Constitutional Position of Governor

As the governor is the nominal head of the state, he does not have the right to exercise real power. The real power lies in the Chief Minister and the Council of Ministers. While analyzing its constitutional position, specific reference should be made which is laid down in Articles 154, 163, and 164.
The Constitutional Position of the governor is provided in the following article.

• Article 154 – He is the executive head of the state. All executive functions shall be performed by him or by officers subordinate to him by the Constitution.
• Article 163 -He shall be aided and advised by the Chief Minister and the Council of Ministers unless he is acting in his discretion
• The power to act at his discretion is a power that is not given to the President.
• 42nd Amendment Act suggested the Council of Minister’s binding on the President but not on the Governor in the State
• Article 164-The Council of ministers is collectively responsible for the state legislative assembly.
• Article 256-states that every State shall exercise its executive powers by the laws made by Parliament. ,

The Constitutional Amendment was amended in 1976. in process of the control of the Lieutenant Governor. For this reason, it should be conscious. The decision of the Governor is final, if any question arises whether the matter is in the discretion of the Governor or not. Therefore, it can be said that they have constitutional discretion but their action should be under the direction of the Central Government.

The Governor is the official executive head of the state. He forms a major part of the state executive where he serves as the chief executive head. The central government nominates a governor for every state. The executive body of the state is made up of the Governor, the Chief Minister, the Council of Ministers, and the Advocate General of the State. The Governor, as the President, is the head of the state government. Article 153-167 in the Indian Constitution deals with the provisions relating to the state governments of the country.
The governor is a nominal head or constitutional head and at the same time, he is the centre’s agent as the central government nominates the governor in each state.  In India, the governor is the constitutional head and all the executive functions of the state are carried out in the name of the governor.

• They are head of twenty-nine states and seven union territories.
• The Governor of India should act on the advice of the council ministers headed by the Chief Minister.
• While states are ruled by governors, union territories are ruled by lieutenant governors or administrators.