Governor: Role & Powers

Notes

The Governor is the constitutional head of a State (Art. 153-162). Art. 154: executive power of the State is vested in the Governor. The 7th Amendment (1956) allows one person to be Governor of two or more States.

Appointment and tenure

Appointed by the President by warrant (Art. 155), not elected; the system follows Canada.
Qualifications (Art. 157): citizen of India; at least 35 years. Must not be a member of Parliament or a State legislature, and must not hold an office of profit (Art. 158). Convention (Sarkaria Commission): an outsider to the State, not recently active in politics.
Term: five years (Art. 156) but holds office during the pleasure of the President. B.P. Singhal v Union of India (2010): the President's pleasure is not unfettered; a Governor cannot be removed arbitrarily or merely for differing with the Centre, though no reasons need be given.
Oath (Art. 159): administered by the Chief Justice of the High Court. Emoluments: ₹3.5 lakh per month (2018).

Powers

Executive: appoints the Chief Minister and, on his advice, other ministers (Art. 164); Advocate General (Art. 165); State Election Commissioner; members of the State Public Service Commission; consulted in the appointment of High Court judges (Art. 217); appoints district judges (Art. 233).
Legislative: summons, prorogues the House and dissolves the Legislative Assembly (Art. 174); addresses the House (Art. 175-176); nominates one-sixth of the Legislative Council members and (until 2019) one Anglo-Indian; assent to Bills (Art. 200): give assent, withhold assent, return a non-Money Bill, or reserve it for the President; Ordinances when the legislature is not in session (Art. 213).
Financial: Money Bills introduced only on his recommendation; Contingency Fund of the State; constitutes the State Finance Commission.
Judicial: Art. 161: pardon, reprieve, respite, remission, suspension or commutation for offences under State law. He cannot pardon a death sentence or Court Martial sentence.
Emergency: reports to the President on failure of constitutional machinery (Art. 356).

Discretion

Art. 163: the Council of Ministers aids and advises the Governor except where the Constitution requires him to act in his discretion; his decision on this is final and cannot be questioned in court.
Constitutional discretion: reserving a Bill for the President; recommending President's Rule; appointing a CM when no party has a clear majority; dismissing a ministry that has lost the House's confidence; asking to prove majority.
Special responsibilities under Art. 371 and the Sixth Schedule (tribal areas of Assam, Meghalaya, Tripura and Mizoram).
Shamsher Singh (1974): the Governor is a constitutional head, acting on ministerial advice. Rameshwar Prasad v Union of India (2006): dissolution of the Bihar Assembly was unconstitutional. Nabam Rebia (2016): a Governor cannot advance the session of the Assembly on his own. State of Punjab v Principal Secretary to Governor (2023) and the Tamil Nadu verdict (2025) said a Governor cannot sit on Bills indefinitely; the question of judicially fixed timelines was taken up through a Presidential Reference, so check the latest position.

Key Points

Art. 153-162; appointed by the President; five-year term at the President's pleasure.
Oath administered by the Chief Justice of the High Court.
Art. 200: four options on Bills; Art. 213: Ordinances; Art. 161: pardon (not death sentence).
Art. 163 gives limited discretion.
Governor is both a constitutional head and an agent of the Centre.

MCQs

Q1. The Governor of a State is: (a) Elected by the Legislative Assembly (b) Appointed by the President (c) Appointed by the Chief Minister (d) Elected by an electoral college Ans: (b). Art. 155.

Q2. The oath of office is administered to the Governor by: (a) President (b) Chief Justice of India (c) Chief Justice of the High Court (d) Chief Minister Ans: (c). Art. 159.

Q3. In which case did the Supreme Court hold that a Governor cannot be removed arbitrarily? (a) Rameshwar Prasad (b) B.P. Singhal v Union of India (c) Nabam Rebia (d) S.R. Bommai Ans: (b). 2010.