Governor of a State: Appointment, Powers, Discretion and Controversies (UPSC Notes + PYQs)

Who is the Governor and why is the Governor appointed?

India chose a parliamentary system in the States too, so each State needs a nominal head in whose name executive power is exercised (Art. 154). The framers chose appointment by the President over direct election to avoid a clash between two elected leaders, the Governor and the Chief Minister. The Governor also acts as a link between the Union and the State. The 7th Amendment (1956) allows the same person to be Governor of two or more States.

Appointment, qualifications, term and removal

• Appointment: by the President by warrant under hand and seal (Art. 155).
• Qualifications: citizen of India, at least 35 years old (Art. 157); must not hold any other office of profit (Art. 158).
• Term: five years, but holds office during the pleasure of the President (Art. 156). There is no impeachment procedure.
• Removal: in B.P. Singhal v. Union of India (2010) the Supreme Court held that the pleasure doctrine cannot be used arbitrarily or merely because of a change of government at the Centre, and that removal is open to limited judicial review.

Powers of the Governor

• Executive: appoints the Chief Minister and, on the CM’s advice, other ministers, the Advocate General and State Election Commissioner; appoints members of the State PSC.
• Legislative: summons, prorogues and dissolves the Assembly (Art. 174); addresses it; assents to Bills (Art. 200); issues ordinances when the legislature is not in session (Art. 213).
• Financial: money bills need prior recommendation; the budget is laid in the Governor’s name.
• Judicial: pardons and remits sentences for offences against State laws (Art. 161).

Discretionary powers of the Governor (Article 163)

Article 163 says the Governor acts on ministerial advice “except in so far as he is by or under this Constitution required to exercise his functions… in his discretion”. Constitutional discretion includes reserving a Bill for the President (Art. 200), reporting to the President under Art. 356, and special responsibilities in some States (e.g. Art. 371 provisions, Sixth Schedule areas). Situational discretion covers choosing a Chief Minister when no party has a clear majority. In Nabam Rebia (2016) the Supreme Court held that discretion is narrow and cannot be used to override an elected government’s advice in routine matters.

Assent to Bills: Article 200 and the delay controversy

For a Bill passed by the State legislature the Governor may give assent, withhold assent, return it (if not a money bill) for reconsideration, or reserve it for the President. If the legislature passes it again, the Governor cannot withhold assent, though reservation is still possible. Long delays prompted the Supreme Court in State of Tamil Nadu v. Governor of Tamil Nadu (2025) to hold that the Governor cannot sit on Bills indefinitely. That ruling fixed time limits and treated some pending Bills as having received “deemed assent”. The President then made a reference under Article 143, and on 20 November 2025 a five-judge Constitution Bench gave its opinion: courts cannot impose fixed timelines on the Governor or the President, and cannot declare deemed assent. The Governor has three real options (assent, reserve for the President, or withhold and return the Bill with reasons) and cannot simply sit on a Bill; in cases of prolonged, unexplained and indefinite inaction, a court may issue a limited direction to decide within a reasonable time.

Why is the Governor not from the same State? (Sarkaria and Punchhi)

This is a convention, not a constitutional rule. The Sarkaria Commission (report 1988) recommended an eminent person from outside the State, detached from local politics and not recently active in politics. The Punchhi Commission (report 2010) recommended a fixed tenure and removal only through a resolution of the State legislature. Neither recommendation has been made binding.

President and Governor compared

Key judgments on the Governor

• Shamsher Singh (1974): Governors and the President act on ministerial advice except where the Constitution clearly gives discretion.
• S.R. Bommai (1994): majority must be tested on the floor of the Assembly.
• B.P. Singhal (2010): “pleasure” is not a licence for arbitrary removal; a Governor cannot be removed merely because the Union government has changed.
• Nabam Rebia (2016): the Governor cannot summon or advance an Assembly session at his own will against the Cabinet’s advice.
• State of Punjab v Principal Secretary to the Governor (2023): a Governor who withholds assent must return the Bill to the legislature.

What commissions have recommended

The Sarkaria Commission (1988) wanted an eminent outsider who has not been active in recent politics, appointed after consulting the Chief Minister. The National Commission to Review the Working of the Constitution (2002) backed consultation with the Chief Minister. The Punchhi Commission (2010) suggested a fixed five-year term, removal only through a resolution of the State legislature, and a time limit for decisions on Bills. None of these has been written into the Constitution, which is why disputes keep reaching the courts.

Way forward

• Codify conventions on government formation and the floor test.
• Choose Governors through a transparent process and give them security of tenure.
• Record reasons whenever assent is withheld or a Bill is reserved, so legislatures can respond.

Governor: UPSC angle

Governor UPSC PYQs (Prelims)

Questions UPSC has actually asked, from the official papers. Pick an option to check yourself.

Mains PYQs on this topic

Questions from the official UPSC Mains papers (2023-2026 in the Battle IAS Mains bank), newest first. Each links to a model answer.

1. UPSC Mains 2026 · GS Paper II · Q11 · 15 marks

   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?

   Model answer and approach

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