According to the Constitution of India, the Governor enjoys the highest power and position in the State. He is the Executive Head of the State and the entire administration in the State is run in his name. He is only a Nominal Head, as all his powers of a State are in name only.
Qualifications for the Governor
1. He must be a citizen of India.
2. He must not be less than the age of 35 years.
3. He must not be a member of the Parliament or of any State Legislature.
4. He must not be holding any office of profit.
Election and Tenure of the Governor:
The Governor of a State is appointed by the President for a term normally of five years. However, he can resign his office before this period too, the President too, if he wishes, can remove him from his office or extend his office tenure.
Discretionary Powers of the Governor
1. In case no party gets absolute majority in Legislature Assembly or the majority fails to elect its leader, the Governor appoints the Chief Minister.
2. The Governor can reserve the bill in his safe custody for the approval of the President if he feels that the bill passed by the Si?.’. Legislature is contradictory to the Central Government.
3. If the constitutional machinery fails in the State or there is a possibility of the failure of the State Constitutional machinery, the Governor
sends his report independently to the President. He does not consult the Council of Ministers under such circumstances.
4. When the President proclaims emergency in the State, the Governor acts in the capacity of the agent of the President and he is not bound to act on the advice of the Council of Ministers. During emergency the Council of Ministers stands dissolved.
Relation between the State Governor and Council of Ministers
In States the Council of Ministers is not under the Governor. Actually the Council of Ministers is the ruler of the State.
1. The Governor is the nominal head of the State and the Council of Ministers is the real executive. The executive powers are vested in the governor though the same are exercised by the Council of Ministers. The Council of Minister is responsible for running the State.
2. The Governor appoints Chief Minister but he is not free to appoint Chief Minister because he has to appoint the person as Chief Minister who is head of the party having majority in legislature.
3. The Chief Minister serves the purpose of a link between the Governor and the Council of Ministers. He informs the Governor about the decisions taken by the Council of Ministers. However, he may be asked by the Governor to furnish the information concerned with any other matter also. He shall have to give that information.
4. The Governor makes all the important appointments on the advice of his Council of Ministers. He also exercises his judicial powers on the advice of the Council of Ministers.
5. The Governor of a State has the power to advise and as well as warn the members of the Council of Ministers. The Ministers listen his views and try to act upon those as far as possible.