the State Governor and the State Cabinet. This aspect assumes new urgency after the Fourth General Elections when nearly every alternate State Government is a non-Congress Government. The second convention would eliminate the possibility of a Governor meddling with the internal politics of the State. These conventions have to be supplemented by the growth of additional conventions, namely, namely, strong should not be chosen for the Governorships lest they boost the morale of the party they favour. In this respect the choice of Sarvapalli Radhakrishnan as the president may serve as an example. A person who has lost at the polls should in no case be raised to Governorship. A person who has been considered unfit to represent a constituency should not be asked to represent a whole

partymen

in

State comprising a number of constituencies. Civil servants should also be barred from such appointments, except contingencies when President's rule is declared lest their attention is fixed on receiving favours of Government and they tend to have political leanings during their term of service. The top cadre of the civil servants is expected to be thoroughly non-political.

The status of a Governor is that of the

Head of the State? How can there be many states within one state. According to the concept of political science each state is a component of five elements viz, land, peo ple, organization, government and sovereigaty. The political divisions of India to which we have given the nomenclature of States are not States in the technical sense. Perhaps the status has

been

conferred on them to please their vanity. Even so, there is certainly no necessity to treat the Governors as Heads of States.

The Head of the State is the highest dignitary in the State. As such he enjoys certain powers and privileges. At present, we have 18 Heads of States including the President of the Indian Republic and seventeen Governors of States. This sounds ridiculous in the extreme. The powers and privileges attached to the seventeen Governors of States also need to be slashed to leave only one Head of the State of the Indian Republic. The employment of 11. Ibid., P. 163.

the term "Head of the State" in the case of Governors may also lead to other legal complications. Since a Head of the State is above the law, there will be seventeen ordinary mortals who would be above the law in addition to the Indian President.

The emoluments, allowances and privileges of the Governors have also come in for criticism. They are allowed two "royal" free furnished residences-one summer residence at a hill station and the other winter residence in the plains. He is also in enjoy

ment of other facilities like a Secretariat and a train of attendants. The Staff of the Governor comprises a Secretary, two Aidesde-Camp, two honorary Aides de Camp, one personal Secretary to the Governor, one Assistant Secretary and one Superintendent. 12 dent. 12 Even, Nehru has suggested the shedding of some of the pomp and show

which is associated with their office. He particularly insisted that traffic should not be stopped while a Governor passed through a particular route in the city. 13 The Role of Governor

Article 154 (1) of the constitution provides that "the executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with the constitution."14 For the exercise of this power the constitution prescribes that

"there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion".15 It is further provided that the advice tendered by the Ministers to the Governor shall not be questioned in a Court of law and that the decision of the Governor in his discretion shall be final 16 The President, however, may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency

12. Uttar Pradesh Official Directory, 1966, P. I. 13. Civic Affairs, Vol. 6, No. 2, 1958, P. 25. 14. The Constitution of India, 1 March 1963, p. 80. 15. Ibid., p. 83. 16. Ibid., p. 83.

open

not provided for in Chapter VI.7 The first such contingency would be the dismissal of the Ministry if the Governor has reasons to believe that the Ministry is engaged in activities which are likely to endanger national security or solidarity. When such a situation arises the Governor is likely to take instructions from the President and dismiss the Ministry even though the Ministry may enjoy the confidence of the majority of the legislature. 18 Such a situation actually arose in Kerala when the Communist Ministry under Chief Minister E. M. S. Namboodiripad had to be dismissed. The use of discretion by the Governor in such a situation would to discussion the whole concept of democratic government. The second contingency would arise when the Governor is empowered under Article 200 to reserve a Bill for the consideration of the President if in the opinion of the Governor the provisions of the Bill will 'so derogate from the powers of the High Court as to endanger the position which the court is by this constitution designed to fill.'19 The third contingency would arise when the Governor is to issue an ordinance. The power of the Governor to reserve a proposal of the State Cabinet to issue an ordinance for instructions from the President should naturally be one that he exercises in his discretion.20 Fourthly, the Governor is expected to exercise his discretion under instructions from the President when a Proclamation re: breakdown of constitutional machinery is to be announced.21 Other contingencies under which the Governor is expected to exercise his discretion are the selection of the Chief Minister and the dissolution of the State legislature. The Governor's discretion in the first place is limited if a political party is returned to the legislature with an absolute majority. In the remaining circumstances the Governor may use his discretion. In any case, the Governor in such circumstances listens to the advice of the Union Government. In respect of

dissolution of the State legislature the Governor sometimes listens to the advice of the retiring Ministry and sometimes not.22

A review of the Governor's powers clearly reveals that the Governor is to act on the advice of his Council of Ministers in respect of most of his executive functions23 but there are contingencies defined by the President where he is to act under instructions from the President. There is still some field in respect of which the Governor may use his discretion if he so pleases but even in these contingencies he prefers to seek the advice of the Union Government. This has led the Governors to regard their office as merely ceremonial. To counter-act this apathy on the part of the Governors Nehru suggested that they should take more active interest in the state affairs. Nehru is also believed to have requested the Chief Minis

ters to treat the Governors as elder statesmen and consult them on all State matters.24

Prime Minister Shastri also considered the

role of the State Governors vital. It is expected that the Union Government may soon frame rules to define the powers of the Governors which are left vague in the constitution.25 The role of the Governor is, however, not that of an active politician.26 Governments are also expected to be beyond criticism in the legislature. 27

Governor And Chief Minister

According to Article 164(1) "the Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office

22. Ibid. p. 472.

23. See also CAD, VIII, p. 467.

24. Civic Affairs, Vol. 6, No. 2, 1958, P. 25.

Secab, K. Santhanam, Transition in India 1964,
PP. 45-46.

25. The Hindustan Times, 27th November 1964. See also Editorial, "Making the Governors' Effective," Civic Affairs, Vol. 6, No. 5, (1953), p. I and pp. 66-68.

26. The Hindustan Times, 12 March 1966; See also The Hindustan Times, 5 October 1964.

27. The Hindustan Times, 20 January 1964. See also Governor of Rajasthan's conduct in The Hindustan Times, 24 March 1966.

during the pleasure of the Governor.28 The Governor is usually expected to ask the leader of the majority party in the legislature to form the government and he waits till the leader of the majority party is elected. So far in most of the States the majority party had belonged to the Indian National Congress and Congress Ministries have been installed in office. There are other instances also when opposition has been allowed to form the Government viz., in PEPSU, and Kerala. The Governor sounds the leaders

of different political parties regarding ministry-formation after the General Elections. In case he is satisfied that a stable ministry can be formed he has allowed them to be formed. Ministries in Kerala, Orissa, Bengal, Bihar Punjab and Haryana are cases in point.29 Even political parties with simple majorities enjoying the fsupport of independents have been allowed to take office.30 President's rule in Rajasthan has been proclaimed owing to the initiative of the Governor alone.31 Thus the most important function of the Governor is in respect of ministry formation.

Once the Ministry is formed the Governor is to act on the advice of his Chief Minister. He shall make rules for the more convenient transaction of business of the State Government and for the allocation of business among Ministers.32 The Chief Minister is expected to be the only link between the Governor and other Ministers. He shall communicate to the Governor all decisions of the Council of Ministers relating to State administration and proposals for legislation,

he can furnish to the Governor such information relating to State administration and proposals for legislation as he may call for, and he can if the Governor so desires, submit to the Council of Ministers any matter on which a decision has been taken by the Minister but which has not been considered

28. The Constitution of India, 1 March 1963, p. 83. 29. The Hindustan Times, 16 March 1967. 30. Ibid., 15 March 1967.

31. The Hindustan Times, 7 March 1967; See also The Hindustan Times, 9 March 1967; The Hindustan Times, 8 March 1967; The Hindustan Times, 6 March 1967; The Hindustan Times, 25 March 1967.

32. Ibid., p. 85

by the Council.33 Constitutionally, in all public business the Council of Ministers is expected to aid and advise the Governor. In practice, however, it is the Governor's role. Where the two differ, it is for the Governor to yield and not the Council. The cases of V. V. Giri, v. Sampurnanand in U. P., and N. V. Gadgil, v. Pratap Singh Kairon in the Punjab justify this position. The Chief Minister's position is exceptionally strong where he enjoys a strong legislature support. Council Of Ministers

The Council of Ministers works on the principle of collective responsibility to the Legislative Assembly of the State. 34 All members of the Council of Ministers rise and fall together. A minister has to go if he is out of step with the policies of the Government and more particularly with the Chief Minister. In Maharashtra, T. R. Naravane had to go from Morarji Desai Ministry because he favoured bilingual Bombay. Again, D. Z. Palaspagar, Prohibition Minister, was dismissed owing to domestic misfortunes.35 In U. P., in a conflict between Mrs. Sucheta Kripalani and Chaturbhuj Sharma, the latter had to resign.36 In Orissa, the 12 Minister who resigned en bloc as a protest against the Chief Minister has to withdraw their risignations.37 Political Party And The Council Ministers

The Kamaraj Plan provides evidence of party interference in the day to day working of Ministries in the States. Jawahar Lal nations of six Chief Ministers Except in two Nehru in his discretion accepted the resigcases of disputed leadership all the Chief

33. Ibid., p. 85

34. The Constitution of India, March 1963, p. 84-
35. See also K. Santhanam, Transition in India,
1964 PP. 47-49.

The Hindustan Times, 11 September 1564.
See also The Hindustan Times, 3 October; The
Hindustan Times 2 November 1964.

36. The Hindustan Times, 24 August 1965.

See also The Hindustan Times, 3 September 1965; The Hindustan Times, 4 September 1965; Civic Affairs, Vol. 8, No. 1 (1965), pp. 47-55. 37. Editorial "Firmness Pays". The Hindustan Times, Weekly 18 September 1966.

Ministers whose resignations were accepted enjoyed the unqualified confidence of the Congress Legislature Parties. To keep up appearances, however, their resignations have been submitted to the Governors of the respective States. This action has "no constitutional parallel. 38 The role of the party has been domineering in other ways also. In September 1963, the Congress President wrote to the leaders of the Congress Party in the States emphasizing the need to form smaller and compact Cabinets on a non-group basis.39 Three days later, a specific direction was given by the Central Congress Parliamentary Board to the newlyelected leaders of the Congress Legislature Parties in U. P., Madhya Pradesh to secure the co operation of principal dissident leaders in the formation of new, compact Cabinets. In M. P., however, the State Ministry was allowed to be constituted with out any dissident leader. 4° The Board further decided that there should be only twotier system of Ministers. Cabinet Ministers and Deputy Ministers. There should be no Ministers of State. The strength of the State Ministers should not exceed 20.41 The Central Congress Parliamentary Board refused to accept the request of Mrs. Kripalani in U.P. and K.B. Sahai in Bihar to have more than 20 Ministers in their Cabinets. 42 A few days later, however, the ceiling of 20 members was relaxed in favour of 21 in the case of Uttar Pradesh Ministry. Groupwise the break up was 14:7.43 The size of Sukhadia Ministry in Rajasthan was 18 (eight ministers including the Chief Minister and ten deputies).44 The AICC also wrote to the Chief Minister of Mysore to cut down the size of the Cabinet from 27 to 20.45 The Maharashtra Ministry was to comprise 25 members.46 The Nagaland Ministry consti

tuted eight Minister (seven ministers and one deputy minister. 47 Later the number was raised to 11.48 A Cabinet of six (including the Chief Minister) and one Deputy Minister were approved for the State of Punjab.49 After partition, the new Punjab Ministry has 11 Ministers and Haryana Ministry seven, 5° The strength of the G. M. Sadiq Ministry in Jammu & Kashmir with High Command approval was raised to seven. SI The new Orissa Ministry was 15 strong eight Ministers and seven Deputy Ministers.52

The Congress High Command thus not merely indicates the general principles of State Cabinets like their size and complexion but has actually approved the personnel and distribution of portfolios in the State Cabinets. This gives a lie to the contention that States are autonomous of Union control. This Union control is certainly not in conformity with the provisions of the constitution.

Emoluments, Allowances and Amenities of Ministers

There is a general criticism that Ministers are leading luxurious lives and they have replaced the former Indian Princes in pageantry. Their salaries differ from State to State and efforts are afort to increase them. The Goa, Daman and Diu Legislative Assembly voted increased salaries and allowances to the Ministers and others as with effect from 1 April 1964. The Bill raises the salary of Chief Minister from Rs. 750 to Rs. 1,000 that of his two Cabinet colleagues and the Speaker from Rs. 750 to Rs. 850 and that of Deputy Speaker from Rs. 400 to Rs. 500.55.

It was stated that the 12 Ministers and 10 Deputy Ministers of the Government of Rajasthan drew a total amount of Rs.

47. Ibid., 28 January 1964.

48. Ibid., 15 August 1966.

49. Ibid., 6 July 1964. See also The Hindustan Times, 30 June 1964; The Hindustan Times, 1 July 1964.

50. Ibid., 8 June 1965.

51. Ibid., 21 November 1966.

52. Ibid., :8 July 1964.

53. Ibid., 22 February 1965.

The Hindustan Times 14 Novebmer 1964.

These

1,30,475 as allowances in 1965. While the average works out at 5,930 per head, there are noticeable differences between the amounts credited to the individual ministers and their their deputies. amounts did not include the expenditure incurred by the State garages on vehicles requisitioned by the Ministers and their deputies during their tours. 54 In Madhya Pradesh, each of the 11 Ministers and 9 State Ministers is now entitled to get his or her official residence furnished at a cost of Rs. 20,000 and Rs. 16,000 respectively. Besides a free limit of Rs. 200 has been fixed for electricity and water for Ministers at their official residences. This limit is Rs. 400 for the Chief Minister. Each Minister will have four servants at his official residence plus facilities for medical attendance and treatment at par with IAS officers. The list of furniture includes: a

dozen beds, three carpets, one galicha, 32 chairs, one writing desk for women, one set of English dinner service, one set of pictures of national leaders, two sofa sets, 14 tables and 3 almirahs, 20 towels, four wash basins and four towel racks. The list includes one refrigerator, one radio set, one air cooler, three table lamps and one electric heater. Each Minister is provided Rs. 1,000 for replacement and repairs of

furniture.55 This is not an exhaustive list of emoluments, allowances and amenities in

tive and political spheres. However, the decisions of the committee of advisors were subject to approval of the Cabinet. The advisors were to attend meetings of the District Co-ordination and Development Committees as observers. They were to undertake tours. The headquarters of the committees were to be located at the resi dence of the chairman, and a PCS officer was attached to it as its secretary. The committee was subjected to severe criticisms8 and was wound up after a few months of its existence.59

Number Of Ministers And Departments

In U. P., there are 15 Cabinet Ministers, 5 Deputy Ministers and 6 Honorary Parliamentary Secretaries. The Chief Minister holds the portfolio of General Administration (excluding Cultural Affairs and Scientific Research), Industries (including village and small-scale industries, Marketing of Cane and Gur Development), Planning (excluding Community Development, Panchayati Raj and PRD), Information, Economics and Statics and Technical Education. Hukum Singh Visen holds the Portfolio of Revenue and the Departments of Revenue, Scarcity and Government Estate Officer. Girdhari Lal,

Irrigation including the departments of Irrigation and Power. Charan Singh has the portfolio of Local Self-Government and Forests including Local Self-Government,

our Ministers.

Advisors Body

and Improvement Trusts and Correspondence regarding Central Assistance), Forests and Prince of Wales Zoological Garden, Lucknow. Syed Ali Zaheer holds the portfolio of Justice including the departments of Judicial. Legislative and Muslim Waqfs. Har Govind Singh holds Home Portfolio including Home (excluding Jails), Civil Defence, Home Guards, and Jails. Muzaffar Hasan has Transport including Transport (including Tourism) and Political Pensions. Ram Murti holds the portfolio of Community Development including the departments of Community Development,

58. The Hindustan Times, 20 January 1963. See also The Hindustan Times Weekly, 26 January 1963. The Hindustan Times, 28 January 1963. 59. Ibid., 31 July 1963.