What is the Governor's Role?

The Governor is the constitutional head of a state in India, appointed under Article 155 by the President of India. Articles 153 to 167 in Part VI of the Constitution define the Governor's office, powers, and functions. The Governor serves as the formal executive head of the state — all executive action of the state government is taken in the Governor's name (Article 166), though in practice governance is carried out by the Council of Ministers headed by the Chief Minister (Article 163).

The Governor's role has been one of the most debated aspects of Indian federalism. While the Constitution envisions the Governor as a constitutional figurehead acting on ministerial advice, it also grants certain discretionary powers — particularly in situations like hung assemblies, appointment of Chief Ministers, reservation of bills for Presidential consideration, and dismissal of state governments. The phrase "during the pleasure of the President" (Article 156) means the Governor has no fixed tenure and can be removed at any time, making the office susceptible to political influence by the Centre.

Several commissions — the Sarkaria Commission (1988), National Commission to Review the Working of the Constitution (NCRWC, 2002), and Punchhi Commission (2010) — have recommended reforms to strengthen the Governor's independence, including fixed tenure, appointment by a committee, and restricted use of discretionary powers. The Supreme Court has also laid down guidelines, notably in Nabam Rebia v. Deputy Speaker (2016).

Key Features / Provisions

# Feature Details
1 Article 153 There shall be a Governor for each state; one person can be Governor of two or more states
2 Article 155 Governor appointed by the President (by warrant under his hand and seal)
3 Article 156 Holds office during the pleasure of the President; normal term is 5 years
4 Article 157-158 Qualifications: citizen of India, at least 35 years old; must not hold any office of profit
5 Article 163 Must act on advice of the Council of Ministers, except where the Constitution requires discretion
6 Article 164 CM appointed by the Governor; other ministers appointed on CM's advice
7 Article 200 Can reserve a bill for Presidential consideration — key discretionary power
8 Article 201 President may assent, withhold assent, or return the bill (except money bills)
9 Article 161 Pardoning power — can pardon, reprieve, respite, remit, or commute sentences for offences under state laws
10 Article 165 Appoints the Advocate General of the state
11 Article 167 CM must communicate all Council of Ministers' decisions and legislative proposals to the Governor
12 Article 356 Governor's report to the President can trigger President's Rule in the state
13 Fifth/Sixth Schedule Special responsibilities in Scheduled Areas and tribal areas

Historical Background

  • 1950 — Constitution came into force; Governors appointed as constitutional heads of states
  • 1950s-1960s — Governors generally acted as ceremonial heads; limited controversy
  • 1967 — Fourth General Elections produced non-Congress governments in many states — Governor's role in government formation became contentious
  • 1970s-1980s — Governors increasingly used to topple opposition state governments; widespread misuse of Article 356
  • 1983 — Sarkaria Commission constituted to examine Centre-State relations
  • 1988 — Sarkaria Commission Report recommended: Governors should be eminent persons, not active politicians; should be appointed in consultation with the CM; should not be removed arbitrarily
  • 1994 — S.R. Bommai v. Union of India — SC laid down strict guidelines on Governor's role in recommending President's Rule; floor test mandatory
  • 2002 — NCRWC (Venkatachaliah Commission) recommended: Governor should be appointed by a committee (PM, Home Minister, Speaker, CM of the state); fixed 5-year tenure
  • 2004 — Rameshwar Prasad v. Union of India — SC struck down dissolution of Bihar Assembly; Governor's recommendation for dissolution was held unconstitutional
  • 2010 — Punchhi Commission recommended: Governors should not be removed until completion of 5-year term; Lokpal-like mechanism for Governor's accountability
  • 2016 — Nabam Rebia v. Deputy Speaker — SC held that Governor cannot act as per his own discretion to summon, prorogue, or dissolve the House; must act on aid and advice of CoM

UPSC Exam Corner

Prelims: Key Facts

  • Articles: 153-167 (Part VI — The States)
  • Appointment: By the President (Article 155)
  • Tenure: During the pleasure of the President; normal term 5 years
  • Qualifications: Indian citizen, minimum 35 years old
  • Discretionary powers: Appointing CM in hung assembly, reserving bills (Article 200), recommending President's Rule (Article 356), special responsibilities in Fifth/Sixth Schedule areas
  • Pardoning power: Article 161 (cannot pardon death sentence — only President can under Article 72)
  • Key commissions: Sarkaria (1988), Venkatachaliah/NCRWC (2002), Punchhi (2010)
  • Key cases: S.R. Bommai (1994), Rameshwar Prasad (2004), Nabam Rebia (2016)

Mains: Probable Themes

  1. "The Governor is an agent of the Centre, not a constitutional head." — Discuss the "pleasure doctrine," lack of fixed tenure, and political appointments
  2. "Examine the discretionary powers of the Governor and their implications for federalism." — Article 200 (reservation of bills), Article 356 (President's Rule), CM appointment
  3. "Evaluate the recommendations of the Sarkaria, NCRWC, and Punchhi Commissions on the Governor's office." — Compare their recommendations and implementation status
  4. "The Governor's role in government formation reveals the fragility of India's federal design." — Hung assemblies, floor test mandate (Bommai judgment), recent controversies
  5. "Should the Governor's office be reformed or abolished?" — Arguments for fixed tenure, committee-based appointment, or direct election vs retention of current system

Sources: Constitution of India — Article 163 | ClearIAS — Governor of States | Raj Bhavan Sikkim — Constitutional Role | BYJU'S — Governor