The Governor and the State Executive are constitutional concepts and institutions defined in Part VI of the Indian Constitution, specifically from Article 153 to Article 167. The concept originated from the pre-independence provincial governors under the British Raj, but the post-1947 Constituent Assembly opted for an appointed Governor to avoid conflict with an elected Chief Minister. The Governor is the constitutional head of the state, similar to the President at the Union level, and acts as a vital link between the Union and State governments.
The State Executive consists of the Governor, the Chief Minister, the Council of Ministers, and the Advocate General of the State. Article 154 vests the executive power of the State in the Governor, which is exercised either directly or through subordinate officers. However, the Governor is generally obliged to act on the aid and advice of the Council of Ministers, headed by the Chief Minister, as per Article 163, except in matters where the Constitution explicitly grants discretion. The Governor is appointed by the President under Article 155 and holds office for a term of five years during the President's pleasure.
A significant area of recent change and judicial clarification concerns the Governor's power regarding bills passed by the State Legislature under Article 200. The Supreme Court, in the case of State of Tamil Nadu vs. Governor of Tamil Nadu, clarified that the Governor cannot indefinitely delay action on bills, ruling out the concept of an "absolute veto" or "pocket veto". The Governor has three options: grant assent, withhold assent and return the bill for reconsideration, or reserve the bill for the President's consideration. The Court also ruled that once a bill is re-passed by the legislature after reconsideration, the Governor cannot then reserve it for the President. The Governor's discretionary powers are also connected to Article 356, where they can send a report to the President recommending the imposition of President's Rule. The 7th Constitutional Amendment Act of 1956 allowed the same person to be appointed as Governor for two or more States.