Governor of a State: Appointment, Powers and Discretionary Role | UPSC & State PCS
The Governor is one of those constitutional offices that looks simple in theory but becomes complicated in practice.
The basic idea is easy.
Every State has a Governor who acts as its constitutional head. The elected Chief Minister and Council of Ministers actually run the State government.
But unlike the President, the Governor also has some areas where the Constitution allows independent judgment or discretion.
This is why questions about the Governor often become questions about federalism, elected government, constitutional morality and Centre–State relations.
The main provisions relating to the Governor begin with Articles 153 to 162, while Articles 163 to 167 explain the relationship with the Council of Ministers. Important legislative powers are found in Articles 174, 175, 176, 200 and 213.
Constitutional Position of the Governor
Article 153
Article 153 says that there shall be a Governor for each State.
However, the same person can be appointed Governor of two or more States.
So the statement that every State must always have a different individual as Governor is incorrect.
Article 154 — Executive Power of the State
The executive power of a State is formally vested in the Governor.
This sounds very powerful.
But just as the President does not personally run the Union Government, the Governor does not normally run the State Government.
The actual political executive is:
Chief Minister + Council of Ministers
The Governor is the constitutional head.
Appointment of the Governor
Under Article 155, the Governor is appointed by the:
President of India
The appointment is made by warrant under the President's hand and seal.
The Governor is therefore not directly or indirectly elected by the people of the State.
This is an important difference from the President.
Why Is the Governor Appointed Rather Than Elected?
The Constitution-makers did not want a separately elected Governor to become a rival political centre against the Chief Minister.
Imagine a situation where both the Chief Minister and Governor claimed their own popular mandate.
It could create conflict within the State executive.
An appointed Governor fits more naturally into India's parliamentary system, where political responsibility belongs to the elected Council of Ministers.
At the same time, the manner of appointment has created another problem: Governors are sometimes accused of acting as representatives of the Union Government rather than as neutral constitutional heads.
That tension lies at the heart of many Governor controversies.
Qualifications
Article 157 provides only two basic constitutional qualifications.
A Governor must:
- be a citizen of India,
- have completed 35 years of age.
There is no constitutional requirement that the person must belong to the State concerned.
In fact, commissions on Centre–State relations have generally favoured appointing a person who is not deeply involved in the local politics of that State.
Conditions of Office
Under Article 158, the Governor:
- cannot be a member of Parliament,
- cannot be a member of a State Legislature,
- cannot hold another office of profit.
If a sitting MP or MLA becomes Governor, the legislative seat is treated as vacated when the person enters the office of Governor.
The Governor is also entitled to official residence and constitutional emoluments and allowances.
Term of the Governor
Article 156 says that the Governor normally holds office for five years.
But there is an important qualification.
The Governor holds office:
during the pleasure of the President.
Therefore, five years is not an absolutely guaranteed tenure.
A Governor may be removed before completing five years.
The Governor can also resign by writing to the:
President of India.
Is There an Impeachment Procedure for the Governor?
No.
Unlike the President, the Constitution does not provide an impeachment procedure for removing a Governor.
This has appeared directly in UPSC Prelims.
So remember:
President → impeachment available
Governor → no constitutional impeachment procedure
B.P. Singhal Case and Removal of Governors
The expression “pleasure of the President” does not mean that removal can be completely arbitrary.
In B.P. Singhal v. Union of India (2010), the Supreme Court accepted that a Governor can be removed before completing five years.
However, the power cannot be exercised in an arbitrary, capricious or unreasonable manner.
A mere change of government at the Centre should not turn Governors into political appointees who are automatically removed simply because their perceived ideology is different.
This judgment is important because it tries to balance:
President's pleasure
with
constitutional fairness.
Oath of the Governor
Under Article 159, the Governor takes the oath before:
the Chief Justice of the High Court concerned
or, in the Chief Justice's absence,
the senior-most available judge of that High Court.
The Governor promises to:
- faithfully execute the office,
- preserve, protect and defend the Constitution and law,
- devote himself or herself to the service and well-being of the people.
Compare this carefully with the President, whose oath is administered by the Chief Justice of India.
Governor and Council of Ministers
This is the most important part of the chapter.
Article 163 provides for a Council of Ministers headed by the Chief Minister to:
aid and advise the Governor
except where the Governor is required by or under the Constitution to act in discretion.
This is where the Governor differs significantly from the President.
The Constitution itself expressly recognises that the Governor may have a limited discretionary area.
Does Article 163 Give Unlimited Discretion?
No.
This is a very important point.
The Governor is not free to ignore the elected State government whenever he or she disagrees with it.
The normal rule is:
Governor acts on ministerial advice.
Discretion is the exception.
The Supreme Court has repeatedly stressed that the discretionary area cannot be expanded into a general power to run the State administration.
Nabam Rebia Case
In Nabam Rebia v. Deputy Speaker (2016), the Supreme Court emphasised that Article 163 does not give the Governor a general, unlimited discretionary power.
The Governor's discretion must arise:
- expressly from the Constitution,
- or by necessary constitutional implication.
It cannot be arbitrary or based merely on personal political preference.
This is an important Mains principle:
A Governor is a constitutional head, not an alternate political executive.
Appointment of the Chief Minister
Under Article 164, the Governor appoints the Chief Minister.
Normally there is no real discretion.
If one party or coalition clearly has a majority in the Legislative Assembly, its leader is appointed Chief Minister.
The difficult situation arises when there is a hung Assembly.
Then the Governor has to decide who appears most likely to command majority support.
But even here, the Governor should not personally decide which political group deserves to govern.
The final test is:
Who commands the confidence of the Legislative Assembly?
Why Is a Floor Test Important?
Majority should normally be tested on the floor of the House rather than through letters, press statements or the Governor's personal assessment.
The Supreme Court has repeatedly favoured the floor test as the proper democratic method of determining majority.
This principle became especially important in cases such as:
- S.R. Bommai,
- Nabam Rebia,
- Shivraj Singh Chouhan.
Shivraj Singh Chouhan Case, 2020
In the Madhya Pradesh political crisis, the Supreme Court recognised that a floor test can be required where objective circumstances create serious doubt about whether the government still enjoys majority support.
The larger principle is simple:
The Governor does not decide the majority. The House does.
This distinction is crucial.
Executive Powers of the Governor
The Governor formally exercises several executive functions.
These include:
- appointing the Chief Minister,
- appointing other Ministers on the Chief Minister's advice,
- appointing the Advocate-General of the State,
- appointing the State Public Service Commission chairman and members under the constitutional framework,
- conducting State executive business in the Governor's name.
The Governor can also seek information from the Chief Minister under Article 167.
But formal appointment should not be confused with personal political choice.
Most executive actions operate through the elected government.
Advocate-General
The Governor appoints the Advocate-General for the State under Article 165.
The Advocate-General must be qualified to be appointed as a judge of a High Court.
This is the State-level counterpart of the Attorney-General of India.
Legislative Position of the Governor
Under Article 168, the Governor is a part of the State Legislature.
This is similar to the President being a part of Parliament.
The Governor may:
- summon the Legislature,
- prorogue it,
- dissolve the Legislative Assembly within the constitutional framework,
- address the Legislature,
- send messages,
- nominate members to the Legislative Council where applicable,
- act on Bills,
- promulgate Ordinances.
Summoning and Proroguing the Legislature
Article 174 deals with sessions of the State Legislature.
The Governor formally summons and prorogues the House or Houses and may dissolve the Legislative Assembly.
But this power is normally exercised on the aid and advice of the Council of Ministers.
Nabam Rebia is important here because it rejected the idea that the Governor has a broad personal power to control legislative sessions.
Governor's Address
Under Article 176, the Governor addresses the State Legislature:
- after a general election,
- at the beginning of the first session of each year.
The speech reflects the policies and programme of the elected State government.
So, just like the President's Address, it should not be treated as the Governor's personal political manifesto.
Nomination to the Legislative Council
In States having a Legislative Council, the Governor nominates one-sixth of the Council's members.
These persons should have special knowledge or practical experience in fields such as:
- literature,
- science,
- art,
- cooperative movement,
- social service.
This is provided under Article 171.
Article 200 — Governor's Assent to State Bills
This has become one of the most important areas in Indian Polity.
Once a Bill is passed by the State Legislature and presented to the Governor, Article 200 comes into play.
At the first stage, the Governor has three basic constitutional options:
- assent to the Bill,
- withhold assent and return a non-Money Bill for reconsideration,
- reserve the Bill for consideration of the President.
A Money Bill cannot be returned for reconsideration in the same manner.
Can the Governor Simply Say “I Withhold Assent” and Keep the Bill?
The present constitutional position is important.
The Supreme Court's Constitution Bench, in its 20 November 2025 Presidential Reference, explained that withholding assent is connected with returning the Bill to the Legislature.
In other words, the Governor cannot create a simple permanent veto by saying:
“I withhold assent”
and then ending the legislative process.
If assent is withheld from a non-Money Bill, the reconsideration mechanism comes into operation.
This protects the role of the elected Legislature.
What Happens If the Legislature Passes the Bill Again?
Once a returned Bill has been reconsidered and passed again, the Governor cannot again simply withhold assent.
The 2025 Constitution Bench clarified that at this stage the Governor may:
- assent,
- or, where constitutionally appropriate, reserve the Bill for consideration of the President.
The withholding option is no longer available in the same manner after reconsideration.
This is an area where older notes can easily become outdated.
Does the Governor Act on Ministerial Advice under Article 200?
The ordinary constitutional rule is that the Governor acts on aid and advice.
However, the five-judge Constitution Bench in the 2025 Presidential Reference treated Article 200 as an area where the Governor has constitutional discretion in choosing among the available options.
The Court said that the Governor should have due regard to ministerial advice but also performs an independent constitutional role under Article 200.
For UPSC 2026 onward, this updated position is extremely important.
Do not rely only on older one-line notes saying that every Article 200 decision is automatically bound by the Council of Ministers.
Can a Governor Keep Bills Pending Indefinitely?
This issue created major constitutional disputes between Governors and State governments.
In April 2025, the Supreme Court in the Tamil Nadu Governor case prescribed specific timelines for dealing with Bills.
But this was reconsidered in the later five-judge Presidential Reference decided on 20 November 2025.
The Constitution Bench held that courts should not create fixed timelines where the Constitution itself has not provided them.
It also rejected the idea of:
“deemed assent”
under which a Bill would automatically be treated as assented to after a judicially created deadline.
So the current position is:
No constitutionally fixed judicial deadline
and
No deemed assent merely because a deadline has passed.
Does That Mean the Governor Can Delay Forever?
No.
This is the other half of the judgment.
The Supreme Court made it clear that prolonged, unexplained and indefinite inaction can still attract limited judicial intervention.
A court may direct the Governor to discharge the constitutional function within a reasonable period.
But the court should not replace the Governor's constitutional decision by deciding the merits of the Bill itself.
This balance is important:
No judicial takeover of Article 200
but also
No indefinite constitutional paralysis.
Why Article 200 Matters for Federalism
A State Bill is passed by an elected Legislature.
If an unelected Governor could indefinitely block it without acting, democratic law-making at the State level could be frustrated.
On the other hand, the Constitution also gives the Governor a role in identifying Bills that may raise serious constitutional or federal questions.
So Article 200 sits at the meeting point of:
- State democracy,
- federalism,
- constitutional oversight,
- judicial restraint.
That is why it has become such an important GS-II topic.
Reservation of Bills for the President
The Governor may reserve certain Bills for the President's consideration.
In some situations reservation is constitutionally necessary.
One important example arises where, in the Governor's opinion, a Bill would so derogate from the powers of the High Court as to endanger its constitutional position.
Once a Bill is reserved, Article 201 governs the President's consideration.
The President cannot independently take a State Bill for consideration before it reaches the President through the constitutional reservation process.
UPSC directly tested this in Prelims 2025.
Article 213 — Ordinance-Making Power
The Governor can promulgate an Ordinance when the State Legislature is not in session and circumstances require immediate action.
This power is similar to the President's Article 123 power at the Union level.
An Ordinance has the same force as an Act of the State Legislature while it remains valid.
But it is temporary.
It must be placed before the Legislature after it reassembles.
Normally, it ceases to operate six weeks after reassembly unless converted into law.
Can Ordinances Be Re-promulgated Again and Again?
Ordinarily, no.
The Ordinance power is meant for urgent situations when the Legislature cannot immediately act.
It is not meant to become a substitute for regular legislation.
In D.C. Wadhwa v. State of Bihar, the Supreme Court strongly criticised repeated re-promulgation of Ordinances.
Later, in Krishna Kumar Singh v. State of Bihar, a seven-judge Bench reaffirmed that routine re-promulgation bypasses the Legislature and is constitutionally unacceptable.
The principle is simple:
Ordinance = emergency temporary law-making
not
Ordinance = parallel permanent Legislature
Financial Powers
The Governor also performs important formal financial functions.
The Governor causes the Annual Financial Statement, or State Budget, to be laid before the Legislature under Article 202.
A Money Bill requires the Governor's recommendation before introduction.
Certain demands for grants also operate through the constitutional recommendation framework.
Again, these are not the Governor's personal economic policies.
They are exercised through responsible State government.
Pardoning Power — Article 161
Article 161 gives the Governor power to:
- grant pardons,
- grant reprieves,
- grant respites,
- grant remissions,
- suspend sentences,
- remit sentences,
- commute sentences.
The power applies to offences against laws relating to matters within the State's executive power.
Does the Governor Personally Decide Mercy Petitions?
No.
The Supreme Court has made clear that Article 161 is ordinarily exercised on the aid and advice of the State Government.
So the Governor does not personally decide that a prisoner should be released merely according to individual preference.
President vs Governor on Clemency
A common textbook shortcut can sometimes create confusion.
The safer constitutional distinction is:
President — Article 72
The Constitution expressly gives the President clemency power in:
- Court Martial cases,
- offences within Union executive power,
- all cases involving a death sentence.
Governor — Article 161
The Governor's power depends on whether the offence relates to a matter within the State's executive power.
The Governor therefore does not have the President's special Court Martial jurisdiction.
The two powers can overlap in some criminal matters, including certain death-sentence situations where State executive power extends.
For Prelims, remember the constitutional language rather than an oversimplified one-line comparison.
Governor and Article 356
The Governor can send a report to the President stating that the government of the State cannot be carried on according to the Constitution.
Such a report may become the basis for President's Rule under Article 356.
But the Governor's report is not beyond constitutional scrutiny.
S.R. Bommai Case
S.R. Bommai v. Union of India (1994) is one of the most important judgments on federalism and Article 356.
The Supreme Court made it clear that the President's Rule power is subject to judicial review.
It also strengthened the principle that majority questions should normally be decided on the floor of the House.
The wider lesson is:
A Governor's subjective political opinion cannot replace a democratic floor test.
Constitutional Immunity of the Governor — Article 361
Article 361 gives important protections to the Governor while in office.
The Governor is not answerable to a court for the exercise and performance of official powers and duties in the personal sense contemplated by Article 361.
No criminal proceedings can be instituted or continued against the Governor during the term of office.
The Governor cannot be arrested or imprisoned during the term.
For certain civil proceedings concerning personal acts, constitutional notice requirements apply.
But do not misunderstand this immunity.
It does not mean every constitutional action associated with the Governor's office is completely beyond judicial scrutiny.
Courts may examine the constitutional validity of governmental or institutional action while respecting the Governor's personal immunity.
This distinction was again relevant in the 2025 Article 200 ruling.
Governor vs President
| President | Governor |
|---|---|
| Constitutional head of Union | Constitutional head of State |
| Indirectly elected | Appointed by President |
| Normally 5-year term | Normally 5-year term, during President's pleasure |
| Article 74 | Article 163 |
| No broad express discretion clause like Article 163 | Constitution expressly recognises limited discretion |
| Article 72 clemency | Article 161 clemency |
| Article 123 Ordinance | Article 213 Ordinance |
| Article 111 assent | Article 200 assent |
| Can be impeached | No impeachment |
| Resigns to Vice-President | Resigns to President |
Important Articles for Revision
Article 153 — Governor of States
Article 154 — Executive power of State
Article 155 — Appointment
Article 156 — Term and President's pleasure
Article 157 — Qualifications
Article 158 — Conditions of office
Article 159 — Oath
Article 160 — Contingencies
Article 161 — Pardoning power
Article 162 — Extent of State executive power
Article 163 — Aid and advice + discretion
Article 164 — Chief Minister and Ministers
Article 165 — Advocate-General
Article 167 — Chief Minister's duties towards Governor
Article 168 — Governor as part of State Legislature
Article 171 — Legislative Council nominations
Article 174 — Sessions, prorogation, dissolution
Article 176 — Special address
Article 200 — Assent to Bills
Article 201 — Bills reserved for President
Article 202 — State Budget
Article 213 — Ordinance
Article 356 — Failure of constitutional machinery
Article 361 — Constitutional immunity
UPSC PYQ 1 — Mains 2026, GS-II
UPSC asked:
“Discuss the position of the Governor in the federal polity of India. What is the nature of his power while giving assent to a bill passed by the State Legislature? Is he bound by the aid and advice of his Council of Ministers in all his functions?”
15 Marks | 250 words
This is almost the entire core of the Governor chapter.
A strong answer should cover:
- Governor as constitutional head,
- appointment by the Union,
- Article 163 aid and advice,
- limited discretion,
- current Article 200 position,
- 2025 Presidential Reference,
- federalism and constitutional morality.
Takeaway
UPSC is no longer satisfied with a simple list of Governor's powers.
It expects students to understand the constitutional tension between elected State governments and gubernatorial discretion.
UPSC PYQ 2 — Prelims 2025
Consider the following statements:
- The Constitution explicitly mentions that in certain spheres the Governor acts in his or her own discretion.
- The President can, on his or her own, reserve a State Bill for consideration without it being forwarded by the Governor.
Which statement is correct?
Answer: Statement 1 only.
Why?
Article 163 expressly recognises situations where the Governor acts in discretion.
But the President cannot simply pick up a State Bill independently. The Bill reaches the President through the constitutional process of reservation.
Takeaway
Article 163 + Article 200 + Article 201 should be studied together.
UPSC PYQ 3 — Prelims 2025
UPSC also tested constitutional immunities.
The question included the following propositions:
- Governor is not answerable to a court for exercise and performance of official powers and duties.
- No criminal proceedings can be instituted or continued against the Governor during the term.
- State legislators enjoy protection for things said within the House.
Answer: All three were correct.
For the Governor, the relevant provision is Article 361.
Takeaway
Do not study the Governor only through Articles 153–161. Article 361 is also important.
UPSC PYQ 4 — Mains 2022
UPSC asked:
“Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.”
This directly tested Article 213.
A strong answer should mention:
- Legislature not being in session,
- need for immediate action,
- temporary nature of an Ordinance,
- requirement of legislative scrutiny,
- D.C. Wadhwa,
- Krishna Kumar Singh.
Takeaway
Repeated Ordinances cannot be used to avoid the elected Legislature.
UPSC PYQ 5 — Prelims 2014
UPSC asked which of the following were discretionary powers of the Governor:
- sending a report for President's Rule,
- appointing Ministers,
- reserving certain State Bills for President,
- making rules for State government business.
Correct answer: 1 and 3 only.
The Governor does not generally appoint Ministers independently; other Ministers are appointed on the Chief Minister's advice.
Similarly, normal rules for government business are not an open field of personal discretion.
Important Prelims Traps
Trap 1
Governor is elected by the State Legislature.
Wrong.
The Governor is appointed by the President.
Trap 2
The same person cannot be Governor of two States.
Wrong.
The Constitution permits it.
Trap 3
Governor has a guaranteed five-year tenure.
Wrong.
The Governor holds office during the President's pleasure.
Trap 4
Governor can be impeached by the State Legislature.
Wrong.
There is no impeachment procedure.
Trap 5
Governor's discretion under Article 163 is unlimited.
Wrong.
It is constitutionally limited.
Trap 6
Governor can personally decide whether a government has majority.
Wrong.
The floor of the Assembly is ordinarily the proper forum.
Trap 7
Governor may indefinitely keep a Bill without any constitutional accountability.
Wrong.
The 2025 Constitution Bench rejected indefinite constitutional inaction, although it also rejected judicially imposed fixed timelines and deemed assent.
Trap 8
After the 2025 judgment, every Article 200 Bill automatically becomes law after a fixed number of months.
Wrong.
There is no such deemed assent rule.
Trap 9
President can directly reserve any State Bill for himself or herself.
Wrong.
The reservation process begins through the Governor under Article 200.
Trap 10
Governor's Article 161 power is a personal mercy power.
Wrong.
It operates through the constitutional system of ministerial advice.
Trap 11
Article 361 means every action relating to the Governor is completely beyond court review.
Wrong.
Article 361 protects the Governor personally, but constitutional actions of the office can still raise judicially reviewable issues within recognised limits.
Five Practice MCQs
Q1. Consider the following statements:
- The same person may be appointed Governor of two or more States.
- The Governor is elected by elected members of the State Legislature.
- A Governor normally holds office for five years but also holds office during the pleasure of the President.
Which statements are correct?
A. 1 only
B. 1 and 3 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: B. 1 and 3 only
The Governor is appointed by the President, not elected.
Q2. Which of the following may involve constitutional discretion of the Governor?
- Choosing a Chief Minister where no party has clear majority
- Reserving a Bill for the President
- Reporting breakdown of constitutional machinery
- Independently selecting every State Minister
A. 1 and 2 only
B. 2 and 3 only
C. 1, 2 and 3 only
D. 1, 2, 3 and 4
Answer: C. 1, 2 and 3 only
Other Ministers are ordinarily appointed on the advice of the Chief Minister.
Q3. With reference to Article 200, consider the following statements:
- A Governor may assent to a State Bill.
- A Governor may reserve a Bill for consideration of the President.
- A Governor may indefinitely use a pocket veto without any possibility of constitutional scrutiny.
- Courts can automatically declare deemed assent after a judicially fixed deadline.
Which statements are correct?
A. 1 and 2 only
B. 1, 2 and 3 only
C. 1, 2 and 4 only
D. All four
Answer: A. 1 and 2 only
The November 2025 Constitution Bench rejected fixed judicial timelines and deemed assent, while still recognising limited intervention in cases of prolonged unexplained inaction.
Q4. Article 213 deals with:
A. Pardoning power of Governor
B. Governor's Ordinance-making power
C. Governor's power to report constitutional failure
D. Appointment of Chief Minister
Answer: B. Governor's Ordinance-making power
Q5. Which pair is incorrectly matched?
A. Article 161 — Governor's clemency power
B. Article 163 — Aid and advice
C. Article 200 — Assent to State Bills
D. Article 356 — Impeachment of Governor
Answer: D.
Article 356 deals with failure of constitutional machinery in a State and President's Rule.
There is no impeachment procedure for the Governor.
Why the Governor Becomes Controversial
The Constitution expects the Governor to occupy a difficult position.
The Governor must remain above everyday party politics while also performing some sensitive constitutional functions.
Problems arise when Governors are perceived to:
- delay Bills,
- interfere unnecessarily with elected governments,
- use discretion during government formation in a partisan way,
- create disputes over Assembly sessions,
- recommend Article 356 without adequate grounds.
On the other side, the office can be genuinely important when:
- no party has a clear majority,
- constitutional government has broken down,
- a Bill raises serious constitutional concerns,
- political instability makes a neutral constitutional authority necessary.
So the debate is not really about whether India should have a Governor who performs constitutional functions.
The real question is:
How can discretion be exercised without turning constitutional supervision into political interference?
Sarkaria Commission: Useful Mains Value Addition
The Sarkaria Commission wanted the Governor's office to remain politically neutral.
Its broad recommendations included preference for a person who:
- is eminent in some field,
- comes from outside the State,
- is detached from local politics,
- has not been too closely involved in active politics immediately before appointment.
The larger objective was simple:
Governor should inspire confidence across political parties.
What Should Guide the Governor?
A good answer can use four principles:
1. Constitutional neutrality
The Governor should not act as a representative of any political party.
2. Floor-test principle
Majority should be tested in the Assembly.
3. Limited discretion
Article 163 should not become a licence for general intervention.
4. Constitutional dialogue
Under Article 200, disagreement should not become indefinite obstruction.
These principles help balance the authority of the Governor with the democratic legitimacy of the elected State government.
Mains Practice Question
“The office of Governor is essential to India's federal structure, but the manner in which discretionary powers are exercised often becomes a source of Centre–State friction.” Discuss.
A good answer can begin with:
Articles 153, 154 and 163
Then discuss:
- constitutional head,
- Union appointment,
- Article 163 discretion,
- hung Assembly,
- floor tests,
- Article 200,
- Article 356,
- B.P. Singhal,
- S.R. Bommai,
- Nabam Rebia,
- 2025 Presidential Reference.
The criticism section can mention:
- alleged politicisation,
- Bill delays,
- unstable-government situations,
- Centre–State tensions.
The way forward can use:
- Sarkaria Commission,
- neutral appointments,
- reasoned constitutional action,
- respect for elected governments,
- judicially developed federal principles.
How to Write a Topper-Level Mains Answer
A basic answer may say:
“The Governor is the constitutional head of the State.”
A stronger answer says:
“The Governor is constitutionally designed as the nominal State executive under Articles 153–154, but the office also occupies a sensitive federal position because the Governor is appointed by the Union while functioning within a State governed by an elected Council of Ministers.”
Similarly, instead of writing:
“Governor has discretionary powers.”
Write:
“Article 163 recognises limited constitutional discretion, but Nabam Rebia makes clear that discretion cannot be converted into a general power to override responsible government.”
And for Article 200:
“The 2025 Presidential Reference rejects both extremes: the Governor cannot create indefinite legislative paralysis, but courts also cannot replace the constitutional process through fixed timelines or deemed assent.”
That turns a factual answer into an analytical one.
60-Second Revision
153 → Governor
154 → State executive power
155 → Appointed by President
156 → 5 years + President's pleasure
157 → Citizen + 35 years
159 → Oath
161 → Clemency
163 → Aid and advice + limited discretion
164 → Chief Minister
165 → Advocate-General
167 → CM informs Governor
168 → Governor part of State Legislature
171 → Legislative Council nominations
174 → Sessions
200 → Assent to Bills
201 → President considers reserved Bills
202 → State Budget
213 → Ordinance
356 → President's Rule
361 → Immunity
Five Things You Should Never Forget
1.
Governor is appointed, not elected.
2.
Five-year tenure is subject to President's pleasure.
3.
Article 163 discretion is limited, not general.
4.
Majority is normally tested on the floor of the House.
5.
Under the current Article 200 position, there are no judicially created fixed assent timelines or deemed assent, but indefinite unexplained inaction is also not constitutionally immune.
Final Takeaway
The Governor is not supposed to govern the State.
That responsibility belongs to the elected Chief Minister and Council of Ministers.
At the same time, the Governor is not completely identical to a ceremonial figure.
The Constitution gives the office certain sensitive functions, particularly in situations involving:
- government formation,
- legislative assent,
- constitutional breakdown,
- federal concerns.
The difficulty begins when the line between constitutional discretion and political interference becomes blurred.
The best way to understand the Governor is therefore neither as an “agent of the Centre” nor as an independent ruler of the State.
The Governor should function as a:
neutral constitutional head who respects the mandate of the elected government while protecting the Constitution in the limited situations where independent judgment is genuinely required.
That balance is the real constitutional purpose of the office.
Sources and Standard References
Read the official Constitution of India
Read the Supreme Court judgment
Official McGraw Hill — Indian Polity by M. Laxmikanth
