UPSC POLITY NOTES 2025


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Category: Politics


This channel is created with an aim to provide Short notes of Polity for UPSC CSE.
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TERM OF CM

#Chiefminister

◇ The term of the Chief Minister is not fixed and he holds office during the pleasure of the governor.

◇ However, this does not mean that the governor can dismiss him at any time.

◇ He cannot be dismissed by the governor as long as he enjoys the majority support in the legislative assembly.

◇ But, if he loses the confidence of the assembly, he must resign or the governor can dismiss him.

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OATH OF CHIEF MINISTER

#Chiefminister

◇ Before the Chief Minister enters his office, the governor administers
to him the oaths of office and secrecy.

◇ In his oath of office, the Chief
Minister swears:

• to bear true faith and allegiance to the Constitution of India,

• to uphold the sovereignty and integrity of India,

• to faithfully and conscientiously discharge the duties of his
office, and

• to do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill will.

◇ In his oath of secrecy, the Chief Minister swears that he will not directly or indirectly communicate or reveal to any person(s) any matter that is brought under his consideration or becomes known to him as a state minister except as may be required for the due discharge of his duties as such minister.

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FINANCIAL POWERS OF GOVERNOR

#Governor

The financial powers and functions of the governor are:

◇ He sees that the Annual Financial Statement (state budget) is laid before the state legislature.

◇ Money bills can be introduced in the state legislature only with his
prior recommendation.

◇ No demand for a grant can be made except on his recommendation.

◇ He can make advances out of the Contingency Fund of the state to meet any unforeseen expenditure.

◇ He constitutes a finance commission after every five years to reviewthe financial position of the panchayats and the municipalities.

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LEGISLATIVE POWERS OF GOVERNORS

#Governor

◇ He can summon or prorogue the state legislature and dissolve the state legislative assembly.

◇ He can address the state legislature at the commencement of the first session after each general election and the first session of each year.

◇ He can send messages to the house or houses of the state legislature, with respect to a bill pending in the legislature or otherwise.

◇ He can appoint any member of the State legislative assembly to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant. Similarly, he can appoint any member of the state legislature council to preside over its proceedings when the offices of both Chairman and Deputy Chairman fall vacant.


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EXECUTIVE POWERS OF GOVERNOR [PART 2]

#Governor

◇ He appoints the state election commissioner and determines his conditions of service and tenure of office. However, the state election commissioner can be removed only in like manner and on the like grounds as a judge of a high court.

◇ He appoints the chairman and members of the state public service commission. However, they can be removed only by the president and not by a governor.

◇ He can seek any information relating to the administration of the affairs of the state and proposals for legislation from the chief minister.

◇He can require the chief minister to submit for the 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 council.

◇ He can recommend the imposition of constitutional emergency in a state to the president.

◇He acts as the chancellor of universities in the state.

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The executive powers and functions of the Governor are:

◇ All executive actions of the government of a state are formally taken in his name.

◇ He can make rules specifying the manner in which the Orders and
other instruments made and executed in his name shall be authenticated.

◇ He can make rules for more convenient transaction of the business of a state government and for the allocation among the ministers of the said business.

◇ He appoints the chief minister and other ministers. They also hold office during his pleasure. There should be a Tribal Welfare minister in the states of Chattisgarh, Jharkhand, Madhya Pradesh and Odisha appointed by him. The state of Bihar was excluded from this provision by the 94th Amendment Act of 2006.

◇ He appoints the advocate general of a state and determines his remuneration. The advocate general holds office during the pleasure of the governor.

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TERM OF GOVERNOR’S OFFICE

#Governors

◇ A governor holds office for a term of five years from the date on which he enters upon his office.

◇ However, this term of five years is subject to the pleasure of the President. Further, he can resign at any time by addressing a resignation letter to the President.

◇ The Supreme Court held that the pleasure of the President is not justifiable. The governor has no security of tenure and no fixed term of office. He may be removed by the President at any time.

◇ The Constitution does not lay down any grounds upon which a governor may be removed by the President.

◇ Hence, the National Front Government headed by V.P. Singh (1989) asked all the governors to resign as they were appointed by the Congress government.


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OATH OF GOVERNOR

#Governor

Before entering upon his office, the governor has to make and subscribe to an oath or affirmation. In his oath, the governor swears:

to faithfully execute the office;

to preserve, protect and defend the Constitution and the law; and

to devote himself to the service and well-being of the people of the
state.


The oath of office to the governor is administered by the chief justice of
the concerned state high court and in his absence, the senior-most judge of that court available.

Every person discharging the functions of the governor also undertakes the similar oath or affirmation.

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