Ordinance Making Power of the Governor: (Article 213)

The law making power in state is vested in the state assembly. But there may be situations when state assembly is not in session and it is necessary to make laws for the state. In these circumstances Article 213 of the constitution provides that Governor of the state can promulgate ordinance. The following are the major provisions:

If at any time, when the legislative assembly of the state is not in session, or where there is a legislative council in the state, when both houses of legislature are not in session and the Governor satisfies that it is necessary to make law then he can promulgate ordinances.

The Veto Power of the Governor of State

When a bill is brought before the Governor of a State after its approval by the House of the Legislature, the Governor can-

• Agree with the will and it becomes a law.
• Withhold the bill.
• Withhold a bill and return with a message.
• Reserve a bill for the consideration by the President.

Comparison of Legislative Procedures between Bi-cameral State Legislature and the Parliament

• Related money bills, the position are the same.
• On other bills council can interpose a delay of 3 months period. In case of disagreement, the bill is second send to the legislative council and this time council has no power to withhold the bill for more than a month.

The Advocate General

• In India, an Advocate General is a legal adviser to a state government. The post is created by the Constitution of India and corresponds to that of Attorney General of India at the federal or central or union government level.

The Discretionary Functions of the Governor of State

Under special circumstance the Governor may act without the advice of the Council of Ministers. In other words, such powers of the Governor are exercised in his/her own discretion. They are:

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/her own, it is called the discretionary power of
the Governor. In case the Governor’s report is accepted by the President, and he/she
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.

State Legislature in India

The State Legislature can be: Unicameral i.e One House or Bicameral i.e Two House

Following States has Bicameral Status :
Seven Indian States, Andhra Pradesh, Telangana, Bihar, Jammu-Kashmir, Karnataka, Maharashtra and Uttar Pradesh, have bicameral Legislatures, these are called legislative councils (Vidhan Parishad)

Chief Minister and the State Council of Ministers

• The Chief Minister (CM) is the real executive head of the Government at the State level.
• The position of Chief Minister at the State level is analogous to the position of the Prime Minister at the Center.
• Chief Ministers are appointed by the Governor of the State. Other Ministers in the State Council are appointed by the Governor on the advice of the Chief Minister.

Powers and Functions of Governor of State

The Governor enjoys many different types of powers:

• Executive powers related to administration, appointments and removals,
• Legislative powers related to lawmaking and the state legislature, that is Vidhan Sabha or Vidhan Parishad,
• Discretionary powers to be carried out according to the discretion of the Governor.

The Governor and Lieutenant-Governor

• The Governors and Lieutenant-Governors of the states and territories of India have similar powers and functions at the state level as that of the President of India at Union level.
• Governors exist in the states while Lieutenant-Governors exist in union territories and in the National Capital Territory of Delhi.

Special Powers of Rajya Sabha

• According to Article 249, the Parliament will be able to make law in relation to a subject in the State List if the Rajya Sabha, with the support of at least two-thirds of its members present and voting, adopts a proposal to the effect that the Parliament, in national interest, should make law in relation to that subject in the State List.