State executive
The executive at the state level has been modelled on the central pattern. It consists of the governor, the council of ministers and the chief minister.
The Governor
The governor is the nominal executive head of the state.
All the executive authority of the state is vested in him and is exercised by him either directly or through officers subordinate to him.
The governor is appointed by the President and holds office during his pleasure.
As a matter of convention, the President sounds the chief minister of the concerned state while appointing the governor.
Before entering upon his office, the governor is to take an oath or affirmation before the Chief Justice of the High Court of that state.
In case the Chief Justice of the High Court is not available, the oath is to be conducted by the senior most judge of the court available.
To be eligible for appointment as governor, a person
1. must be a citizen of lndia;
2. must have completed 35 years of age;
3. should not be a member of either House of Parliament or the state legislature;
4. must possess the qualifications prescribed for membership of the state legislature;
5. must not hold any office of profit.
Why An Appointed Governor instead of elected Governor?
Firstly, election would have been an expensive proposition.
Secondly, election would have been fought on personal issues.
Thirdly, an elected Governor would have considered himself superior to the Chief Minister.
This would have given rise to mutual bickering.
Fourthly, an appointed Governor could more effectively check separatist tendencies and provide stability.
Term and Salary
Term and Salary: The governor is appointed for a term of five years.
However, he can relinquish his office earlier by tendering his resignation to the President.
The President can also remove him from office before expiry of his term.
The term of the Governor gets automatically extended if his successor does not assume office on the expiry of his term.
The governor draws a monthly salary of Rs 1,10,000. In addition he is entitled to free residence, medical facilities, and certain other allowances.
The salary and allowances of the governor are charged to the Consolidated Fund of the state and are not subject to the vote of the state legislature.
Powers of Governor

Executive Powers
The Constitution vests quite extensive powers in the governor, though he is expected to exercise his powers on the advice of the council of ministers.
He also enjoys certain discretionary powers that he exercises on his own. He enjoys the following powers:
Executive Powers: The governor is the executive head of the state and all executive actions of the state are taken in his name.
He also appoints all important officials of the state including the chief minister, ministers, advocate general, chairman and members of the state public service commission and so forth.
The governor also reserves the right to recommend to the President that the government of the state is not being carried on in accordance with the provisions of the Constitution and Presidential rule be imposed in the state.
When the state is placed under President's rule, the governor acts as the representative of the President in the state and assumes extensive powers.
Legislative Powers
Legislative Powers: These powers include the right to
(a) summon or prorogue either house of the state legislature and dissolve the state legislative assembly;
(b) address the first session of the state legislature after the general elections;
(c) send messages to the state legislature on bills pending before it;
(d) appoint one-sixth members of the legislative council;
Legislative Powers
(e) nominates one member of the Anglo-Indian community to the legislative assembly if it does not get representation otherwise;
(f) give assent to the bills passed by the state legislature;
(g) reserve certain types of bills passed by the legislature for the assent of the President;
(h) make laws through ordinances during the recess of the state legislature.
Financial Powers
He ensures that the budget of the state is laid before the state legislature every year.
All money bills can be introduced in the state legislature only on the recommendation of the governor.
The governor administers the contingency fund of the state and can advance money out of it to meet unforeseen expenditure.
However, the money must be recouped with the authority of the state legislature.
Judicial Powers
The governor is consulted by the President while appointing the Chief Justice and judges of the state High Court.
He appoints judges of courts below the High Court.
He can grant pardon, reprieve, respite or remission of punishments to persons convicted of an offence against state laws.
Other Powers
(a) He receives the report of the state auditor general pertaining to the accounts of the state and places it before the state legislature.
(b) He places the report of the state public service commission along with the observations of the counci] of ministers before the state legislature.
(C) As chancellor of various universities within the jurisdiction of the state. he appoints vice-Chancellors of these universities.
Discretionary Powers
The governor also enjoys the following discretionary powers:
(a) He can appoint any member as chief minister if no political party has a clear cut majority in the assembly, or if the majority party has no acknowledged leader.
(b) He can seek information from the chief minister on legislative and administrative matters.
(c) He can refuse to sign an ordinary bill passed by the state legislature.
(d) He can dismiss a ministry if he is convinced that it has lost majority support.
Discretionary Powers
(e) He can reserve a bill passed by the state legislature for the assent of the President.
(f) He can recommend to the President the failure of constitutional machinery in the state.
(g) He can dissolve the legislative assembly if the chief minister advises him to do so following a vote of no confidence. It is for the governor to decide whether a particular matter falls within his discretion or not.
Position: Though the governor has been accorded a constitutional status like the President of India, his position differs from that of the President insofar as he is permitted by the Constitution to act without the advice of his council of ministers and can use his discretion in certain matters.
The Constitution specifically provides that if any question arises whether a particular matter is or is not one which the governor, as under the Constitution, can act in his discretion, the decision of the governor shall be final, and the validity of anything done by the governor shall not be called in question.
Sarakaria Commission suggestions
Sarakaria Commission suggested that while appointing the governor the centre must consult the chief minister of the state; that only persons of unquestionable integrity and honesty be appointed as governors;
Active politicians should not be appointed as governors as far as possible and removal of governors should be made difficult
So that the governors can act in an uninhibited and fair manner.
Comparison between Governor and President
1.Both the Governor and the President occupy constitutional position.
2. While the President is the Executive Head of the Indian Union, the Governor is a constitutional head of a single or more states.
3. All the executive decisions of the Union and state are taken in the name of President/Governor, but actually all the powers are exercised by the Prime Minister or the Chief Minister. All the bills passed by the Parliament or State Legislature must receive the ascent of President/ Governor before they become an Act.
5. The Governor can keep a bill passed by the state legislature for the approval of the President (Article 200). However, the President does not enjoy any such power.
6. In certain matter the Constitution permits the Governor to act without the advice of the Council of Ministers but no such power is vested in the President. The President can either give ascent to a bill referred to him or refer back the same for reconsideration to the Parliament.
Comparison between Governor and President
7. The President can grant pardon to a person awarded death sentence. The Governor does not enjoy any such power.
8. Both the President and the Governor can issue Ordinances during the recess of the Parliament/State Legislature.
9. The President can nominate two Anglo-lndian members to the Lok Sabha in case the community does not get adequate representation. Governor can, however, nominate only one member of the Anglo-Indian Community to the state legislature.
10. Both President and Governor enjoy important financial powers. Money bills can be introduced in the Parliament/State Legislature with the prior approval of the President/Governor.
11. The President can declare war or conclude peace. No such power is available to the Governor.
12 President can grant pardon to a person punished under martial law, but no such power is available to the governors.
State Executive
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