governor.

2. In case the Governer’s report is accepted by the President, and he proclaims emergency under Article 356, the State Council of Ministers is removed, and the State Legislative Assembly is either dissolved or put under suspension. During such emergency the Governor rules on behalf of the President.

3. A situation may also arise when the Governor may reserve a bill for the consideration of the President. As the Governor does or can do this job on his own, it again is one of his discretionary power.

4. The discretionary power of the Governors were meant for extraordinary and emergency situations. However, in practice these have not only been used in such situations, but have been made use of relating to normal powers in controversial manner. This has led to creating tension between Union-State relations.

Q. 4. What is the position and role of the Governor?

Ans. 1. After looking at the list of powers enumerated, you must be feeling that the Governor of a State is a very powerful person. In a parliamentary system, as you know, the Council of Ministers is responsible to the legislature and therefore, the real powers are exercised by it and not the Governor. He, like the President, has to act according to the advice of the Council of Ministers, headed by the Chief Minister. Hence, the Governor ordinarily has to act as a Constitutional or ceremonial head.

2. However, under extraordinary situations, the Governor gets an opportunity to exercise his / her authority according to his / her discretion. Since the 1967 General Election of, when several States opted for Samyukta Vidhayak Dal (SVD) government, due to the discretionary power, the office of the Governor has become quite controversial.

3. The Governors have acted according to their whims and on certain occasions have tried to please the ruling party at the national Government level. According to the constitutional experts, the Governor’s role in three respects, i.e., recommending to the President for the proclamation of emergency; appointing a Chief Ministers in case no party gets a clear majority and deciding the fate of the Chief Minister in case of intra-party defections, has become very controversial.

4. The deterioration in the political standards and practices that has come about in the wake of multi-party ministries in many of the states, party rivalries, political defections and fragmentation of the political parties has been at the root of these controversies.

5. Suggestions and recommendations of the Administrative Reforms Commission as well as of Sarkaria Commission have remained only on paper, in spite of the fact that these recommendations would help in minimising partiality on the part of the functioning of the Governors.

Q. 5. How is the Council of Ministers formed in a State?

Ans. Formation of the Council of Ministers: 1. The Chief Minister is appointed by the Governor. The person who commands the majority support in the State Legislative Assembly (Vidhan Sabha) is appointed as the Chief Minister by the Governor.

2. The other Ministers are appointed by the Governor on the advice of the Chief Minister. The Ministers included in the Council of the Minister must belong to either House of the State Legislature.

3. A person who is not a member of the State Legislature may be appointed a minister,but he ceases to hold office if he is not elected to the State Legislature within six months of his appointment.

4. The portfolios to the members of the Council of Minister are allocated by the Governor on the advice of the Chief Minister.

Q. 6. Describe the functions of the Chief Minister.

Or

Describe the powers and position of the Chief Minister.

Or

Explain any five powers / functions of the Chief Minister.

Ans. Chief Minister is the head of the Council of Ministers of his State. The Chief Minister plays an important role in the administration of the State. We can discuss his functions as follows.:

1. Chief Minister is the real head of the State Government. Ministers are appointed by the Governor on the advice of the Chief Minister.

2. The Governor allocates portfolios to the Ministers on the advice of the Chief Minister.

3. Chief Minister presides over the Cabinet meetings. He coordinates the functioning of different ministries. He guides the functioning of the Cabinet.

4. Chief Minister plays a key role in framing the laws and policies of the State Government.

5. Bills are introduced by the Ministers in the State Legislature with his approval. He is the chief spokesman of the policies of his government both inside and outside the State Legislature.

6. The Constitution provides that the Chief Minister shall communicate to the Governor all the decisions of the Council of Ministers relating to the administration and the affairs of the State and proposals for legislation.

7. The Chief Minister furnishes such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for.

8. If the Governor so requires, the Chief Minister submits for 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 Cabinet of the State.

9. The Chief Minister is the sole link of communication between the Cabinet and the Governor. The Governor has the right to be informed by the Chief Minister about the decisions taken by the Council of Ministers.

Q. 7. Explain the relationship of the Governor with the Chief Minister.

Ans. Relationship of the Governor with the Chief Minister: 1. The Governor is the constitutional head of the State. All executive actions in the State are taken in his name.

2. The Governor appoints the Chief Minister and on the advice of the Chief Minister, he appoints other ministers.

3. The Governor is responsible for smooth running the State administration. It is his duty to see that the State administration is carried on in accordance with the provisions of the Constitution.

4. If he finds that the Constitutional machinery of the State has broken down or the administration cannot be carried on in accordance with the provisions of the Constitution, he may recommend to the Union Government to proclaim emergency in the State.

5. The Governor in his report can advise the President to impose President’s Rule in the State. If the President is satisfied, he will declare emergency under Article 356, popularly known as President’s Rule in the State.

6. After proclamation, the State comes under the control of the Centre and the Governor acts as the Centre’s agent. The Council of Ministers is dismissed and Assembly (Vidhan Sabha) is dissolved or suspended.

7. The Constitution provides that there shall be a Council of Ministers with the Chief Minister at its head to aid and advise the Governor in the exercise of his functions, except when he is required by the Constitution to act on his discretion.

8. When the Chief Minister enjoys the confidence of the majority in the State Legislature, then the Governor’s capacity to exercise his discretionary power is reduced. In such a situation the Chief Minister is the real head of the State administration and the Governor is the constitutional head. So we see that the Governor plays a dual role. As the Constitutional head of the State, he acts on the advice of the Council of Ministers and also serves as the agent of the Central Government.

9. The relationship between the Governor and the Chief Minister is influenced by the political and Constitutional conditions in the State. 10. In normal conditions, the Governor is the ceremonial head of the State but during the President’s Rule he becomes the agent of the Centre and assumes the control of the State administration.

11. Keeping the spirit of the Constitution in mind, the Governor may in a sense be the “eyes and ears” of the Central Government and as he is appointed, removed or transferred by the Centre he continues to be subservient to Centre as well as the party in power there.

12. It may be emphasised that the job of the Governor would not be merely that of an umpire to see that the game is played according to the letter and spirit of the Constitutional provisions.

OBJECTIVE TYPE QUESTIONS

Choose the correct answer:

Q. 1. How many States and Union Territories are there in Indian Union? 

(a) 28 States and 7 Union Territories. 

(b) 25 States and 5 Union Territories. 

(c) 22 States and 9 Union Territories. 

(d) 20 States and 7 Union Territories. 

Ans. (a) 28 States and 7 Union Territories. 

Q. 2. What is the minimum age required for the office of the Governor of the State? 

(a) At least 35 years. 

(b) At least 30 years. 

(c) A least 25 years. 

(d) At least 20 years. 

Ans. (a) At least 35 years.

Q. 3. The Governor is appointed by the: 

(a) Chief Minister. 

(b) Prime Minister. 

(c) President of India. 

(d) Home Minister of India. 

Ans. (c) President of India. 

Q. 4. The Governor is normally appointed for a term of:

(a) Two years. 

(b) Five years.

(c) Four years.

(d) Six years.

Ans. (b) Five years.