Introduction 

According to the Constitution of India, 1950, the administration of a state is the responsibility of the state executive. The purpose of the state executive is to enforce the laws passed by the legislature and oversee the state’s governance. The state executive includes the Governor, Chief Minister, Council of Ministers, and Advocate General. The Central and the State Governments follow an identical executive structure. The state executive has to work in consonance with the Union Government at all times. The Governor ensures this cooperation between the Center and State by acting as a link between the two. An introduction of the state executive involves understanding the Governor’s position, role, and powers.

Discussion

Governor

Constitution of India, 1950, under Article 153, states that every state in India must have a Governor. The Governor is the nominal head of the state and exercises the executive power of that state. He may use this power directly or delegate it to other state officers. 

The President of India appoints the Governor. The Governor’s role, powers, and functions are identical to that of the President of India. The only difference is that the powers of the Governor are applicable at the state level. However, it must be noted that the Governor is only the nominal head of the state. The real power is exercised by the Chief Minister of the state and the Council of Ministers. 

Role and Powers of Governor

Under the executive structure of India, the role of the Governor of a state is similar to the President. The difference between the Governor and President is that while the powers of the President are applicable throughout the country, the powers of the Governor apply only to a particular state. Furthermore, unlike the President, the Governor does not have diplomatic, military or emergency powers. 

Thus, in the introduction of the state executive, we will understand the powers of the Governor which are as follows:

Executive Powers

The Governor of a state has been given executive powers under Article 154(1) of the Constitution of India, 1950. As mentioned earlier, the Governor has the right to exercise these powers on his own or through state officers who are under his authority. 

The Governor sits at the helm of the state government. He has control over the subject matters in the State List under the Seventh Schedule of the Constitution. He further takes critical decisions on the policies of the state and the portfolios of ministers.

The Governor has the power to make important appointments of the state such as:

• Chief Minister and Council of Ministers
• Chairman and Members of State Public Service Commission
• State Election Commissioner
• Advocate General
• Chief Justice of the High Court and District judges
• Vice-Chancellors of Universities

However, the Governor must make these decisions according to the recommendations of the Chief Minister and the Council of Ministers. The Governor has the authority to seek information on any matter from the Chief Minister.

Furthermore, the Governor can recommend the President to impose a State Emergency under Article 356 of the Constitution of India, 1950. The Governor acts as the President’s agent during a state emergency and gets extensive powers to establish order. 

Judicial Powers

The Governor of a state has several important judicial powers as well. The Governor is responsible for the appointment of the judges of the High Court and the District Courts. He also appoints the Chief Justice of the High Court according to the recommendations of the President. 

Furthermore, as per Article 161 of the Constitution, the Governor has the authority to grant pardons, reprieves, respites, and remissions of punishment, as well as suspend, remit, and commute the sentences of anyone guilty of an offense involving state executive power, with the exception of cases resolved by a court-martial. On the other hand, the Governor cannot give clearance in circumstances where the death penalty has been imposed.

Financial Powers

The Governor has several important financial powers. The Governor presents the annual financial statement, known as the State Budget, to the State Legislature. Furthermore, no grant demand may be filed unless the Governor recommends it. The Governor can also borrow money from the State’s Contingency Fund to cover unexpected expenses. In addition, he has the power to appoint the State Finance Commission.

Discretionary Powers

The Governor of a state has been given some important discretionary powers as well. 

The Governor can use his discretion while selecting the state’s Chief minister when no party achieves an absolute majority in the elections. 

During a state emergency, the Governor has several additional powers. He acts as the President’s agent and can exercise his complete discretion. He can thus even ignore the advice of the Chief Minister. 

 Conclusion 

Thus, in the article, we got an introduction of the state executive and the office of the Governor. Although the Governor is only the nominal head of state, he has an important role in the state administration. He enjoys extensive executive, financial, legislative, and judicial powers. He functions as a link between the state and the central government. He ensures the smooth functioning of state governance and establishes law and order in society. The office of the Governor is paramount for the effective functioning of the federal form of government.