Governor of a State | UPSC EduLaw
EduLaw EditorialAspirants PlaybookUPSC Aspirant Series 007 EduLaw Indian Polity | Constitution Power, Duties & Appointment of a Governor Everything a UPSC aspirant must know about the Governor of a State: constitutional position, appointment, powers, discretion, case law and exam traps. Basics Appointment Powers Bills Discretion Cases Cheat Sheet FAQs 1. Core idea Who is the Governor? Constitutional head The Governor is the constitutional head of a State. Article 153 provides for a Governor for each State and permits the same person to be appointed Governor of two or more States. Article 154 vests the executive power of the State in the Governor, but this does not make the Governor the day-to-day political executive. Formal executive, not real executive In the parliamentary system, the Chief Minister and Council of Ministers are the effective political executive. The Governor normally acts on their aid and advice under Article 163. UPSC takeaway: The Governor is the formal executive; the elected Council of Ministers is the real political executive. 153 Governor for each State; same person may be Governor of two or more States. 154 Executive power of the State is vested in the Governor. 163 Governor acts on the aid and advice of the Council of Ministers except where the Constitution requires discretion. 2. Appointment and office How is the Governor selected? Article 155 Appointed by the President of India by warrant under the President’s hand and seal. Article 157 Must be a citizen of India and must have completed 35 years of age. Article 156 Normal term is five years, but the Governor holds office during the pleasure of the President. Article 159 Before entering office, the Governor swears to preserve, protect and defend the Constitution and the law. Exam trap: Five years is not a guaranteed fixed tenure. Article 156 makes the term subject to the President’s pleasure. 3. Duties and advice Aid, advice and constitutional duty Article 163 The Governor shall act on the aid and advice of the Council of Ministers with the Chief Minister at the head, except in matters where the Constitution requires the Governor to act in discretion. Article 167 The Chief Minister must communicate decisions of the Council of Ministers to the Governor and furnish information relating to administration and legislative proposals when called for. Rule Ministerial advice is the norm. Personal discretion is the exception. The Governor is not a parallel political authority. 4. Powers of the Governor Executive, legislative, financial and judicial powers Executive powers Appoints the Chief Minister. Appoints other Ministers on the advice of the Chief Minister. Appoints the Advocate General of the State. Appoints the Chairperson and members of the State Public Service Commission. Appoints District Judges in consultation with the High Court. State government business is carried on in the Governor’s name. May seek information from the Chief Minister. May report failure of constitutional machinery to the President under Article 356. Legislative powers Summons, prorogues and may dissolve the Legislative Assembly under Article 174. Addresses and sends messages to the Legislature under Articles 175–176. Acts on Bills under Article 200. May promulgate Ordinances under Article 213 when the Legislature is not in session, subject to constitutional limits. Financial powers Causes the Annual Financial Statement to be laid before the Legislature under Article 202. Recommendation is required for Money Bills and certain Financial Bills under Article 207. Recommendation is required for demands and financial proposals involving State funds. Constitutes the State Finance Commission under Article 243-I. Judicial and clemency powers Under Article 161, the Governor may grant pardon, reprieve, respite, remission, suspend a sentence, remit a sentence or commute a sentence for offences relating to matters within the State’s executive power. Death sentence distinction: Governor may suspend, remit or commute; Article 72 gives the President broader death-sentence power. 5. State Bills What happens when a Bill reaches the Governor? Bill presented State Bill reaches Governor → Article 200 Governor must choose a constitutional course → Outcome Assent, return, or reserve Assent The Bill becomes law after assent. Return A non-Money Bill may be returned with a message for reconsideration. If passed again, the Governor shall not withhold assent. Reserve The Governor may reserve the Bill for the consideration of the President under Article 200; Article 201 then becomes relevant. 6. Discretion Limited powers, constitutional guardrails Important discretionary situations Appointing a Chief Minister in a hung Assembly. Calling for a floor test where majority is objectively doubtful. Reserving certain Bills for the President. Reporting failure of constitutional machinery to the President under Article 356. Special responsibilities in specified constitutional contexts. UPSC traps Governor is appointed, not elected. Five-year term is not guaranteed tenure. Governor is formal executive, not real political executive. Discretion is limited, not unlimited. Governor cannot act as a parallel political government. 7. Landmark cases Cases every aspirant should know 1974 Shamsher Singh v. State of Punjab The Governor ordinarily acts on the aid and advice of the Council of Ministers. This case anchors the “constitutional head, not personal executive” principle. 1994 S.R. Bommai v. Union of India Legislative majority should ordinarily be tested on the floor of the House. Article 356 action is subject to judicial review. 2016 Nabam Rebia v. Deputy Speaker The Governor’s discretion is not unlimited and cannot be used to interfere with regular legislative functioning. 2023 State of Punjab v. Principal Secretary to the Governor The Governor cannot keep the legislative process suspended by unexplained inaction when Bills are presented. 2025 Presidential Reference on Articles 200 and 201 The Court advised that fixed timelines or deemed assent cannot be inserted into Articles 200 and 201, while prolonged unexplained inaction may invite limited judicial directions to act constitutionally. 8. Quick revision Governor cheat sheet Article Subject / power / function 153 Governor for each State 154 Executive power of State 155 Appointment by President 156 Term and President’s pleasure 157 Qualifications 158 Conditions of office 159 Oath 161 Clemency powers 163 Aid and advice 164 Appointment of CM and Ministers 167 CM’s duties towards Governor 174 Sessions, prorogation, dissolution 175–176 Address and messages to Legislature 200 Assent to State Bills 201 Bills reserved for President 202 Annual Financial Statement 207 Financial Bills 213 Ordinance-making power 356 Failure of constitutional machinery 361 Constitutional immunity Answer-writing conclusion The Governor’s office is designed to preserve constitutional government in the State, but its legitimacy depends on restraint, neutrality and fidelity to elected parliamentary responsibility. Best one-line memory hook Formal executive by text, constitutional sentinel by duty, restrained actor by convention. 9. FAQs Common doubts Is the Governor elected? No. The Governor is appointed by the President under Article 155. Can one person be Governor of more than one State? Yes. Article 153 permits the same person to be appointed Governor of two or more States. Can the Governor act against the Council of Ministers? Normally no. Article 163 makes aid and advice the rule. Discretion exists only in constitutionally recognised situations. Can the Governor refuse assent forever? Article 200 gives constitutional choices; indefinite inaction is constitutionally problematic even though fixed judicial timelines and deemed assent cannot simply be written into the provision. Does the Governor prepare the State Budget? No. The elected government prepares the budget. The Governor’s role is procedural and constitutional. EduLaw Prepared for UPSC and legal education. Primary legal base: Constitution of India, Articles 153–213, 356 and 361, and leading Supreme Court decisions on the Governor’s constitutional role.