• Article 74 of the Constitution provides that there shall be a Council of Ministers with the Prime Minister at its head to aid and advice the President in the exercise of his function.
• Article 75 deals with appointment of the Prime minister. *
• Article 78 Role and functions of the Prime Minister.
• Salary 1,35,000

Eligibility

• Article 84 of the Constitution of India, which sets the principal qualifications for member of Parliament, and Article 75 of the Constitution of India, which sets the qualifications for the minister in the Union Council of Minister, and the argument that the position of prime minister has been described as ‘first among equals‘, we can describe following qualifications for the Prime Minister of India. A prime minister must be: a citizen of India.
• should be a member of the LokSabha or RajyaSabha. If a person elected prime minister is neither a member of the LokSabha nor RajyaSabha, then he must become a member of the LokSabha or RajyaSabha within six months.
• of above 25 years of age (in the case of a seat in the LokSabha) or above 30 years of age (in the case of a seat in the  RajyaSabha).
• A person shall not be eligible for election as prime minister if he holds any office of profit under the Government of India or the Government of any State or under local or other authority subject to the control of any of the Governments.
• Some specific ministers/department are not allocated to anyone in the cabinet but the Prime Minister himself. The prime minister is usually always in-charge/ head of:

1. Appointments Committee of the Cabinet;
2. Ministry of Personnel, Public Grievances and Pensions;
3. Ministry of Planning;
4. Department of Atomic Energy;
5. Department of Space.

STATE EXECUTIVE:THE GOVERNOR OF INDIA

• The Constitution provides for an office of the Governor in the states (Article 153).
• Nominal executive head.
• Normally each state has its own Governor, but under the Seventh Amendment Act, 1956, the same person can be appointed as Governor of one or more states or Lt. Governor of the union Territory.

Governor Qualification

• Citizen of India.
• Completed 35 yrs of age.
• Shouldn’t be a member of either house of parliament or the state Legislature.
• Must possess the qualification for membership of State Legislature.
• Must n’t hold any office of profit.

Other points

• His usual term of office is 5 yrs but he holds office during the pleasure of the President.
• He can be asked to continue for more until his successor takes the charge.
• Can give his resignation or can be removed earlier by the President.
• The legislature of a state or a High Court has no role in the removal of a Governor.
• Salary from the Consolidated Fund of the state (1,10,000 per month) and is not subject to the vote of the State Legislature.
• When the same person is appointed as the Governor of two or more States, the emoluments and allowances payable to him shall be allocated among the States in such proportion as determined by the President of India.
• His oath is administered by the Chief Justice of the Concerned State High Court and in his absence, the senior – most Judge of that Court.

Governor Powers and Functions:

1. Executive Powers b. Legislative Powers
2. Financial Powers d. Judicial Powers
3. Emergency Powers

Executive Powers

• The Constitution vests in the Governor all the executive powers of the State Government.
• The Governor appoints the Chief Minister who enjoys the support of the majority in the VidhanSabha. The Governor also appoints the other members of the Council of Ministers and distributes portfolios to them on the advice of the Chief Minister.
• Appoints Chief Minister, Council of Ministers, Chairman &- rnembers of State Public Service Commission, Advocate General of the State and Election Commissioner of the State.

Legislative Powers.

• Summons, Prorogues & dissolves the State Legislature. Addresses the first session of State Legislature after election and the beginning of each new session. Sends messages to State Legislature on bills pending before it.
• Appoints l/ 6th members of Legislative Council. Nominates one member from the Anglo – Indian community (if not proper representation).
• Makes laws through ordinances. Gives assent to the Bills so that they become Laws. The Governor has three alternatives before him with respect to the Bills:
• He can give his
  1. assent to the Bill;
  2. He can return it a Money Bill, for reconsideration suggesting alternations. But such Bills when passed again have to be given assent.
  3. He may reserve the Bill or the assent of the President.

Financial Powers

• Ensures that the budget is laid. All money bills can be introduce his recommendation only.

Judicial Powers

• President consults Governor while appointing Chief justice and judges of High Court.
• Appoints judges of courts below the High Court can grant Pardon reprieve or remission of punishment for offense against State Laws.
• But he cannot grant pardon in cases of death sentences.

Emergency Powers

• Reports to the President if the State Government is not running constitutionally and recommends the Presidents Rule ( Article 356 ).
• When the Presidents Rule is in progress, he becomes the Agent of the Union Government in the State’.
• He takes over the reigns of administration directly into his own hands and runs the State with the aid of the Civil Servants.

Other Governor Powers

• Receives & tables the report of State Auditor General.
• Tables the report of State Public Service Commission.
• Acts as Chancellor of State Universities & appoints Vice – chancellor. Can appoint any members as Chief Minister if no party has clear – cut majority.
• Can refuse to sign an ordinary bill pas b e Legislature.

Removal

• The term of Governor’s office is normally 5 years but it can beterminated.
• Dismissal by the president on the  advice of the Prime Minister of the country,at whose  Pleasure the Governor holds office.
• Resignation by the Governor.
• There is no provision of impeachment, as it happens for the President.

Note:

• Sarkaria Commission suggested that CM should be consulted while appointing the governor; only unquestionable person be there; Active politician shouldn’t be appointed; Removal should be difficult; No need to remove the post of governor