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- The pattern of Government provided for the states is similar to that of the Central Government
- The reason for the similarity is that at both the levels of government, there is parliamentary system of Government in which a ceremonial head and a real head constitute the executive.
- For the Union Government, Presidency is ceremonial head and the effective head of the government is the Prime Minister heading the Council of Ministers.
- For the State Government, Governor is the counterpart of the President of India and the Chief Minister heading the Council of Ministers is the mirror image of the Prime Minister.
- The Government of India Act 1858 transferred the responsibility of administration of India from the East India Company to the British Crown.
- It made the Governor of the province an agent of the Crown working through the Governor General.
- The Montague-Chelmsford reforms (1919) made small changes in the provincial government with insignificant level of responsible government being introduced the Government of India Act 1935 gave provincial autonomy with the Governor being required to act on the advice of the Council of Ministers.
- However, the Governor continued to exercise substantial discretion for which he was accountable only to the Governor General.
- After India achieved Independence, The GOI Act 1935 was adapted and enforced till the new Constitution was drafted and adopted.
- The Adaptation Order 1947 dropped all references to the discretionary powers and made the Governor function completely according to the advice of the Council of Ministers.
- Constituent Assembly (1947-49) debated various aspects related to the institution of Governor which essentially can be grouped under two heads
- Whether the Governor should be elected, or nominated and Discretionary powers of the Governor.
- The idea of elected Governor is discarded for the following reasons:-
- It defeats the-very purpose of the institution of Governor as it should be an independent and impartial
- Constitutional office which is not possible if the Governor is a political office
- Political deadlock between the offices of the Governor and that of the Chief Minister may arise and can paralyse the Government.
- In case the Governor and the Chief Minister belong to the same political party, Governor can not perform his discretionary powers objectively.
- Governor can develop his own populist vested interest which can us compromise the duties involving security of the state from internal and external threats.
- Jawaharlal Nehru explained to the Constituent Assembly that two more reasons can be cited to ignore the idea of a elected Governor: it may lead to provincial Separatist tendencies; and there will be fewer common
Links with the centre.
- Art, 153 to 167 of Part VI deal with the State executive of which Governor is the titular head and the Chief Minister heading the Council of Ministers is the political and real head.
- Article 153 of the Constitution requires that there shall be a Governor for each State. It means that there shall not be a vacancy in the office of the Governor.