Appointment:
The Governor of a State isappointt:d by the President. Only a citizen ofIndia, who hAS completed 35 years of age, is eligible for appointment 88 a Governor. He need not be a resident oCthat State for appointment as Governor. He holds office during the pleasure~fthe President. Subject to this, he holds officefor a period of five years. He receives a salary ofRs. 36,000 per month, and is entitled to certain other allowances and privileges.
Powers of a Governor:
(a) Legislative Powers: He summons, fixesthe time and place for the meeting of the Legislature. He addresses the meeting of the Legislature at the commencement of session once in a year, He can send messages to the State Legislature. Every ~Bill passed by the Legislature must have his assent. He has the power to promulgate an ordinance, whenever the legislature is not in session.
(b) Executive Powers: He appoints Chief Minister of the State and the other Ministers on the advice of the ChiefMinister, He also appoints the Chairmanand members of the State Public Service Commission. He acts ss the agent of theCentre during an emergency.
(c) Financial Powers: No Money Bill can be introduced in the Legislative Assembly ofthe State except on the Governor's recommendation. The State Contingency Fund is at his disposal and he can make advaoces out of it to meet unforeseen expenditure pending its authorization bythe State Legislature.
(d) Judicial Powers: He haa the power togrand pardons, and suspend, remit or commute sentences where the offence is under a low relating to matters within theexecutive competence ofthe State.
(e) Discretionary Powers:
(i) He detcrm.ines whether the Government of a State can or cannot be carried on in accordance With the provisions of the Constitution.lfhe feels that it cannot be SO carried on, he can make a report to the President under Art. 356(1).
(ii) If after the general elections, no single party is able to secure a clear majority or post-election splits reduce the majority to a minority, the Governor can use his owo disrretion to determine which party has the best chances of forming a stable government.
(iii) In case the Governor comes to conclusion that none of the parties represented in the legislature is in a position to form a stable government he can in his discretion dissolve the legislature and order fresh elections.
(iv) The Governor can reserve a bill or bills passed by the State Legislature for consideration of the President.
Role of Governor: Ordinarily, the Governor has to act according to the wishes of the Council of Ministers. No other role can fit in well in a Parliamentary set up. It is only in the exercise of discretionary powers when he may ignore the wishes of the Ministers. Apart from the role of Governor as a Constitutional head of the State, the Constitution certainly visualizes another role on his part when he acta 88 the agent of the Centre. Itis only, when so doing that the use of discretionary powers become relevant. When the administration of State is not carried on in accordance with th~ provisions of the Constitution, he is to report to the Centre, During President's Rule, be runs the administration directly with the help of the Advisers appointed by the Central Government
STATE COUNCIL OF MINISTERS
The Constitution provides for a Council of Ministers, with a Chief Minister at its head, to aid and advise the Governor in the exercise of his functions. The Governor appoints the Chief Minist.er and his Ministers. UsuaUy, all the Ministers must be members of the Legislature ofthe State but sometimes even a non· member may be appointed a Minister. In that case, he cannot retain his office for more than six months without being a member of the Legislature of the State. The Council of Ministers is collectively responsible to the Legislative Assembly of the State.