The Governor is the constitutional head of the State. The real executive of the state is the council of the Ministers/Cabinet headed by the Chief Minister.
According to the Constitution of India the President appoints a Governor for each State. Two or more States may have one Governor. Let us study the qualifications, powers, functions and position of the Governor, as the head of State Executive.
The Governor of a State is appoined by the President of India. To be eligible for appointment as Governor, a person must have the following qualifications as per Article 157–158.
As per Article 156:
The Governor has executive, legislative, financial, judicial and some other important miscellaneous powers.
The Governor is the head of the State Executive. All the executive functions in the state are carried on in the name of Governor. He/she makes various important appointments. The Governor appoints the Chief Minister of the State. He/She also appoints other ministers on the recommendation of the Chief Minister. The Advocate General of the state, Chairman and members of the State Public Service Commission are appointed by the Governor. The Governor discharges all these functions on the aid and advice of the Council of Ministers headed by Chief Minister.
The Governor is the part and parcel of the State Legislature. He/she can summon and prorogue the State Legislature. He/she can dissolve the Legislative Assembly on the recommendation of the Chief Minister. He/she can address the session of the state Legislative Assembly or the joint session of both the houses if they exist in any state. The Governor is empowered to nominate one sixth members of the total strength of Legislative Council, if it exists in any State. Any resolution passed by the Legislative Assembly becomes a law only after getting the assent of the Governor. He/she has the power to issue the ordinances when the Assembly is not in session and these ordinances have the weightage of a Law.
The Governor has the power to grant pardon, reprieves, remission of punishment or to suspend, remit or commute a matter to which the executive power of the state extends. The Governor of a State acts as head of the state as well as representative of the Union Government and enjoys certain Discretionary Powers.
Each State has a Council of Minister to aid and advise the Governor in the exercise of his/her functions. Chief Minister is the real head of the government in the State. The Council of Ministers with the Chief Minister as its head exercises real authority at the State level. The Chief Minister is appointed by the Governor. The person who commands the majority support in the State Legislative Assembly (Vidhan Sabha) is appointed as the Chief Minister by the Governor. The other ministers are appointed by the Governor on the advise of the Chief Minister. The Ministers included in the Council of Ministers must belong to either. House of the State Legislature. A person who is not a member of the state legislature may be appointed a Minister, but he/she ceases to hold office if he/she is not elected to the State Legislature within six months of his/her appointment. The portfolios to the members of the Council of Minister are allocated by the Governor on the advice of the Chief Minister. Powers and Functions of the Chief Minister The Chief Minister is the head of the Council of Minister of his/her State. The constitutional position of the Chief Minister is more or less similar to that of the Prime Minister. The Chief Minister plays an important role in the administration of the State.
The power and functions of the Chief Minister are:
Thus, it is clear that the real authority is vested with the Council of Ministers headed by the Chief Minister. The real executive of the State is the Council of Ministers/Cabinet headed by the Chief Minister.