The Governor
The Governor (Part VI, Arts 153 to 162) is the head of the State executive. Art 153 says there shall be a Governor for each State, and the 7th Amendment (1956) allows one Governor for two or more States.
Appointment and term
- Appointed by the President by warrant under his hand and seal (Art 155). He is not elected. The model was borrowed from Canada.
- Qualifications (Art 157): citizen of India, at least 35 years old, and not a member of Parliament or a State Legislature or holder of an office of profit.
- Term: 5 years (Art 156), but he holds office during the pleasure of the President. He can be transferred or removed at any time. In B.P. Singhal v Union of India (2010) the Supreme Court held that removal cannot be arbitrary or without a compelling reason.
- Oath is administered by the Chief Justice of the High Court of the State.
- Resigns to the President.
Powers
| Type | Examples |
|---|---|
| Executive (Art 154) | Appoints the Chief Minister and, on his advice, other ministers. Appoints the Advocate General, State Election Commissioner and members of the State Public Service Commission. Consulted on appointment of High Court judges. |
| Legislative | Summons, prorogues and addresses the Legislature. Dissolves the Assembly. Nominates one Anglo-Indian member (provision ended in 2020) and members of the Legislative Council. |
| Financial | Money Bills only with his prior recommendation. Controls the Contingency Fund of the State. Sets up the State Finance Commission every 5 years (Art 243I). |
| Judicial (Art 161) | Can pardon, reprieve, respite, remit or commute sentences for offences against State law. He cannot pardon a death sentence (only suspend, remit or commute it). He cannot pardon a court-martial sentence. |
| Ordinance (Art 213) | When the Legislature is not in session. Must be approved within six weeks of reassembly. |
Discretionary powers
The Governor must generally act on the advice of the Council of Ministers (Art 163), but may act in his discretion in some cases:
- Appointing a Chief Minister when no party has a clear majority.
- Reserving a Bill for the President.
- Recommending President's Rule (Art 356).
- Dismissing a ministry that has lost the confidence of the House, or dissolving the Assembly.
- Special responsibilities for some States (Arts 371 and the Sixth Schedule): for example Assam, Nagaland.
Art 200: assent to Bills
The Governor may:
- Give assent,
- Withhold assent, or return a non-Money Bill with a message, or
- Reserve it for the President.
If the Legislature passes the returned Bill again, he must give assent. The Constitution fixes no time limit for acting, which led to disputes with several States.
Commissions on the Governor's role
- Sarkaria Commission (1983 to 1988): Governor should be an eminent person from outside the State, not active in politics, and should have a fixed five-year term.
- Punchhi Commission (2007 to 2010): removal only by a resolution of the State Legislature and Governor's discretion limited.
- Bommai (1994): the Governor's report for President's Rule is subject to judicial review.
- Rameshwar Prasad (2006): dissolving a Bihar Assembly on a Governor's report was held unconstitutional.
Keep practising
Notes are only half the work. Test yourself with questions and discuss doubts with other aspirants.
Prepared for exam revision from the Constitution of India and standard sources. Office-holders and recent developments change, so check official sources before relying on them. Found a mistake? Tell us.