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PolityFree till Sep 9

Governor: Appointment, Powers, and Controversies

July 19, 2026

TOPIC CLASSIFICATION

Subject: Polity | Topic: State Executive Sub-topic: Governor — Appointment, Powers (executive, legislative, financial, discretionary), Controversies Prelims Focus: Article 155–156; qualifications; oath; powers; Article 163 (aid and advice); Article 200 (bill reservation) Mains Focus: Governor as Centre's agent vs constitutional head, discretionary powers, Article 356 misuse, Punchhi Commission recommendations

EXAMINER REASONING

The Governor is the constitutional head of a state but often becomes a point of friction in Centre-state relations. UPSC Prelims tests specific articles and powers. Mains questions analyse the Sarkaria and Punchhi Commission recommendations, the Governor's role in hung assemblies, and the controversy around Article 356 (President's Rule).

Core Concept

The Governor is the constitutional head of a state under Article 153, acting as the nominal executive. The Governor is appointed by the President and holds office "during the pleasure of the President" (Article 156).

Appointment and Tenure

AspectDetail
AppointmentBy the President of India (on PM's recommendation)
Eligibility (Art. 157)Citizen of India; 35+ years; not a member of Parliament or state legislature
Term (Art. 156)Normally 5 years; holds office during President's pleasure — can be removed at any time
Oath (Art. 159)Administered by the Chief Justice of the High Court
Constitutional OathPreserve, protect, defend the Constitution

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Delimitation Commission: Process, Issues, and Impact on Federalism

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AMRUT: Urban Infrastructure and Water Supply

Salary
Charged on the Consolidated Fund of the State (not votable)

Powers of the Governor

Power CategoryKey ArticlesDetails
ExecutiveArt. 154, 162, 166Executive power of state; appoints CM and ministers
LegislativeArt. 168, 174, 200Summon/prorogue/dissolve LA; address; reserve bills for President; ordinance (Art. 213)
FinancialArt. 202, 203, 204Budget (Annual Financial Statement); contingency fund
JudicialArt. 161Pardoning power (state offences — not death penalty against Union law)
DiscretionaryArt. 163(1), 200, 356Recommendation for President's Rule; reservation of bills; appointment of CM in hung assembly

Controversial Discretionary Powers

  • Article 356 recommendation: Governor's report is the basis for President's Rule — often alleged to be misused for political reasons.
  • Bill reservation under Article 200: Governor can reserve state bills for President's consideration — used as a tool against state government legislation.
  • Hung assembly scenario: Governor's discretion in inviting the largest party/coalition — multiple Supreme Court judgments (S.R. Bommai, Rameshwar Prasad, Shivraj Patil).

Key Facts

  • Sarkaria Commission (1983): Governor should be an eminent person from outside the state; should not be removed before 5-year term (still not implemented).
  • Punchhi Commission (2010): Governor must consult CM on ordinance-making; veto power on bills should be defined; time limit for returning bills.
  • Article 153: There shall be a Governor for each state (but one person can be Governor of multiple states — Article 153 proviso).
  • Dual role: Governor is the nominal head of the state and also the representative of the Centre.
  • Bommai case (1994): SC ruled that Governor's report under Article 356 is justiciable and cannot be based on irrelevant material.
  • Removal: No impeachment process — can be removed at any time by the President.

PYQ Table

YearQuestionMarks
2023"The Governor's office has been a subject of contention in Centre-state relations." Examine.15
2022Which Article empowers the Governor to reserve a bill for the President's consideration? (Prelims)2
2021"The discretionary powers of the Governor are a threat to federalism." Discuss.12
2020Under which Article does the Governor have the power to grant pardons? (Prelims)2
2019S.R. Bommai case is related to — (Prelims)2

Statement Elimination Guide

  1. "The Governor is an elected official." → False. Appointed by the President (on PM recommendation).
  2. "The Governor can be impeached like the President." → False. No impeachment; holds office during President's pleasure — can be removed without cause.
  3. "The Governor must always act on the advice of the Council of Ministers." → False. Under Article 163(1), Governor has discretionary powers in certain situations (e.g., hung assembly, Art. 356 report, bill reservation).
  4. "The Governor can pardon death sentences." → False. Governor can pardon, reprieve, etc. for state offences only — not for death sentences under IPC (President under Art. 72 can).

Current Affairs Hook

  • 2025: Supreme Court issues guidelines for Governors in bill reservation and assent decisions (deadline for returning bills).
  • 2024: Kerala Governor vs State Government over pending bills — matter in SC.
  • 2023: Tamil Nadu Governor row over bill assent — Pusphpa case highlights discretionary power misuse.
  • 2022: Maharashtra political crisis — Governor's role in floor test; SC judgement on Governor's notice period for trust vote.
  • 2021: Telangana Governor denies assent to 10 bills — state government moves SC.
  • 2020: Governors' role during COVID-19 — coordination vs constitutional obligations.

Interlinkages

  • Federalism: Governor as Centre's agent creates friction — Punchhi Commission recommendations aim to strengthen federal balance.
  • President (Art. 155–156): Governor is appointed by President — similar to President's function at state level.
  • Article 356 Misuse: S.R. Bommai — SC limited arbitrary dismissal of state governments.
  • Judicial Review: Supreme Court is the final authority on Governor's discretionary actions.
  • Political Crisis: Governors' actions in floor tests, defection cases (Kihoto Hollohan, Nabam Rebia judgments).
  • Cooperative Federalism: Punchhi Commission's model of "Cooperative Federalism" includes reforms to Governor's role.

Common Mistakes

  • Thinking the Governor has the same immunity as the President — Governor has lesser constitutional immunity.
  • Believing the Governor is bound by CM advice on all matters — discretionary powers exist under Art. 163(1).
  • Confusing Governor's ordinance power (Art. 213) with President's (Art. 123) — similar but requires CM's advice.
  • Assuming all Governor appointments need consent of state — no; purely PM/Centre decision.
  • Missing that a Governor can be appointed for multiple states (proviso to Art. 153).

Revision Snapshot

ArticleContent
Art. 153Governor for each state
Art. 155Appointment by President
Art. 156Term (5 yrs, pleasure of President)
Art. 157Eligibility
Art. 159Oath
Art. 161Pardoning power
Art. 163Council of Ministers to aid/advise (discretion exception)
Art. 200Assent to bills, reserve for President
Art. 213Ordinance-making power
Art. 356President's Rule (on Governor's report)

Source Notes

  • Constitution of India – Articles 153–167
  • Sarkaria Commission Report (1983) – Centre-State Relations
  • Punchhi Commission Report (2010) – Centre-State Relations
  • S.R. Bommai v. Union of India (1994) — SC Judgment
  • Nabam Rebia v. Deputy Speaker (2016) — SC on Governor's role in Arunachal
  • PRS India – Governor's Powers in Bill Assent (2023)
  • Law Commission Report No. 273 – Governor's Ordinance Power