Parliamentary Government has been established in India sates. The head of the State is the State is the Governor. The administration of the state is run in the name of the Governor. In fact, he exercises his power on the advice of the Council of Ministers. The administration of the state is actually controlled and run by Council of Ministers. Besides the close relationship with the Governor, the Council of Ministers has also close relationship with the Legislature. The Council of Ministers exercises its function according to the wishes of the Legislature.
Council of Ministers and the Governor
The Council of Ministers has a close relationship with the Governor. According to the constitution there will be a Council of Ministers headed by the Chief Minister to aid and advise the Governor. The Governor appoints the Chief Minister and other ministers are also appointed by him on the recommendation of the Chief Minister. It is also written in the constitution that the ministers will remain in office during the pleasure of the Governor. It gives an impression that the Governor can appoint anybody as the Chief Minister and minister. The Governor is not bound by the advice of the Chief Minister and his Cabinet and the Cabinet is completely under his control.
The Governor is not free to appoint anybody as the Chief Minister and minister. The Governor appoints only that person as the Chief Minister who is the leader of the majority party in the Legislature. The other ministers are appointed by the Governor on the recommendation of the Chief Minister. It is the Chief Minister who distributes departments among the ministers and not Governor. The Chief Minister Guides and supervisor the work of different ministers.
The Governor cannot remove the Council of Ministers from the office. The Council of Ministers continues to remain in office even if the Governor is not happy with its work. The Council of Ministers can be removed from office only if the majority of the members of the Legislature go against it. The Governor makes all the important appointments on the advice of his Council of Ministers. He exercises his judicial powers on the advice of the Council of Ministers.
The Governor can also act independently in certain matters. The Governor acts in the state as the agent of the Central Government. It is his duty to see that the law and order of the Central Government is fully carried out in the state. When no party gains absolute majority in the State Legislative Assembly or the majority party fails to elect its leader, the Governor can appoint the Chief Minister of his own choice. If the Constitutional machinery fails in the state or there is a possibility of the failure of the state constitutional machinery, the Governor sends his report independently to the President. He does not consult the Council of Ministers under such circumstances. When the President proclaims emergency in the state the Governor acts in the capacity as the agent of the President and he is not bound to act on the advice of the Council of Ministers. During emergency the Council of Ministers is dissolved.
The Chief Minister is the Leader of the majority party in the Legislative Assembly. All other ministers are also taken from the Legislature. If any outsider is appointed as minister he must become the member of the Legislature within a period of six months of his appointments otherwise he will have to leave the office. The ministers participate in the meetings of the Legislature. They introduce Bills, participate in the debates and exercise their vote. Most of the Bills are introduced by the ministers and all these can be passed in the Legislature to which the Council of Ministers is opposed.
The meetings of the Legislature are summoned accordingly to the will of the Council of Ministers and the duration of the sessions can be increased or decreased according to the wishes of the ministry. The programme of the Legislature also planned by the Council of Ministers. The Council of Ministers remains in office during the pleasure of the Legislature. If the majority in the Legislative Assembly goes against the Council of Ministers, it is to resign office. But normally the Council of Ministers does not work under the control of the Legislature rather the Legislature remains under the control of cabinet. The Council of Ministers can seeks the dissolution of the Legislative assembly by advising the Government and fresh elections are held. Hence, the Legislature is always afraid of its dissolution and hence it always acts according to the wishes of the Council of Ministers.