Constitutional position
26. Head of State.- (1) The Head of the State shall be designated as the *Governor.
(2) The executive power of the State shall be vested in the *Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
(3) Nothing in this section shall-
(a) be deemed to transfer to the *Governor any functions conferred by any existing law on any other authority ; or
(b) prevent the State Legislature from conferring by law functions on any authority subordinate to the *Governor.
1[27. Appointment of Governor.-The Governor shall be appointed by the President by warrant under his hand and seal:
Provided that the person holding office as Sadar-i-Riyasat immediately before the commencement of the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, shall on such commencement be the Governor and shall, subject to the other provisions of this Constitution, continue to hold office as Governor until the remaining period of his term for which he was elected as Sadar-i-Riyasat expires.]
28. Term of Office.-(1) The *Governor shall hold office during the pleasure of the President
(2) The *Governor may, by writing under his hand addressed to the President, resign his office.
(3) Subject to foregoing provisions of this section, the *Governor shall hold office for a term of five years from the date on which he enters upon his office :
Provided that he shall, notwithstanding the expiration of his term continue to hold office until his successor enters upon his office.
2[29; Qualifications for appointment as Governor.-No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty years.]
30. Conditions of Office.-(1) The *Governor shall not be a member of either House of Legislature and if a member of either House be 3[appointed] as *Governor, he shall be deemed to have vacated his seat in the House on the date on which he enters upon his office as *Governor.
(2). The *Governor shall not hold any other office of profit.
(3) The *Governor shall be entitled to such emoluments, allowances and privileges as are specified In the Second Schedule.
(4) The emoluments and allowances of the *Governor shall not be diminished during his term of office.
4[31. Oath of Office.-The Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court or, in his absence, the senior most Judge of that Court available, an oath or affirmation in the specified format].
5[32. Omitted].
6[33. Discharge of the functions of the Governor in certain contingencies.-The President may make such provisions as he thinks fit for the discharge of functions of the Governor in any contingency not provided for in this Part.] .
34. Power to grant pardons, reprieves, etc.-The *Governor shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
** Foot-note**
* Substituted for Sadar-i-Riyasat by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, S. 2.
1. Substituted by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, S. 4.
2. Substituted by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, S. 5.
3. Substituted for “elected and recognised” by section 6, ibid.
4. Substituted by S. 7, ibid.
5. Omitted by the Constitution of Jammu & Kashmir (Sixth Amendment) Act, 1965, S. 8.
6. Substituted by S. 9 ibid.
Read also : Azad Jammu and Kashmir Interim Constitution Act, 1974.