Question map
Consider the following statements : 1. The Chief Secretary in a State is appointed by the Governor of that State. 2. The Chief Secretary in a State has a fixed tenure. Which of the statements given above . is/are correct?
Explanation
The correct answer is option D - Neither statement 1 nor 2 is correct.
Regarding Statement 1: The Chief Secretary of a state is chosen and appointed by the state's Chief Minister[1], not by the Governor. Therefore, statement 1 is incorrect.
Regarding Statement 2: No fixed tenure is imposed on the office but term can be extended[2]. This clearly indicates that the Chief Secretary does not have a fixed tenure. Therefore, statement 2 is also incorrect.
Since both statements are incorrect, option D (Neither 1 nor 2) is the correct answer. The Chief Secretary, being the administrative head of the state bureaucracy, serves at the pleasure of the state government and is typically appointed by the Chief Minister, with the tenure varying based on administrative decisions and extensions.
Sources- [2] https://en.wikipedia.org/wiki/Chief_secretary_(India)
PROVENANCE & STUDY PATTERN
Full viewThis question exposes the gap between 'Constitutional Text' (Laxmikanth) and 'Administrative Reality' (Governance). It traps students who equate 'Executive Action in Governor's name' with 'Appointed by Governor'. The key is distinguishing Constitutional posts from Civil Service postings.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
States have a secretariat 'headed by a secretary' that assists ministers and runs administration — this identifies the existence and importance of a senior secretarial post at state level.
A student could combine this with knowledge that senior administrative posts (like Chief Secretary) are typically part of the state secretariat to ask who formally appoints such senior civil servants.
The governor appoints the Chief Minister and appoints other ministers on the advice of the Chief Minister — showing the governor has formal appointment powers for key state executive offices, often exercised on ministerial advice.
One could extend this pattern to test whether similar formal appointment power applies to senior administrative posts (e.g., Chief Secretary) and whether such appointments follow executive advice (from CM/State government) rather than personal governor discretion.
Article 164 is cited: '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' — illustrating a constitutional rule about who appoints political executive heads at state level.
A student could compare this explicit constitutional rule for ministers with the constitutional/ statutory position of civil posts like Chief Secretary to see if analogous appointment rules exist or if civil service rules differ.
The Governor is an appointed rather than elected official (appointed by the President), and holds office at the President's pleasure — showing the governor's position is part of a hierarchical appointment structure.
One could use this to reason that many formal appointments at state level may be processed through the constitutional head (Governor) but often reflect the executive will of the elected government; check service rules for civil servants to see which route applies to Chief Secretary.
For High Court judges the President appoints after consultation with the Governor/Chief Justice — this gives an example of different offices using different appointing authorities and consultations.
Use this pattern to note that appointment authority varies by office (judicial vs political vs administrative); a student could therefore look for whether Chief Secretary falls under civil service appointment rules (state government/Union/PM/President) rather than the Governor directly.
- Explicitly states whether a fixed tenure exists for the office.
- Directly answers the question by saying no fixed tenure is imposed.
- Presents a (contradictory) statement asserting that the Chief Secretary has a fixed tenure.
- Shows that some sources/claims state a fixed tenure, providing conflicting evidence.
Describes that the Chief Minister (a political executive) does NOT have a fixed term and holds office at the pleasure of the Governor — shows one model where high offices lack fixed tenure.
A student can contrast this constitutional political-office model with the Chief Secretary’s status (senior civil servant) to ask whether civil servants follow the same pattern or different service rules.
Explains the Governor’s five‑year term is subject to 'pleasure' (i.e., removal) indicating that some offices have constitutional fixed terms while others do not.
Use this example to reason that if the Chief Secretary is not a constitutional office like the Governor, one should look for service rules/notifications (not the Constitution) to find any fixed term.
Shows that State statutory/administrative offices (State Chief Information Commissioner) can have terms prescribed by law/central government — an example of office tenure set by statute or rules.
A student can infer that to determine the Chief Secretary’s tenure one should check applicable statutes/state service rules or executive orders, since tenure can be set outside the Constitution.
Gives the concrete pattern that certain office‑holders have specified terms (e.g., 'shall hold office for such term as prescribed... or until age X'), illustrating how tenure is often defined in enabling provisions.
Encourages checking whether similar language or a service rule exists for the Chief Secretary (e.g., rules prescribing term or age of retirement) to test the statement.
Discusses security of tenure for UPSC members — another example where conditions of service and protection against adverse variation are explicitly provided.
Use this pattern to ask whether the Chief Secretary enjoys comparable statutory security (suggesting a search in service conduct rules or state IAS rules for fixed‑term language).
- [THE VERDICT]: Conceptual Trap. Standard books cover the Governor, but gloss over the Chief Secretary (CS). This requires 'Administrative Machinery' knowledge, not just Articles.
- [THE CONCEPTUAL TRIGGER]: The distinction between the 'Political Executive' (CM/Ministers) and the 'Permanent Executive' (CS/Secretaries).
- [THE HORIZONTAL EXPANSION]: Compare CS with: 1. Cabinet Secretary (Union equivalent, no fixed tenure). 2. DGP (Fixed 2-year tenure per Prakash Singh judgment). 3. Advocate General (Constitutional, pleasure of Governor). 4. State Election Commissioner (Constitutional, fixed tenure).
- [THE STRATEGIC METACOGNITION]: When studying any high office, classify it immediately: Constitutional, Statutory, or Purely Administrative? Only Constitutional/Statutory bodies typically have 'Fixed Tenure' protected by law. Administrative posts are usually 'at pleasure' or subject to transfer.
References explicitly state that the Governor appoints the Chief Minister and, on the Chief Minister's advice, the other ministers (Article 164).
High-yield for UPSC: questions often probe constitutional appointment powers and conventions. Mastering this helps answer items on executive formation, ministerial appointments, and the Governor's role. Study Article 164 text, conventions of parliamentary system, and practice application-based questions.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 31: Chief Minister > APPOINTMENT OF CHIEF MINISTER > p. 325
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 32: State Council of Ministers > APPOINTMENT OF MINISTERS > p. 331
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 32: State Council of Ministers > Article 164 Other Provisions as to Ministers > p. 329
Evidence describes the state secretariat as headed by a secretary and outlines its functions, highlighting the administrative (bureaucratic) side distinct from the political executive.
Useful to distinguish between political appointees and career bureaucracy (e.g., Chief Secretary). UPSC often tests administrative structure and lines of control; candidates should connect secretariat functions to appointment/working relationships. Revise administrative hierarchy and typical functions from core texts.
- Geography of India ,Majid Husain, (McGrawHill 9th ed.) > Chapter 15: Regional Development and Planning > 2. The Second-Level or State Level Planning > p. 55
References note the Governor is the State's executive head and is appointed by the President, framing the Governor's constitutional position vis-à-vis appointments.
Important for questions on centre-state relations, constitutional offices and appointment processes. Understanding the Governor's source of authority clarifies limits of appointment powers and conventions. Practice linked polity questions and constitutional provisions.
- Geography of India ,Majid Husain, (McGrawHill 9th ed.) > Chapter 15: Regional Development and Planning > 2. The Second-Level or State Level Planning > p. 55
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > 2. The Governor > p. 269
References describe the Chief Minister and Governor as holding office either 'during the pleasure' of the appointing authority or for a prescribed term, illustrating two contrasting tenure regimes.
High-yield for UPSC: many questions ask which posts have security of tenure, fixed terms, or are removable at pleasure. Understanding this distinction helps answer questions on constitutional posts, executive discretion, and judicial interpretation. Link this to questions on removal/tenure and practice by comparing specific offices and landmark rulings. Prepare by tabulating examples (which posts have fixed terms, which hold office at pleasure, statutory vs constitutional).
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 31: Chief Minister > OATH, TERM AND SALARY > p. 326
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > TERM OF GOVERNOR'S OFFICE > p. 315
References on State Information Commission show members had a fixed 5-year term (and amendments changing prescription), demonstrating that statutory bodies commonly have specified tenures.
Important for UPSC prelims and mains: statutory bodies (e.g., commissions, tribunals) often have explicit tenure provisions; questions test differences between statutory and executive/post-based tenures. Master by noting key statutory bodies and their tenure/age limits; this aids in elimination-based MCQ strategies and essay/GS answers on institutional design.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 63: State Information Commission > RTI AMENDMENT ACT, 2019 > p. 498
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 63: State Information Commission > TENURE AND SERVICE CONDITIONS > p. 496
References for UPSC and NHRC note security/term limits for members, contrasting with the governor example where tenure is vulnerable to 'pleasure' removal — highlighting variation in tenure protections across institutions.
Useful for questions on constitutional safeguards, independence of institutions, and administrative law. Recognizing which institutions enjoy security of tenure vs those that do not helps in questions about institutional autonomy, appointments, and reforms. Study by grouping constitutional bodies (with protected tenure) and executive offices (with variable tenure) and revising key examples.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 44: Union Public Service Commission > INDEPENDENCE > p. 424
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 57: National Human Rights Commission > COMPOSITION > p. 474
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > TERM OF GOVERNOR'S OFFICE > p. 315
The Chief Secretary is the 'Kingpin' of the State Secretariat and attends Cabinet meetings as a secretary, but is NOT a member of the Cabinet. Unlike the Cabinet Secretary (Union), the CS has executive powers over other departments.
The 'Watchdog vs. Servant' Heuristic: In India, 'Fixed Tenure' is a shield given to Watchdogs (CAG, EC) to protect independence. The Chief Secretary is an arm of the Executive (the CM's right hand). Giving them fixed tenure would undermine the CM's control. Thus, Statement 2 is logically improbable.
GS-2 (Governance): The lack of 'Fixed Tenure' for the Chief Secretary is a core argument in the 'Politicization of Bureaucracy' debate. Frequent transfers undermine administrative continuity.