Governor of State - Appointment, Powers, Discretionary Powers, and Constitutional Role

Governor of State (India) – Appointment, Powers, Discretionary Powers, and Constitutional Role

Imagine a situation: an election result comes, but no party has a clear majority. TV channels are shouting "hung Assembly". Parties are claiming support letters. Everyone is asking one question: Who will decide whom to invite to form the government? In most cases, the answer is the Governor.

Or think of another situation: the State Assembly passes a Bill, but it stays pending for months without assent. Again, the spotlight turns to the Governor's constitutional role.

That is why the Governor is one of the most debated offices in Indian polity—because the Governor is expected to be above politics, yet the Governor works in a very political environment.

1. Constitutional Position of the Governor

1.1 Where does the Governor fit in the Constitution?

The Governor is part of the State Executive along with the Chief Minister, Council of Ministers, and the Advocate General. Constitutionally, the executive power of the State is vested in the Governor, but it is generally exercised through ministers who are responsible to the elected House.

• Governor as the head of State: Like the President at the Centre, the Governor is the formal head of the State.
• Governor as part of State Legislature: The Governor is also a part of the State Legislature (where there is a Legislature), similar to the President being part of Parliament.
• Governor as a link: The Governor is often seen as a constitutional bridge between the Union and the State.

1.2 One Governor for more than one State

The Constitution allows one person to be appointed as Governor for two or more States. This is done for administrative convenience and coordination. For example, smaller States sometimes share a Governor.

2. Appointment, Tenure, Qualifications, Oath, and Removal

2.1 Appointment

The Governor is appointed by the President. This means the Governor is not elected by the people or by the State Legislature.

• This method is called the "Central appointment model".
• The idea is to keep the Governor as a neutral constitutional authority, not as a local party politician.

2.2 Term of office

The normal term is 5 years. But this "5 years" is not a guaranteed fixed tenure in the practical sense because of the concept of pleasure of the President.

• Holds office during the pleasure of the President: The Governor can be removed before completing 5 years.
• May continue beyond 5 years: The Governor may continue until a successor assumes office.
• Resignation: The Governor can resign by writing to the President.

2.3 Qualifications

To be appointed as Governor, a person must:

• Be a citizen of India.
• Be at least 35 years of age.

2.4 Conditions of office (important for Prelims)

• The Governor cannot be a member of Parliament or a State Legislature. If such a person is appointed, they must resign their seat.
• The Governor should not hold any office of profit.
• Salary and allowances are charged on the Consolidated Fund of the State (or shared if one Governor serves multiple States).
• The Governor's emoluments cannot be reduced during the term.

2.5 Oath and affirmation

Before entering office, the Governor takes an oath to:

• Faithfully execute the office.
• Preserve, protect and defend the Constitution and the law.
• Devote themselves to the service and well-being of the people of the State.

2.6 Immunities (often asked in prelims)

The Governor enjoys constitutional protection:

• No criminal proceedings during term in office.
• No arrest or imprisonment during term.
• Civil proceedings can be initiated only with certain conditions and notice.

2.7 Removal and the "pleasure doctrine"

Because the Governor holds office during the pleasure of the President, removal is possible. But the Supreme Court has clarified that this power cannot be used arbitrarily. In short, "pleasure" is not a license for misuse.

• The Governor is expected to be removed only for valid constitutional reasons, not for simple political dislike.
• Frequent removals after a change of government at the Centre create the impression that Governors are political appointments.

3. Core Constitutional Role of the Governor

3.1 Constitutional head, not political boss

The Governor is expected to act as a constitutional head. This means:

• The Governor normally acts on the aid and advice of the Council of Ministers.
• The Governor should not run the government directly.
• The Governor should ensure that the government works within constitutional boundaries.

3.2 The "dual nature" debate: Neutral head vs agent of Centre

In theory, the Governor is a neutral constitutional authority. In practice, controversies arise because:

• The Governor is appointed by the Centre.
• The Governor has key roles during political uncertainty (hung Assembly, President's Rule, etc.).

This creates a perception issue: Is the Governor an independent constitutional guardian or an agent of the Union? UPSC often tests this as a critical analysis question.

4. Powers of the Governor: A Complete Classification

For UPSC, it is best to study Governor's powers under five heads:

• Executive powers
• Legislative powers
• Financial powers
• Judicial powers
• Discretionary powers (treated separately because it is the most debated area)

5. Executive Powers of the Governor

5.1 Appointment of the Chief Minister

The Governor appoints the Chief Minister. But the Governor's "freedom" depends on the election outcome:

• Clear majority: Governor's role is simple—invite the leader of the majority party/coalition.
• Hung Assembly: Governor's role becomes crucial and sensitive (more on this in Discretionary Powers).

5.2 Appointment of Ministers

Ministers are appointed by the Governor on the advice of the Chief Minister. The Council of Ministers is collectively responsible to the State Legislative Assembly.

5.3 Appointment of the Advocate General

The Governor appoints the Advocate General of the State, who is the highest law officer of the State.

5.4 Appointments to key constitutional bodies in the State

• State Election Commissioner: Appointed by the Governor (crucial for panchayat and municipal elections).
• State Finance Commission: Appointed by the Governor to review local body finances.
• State Public Service Commission members: Appointed by the Governor (though removal process involves the President in many cases).

5.5 Administrative role and communication with the government

The Governor can ask the Chief Minister to provide information regarding:

• State administration and policy decisions.
• Legislative proposals.
• Decisions taken by ministers.

The Governor can also require the Chief Minister to place a matter before the Council of Ministers if a minister has taken a decision individually without proper collective consideration.

5.6 Role as Chancellor (by State laws)

In many States, Governors function as Chancellors of State universities due to State laws. This becomes controversial when disagreements arise over:

• Appointments of Vice-Chancellors
• University governance
• Academic autonomy vs government control

6. Legislative Powers of the Governor

6.1 Governor as part of State Legislature

In States with a Legislature, the Legislature consists of the Governor and the Houses (Legislative Assembly, and Legislative Council if present). This is why many legislative processes are incomplete without the Governor's role (especially assent to Bills).

6.2 Summoning, proroguing, and dissolving the Assembly

• Summon: Call the House to meet.
• Prorogue: End a session.
• Dissolve: End the life of the Legislative Assembly (fresh elections needed).

Normally these actions happen on the advice of the Council of Ministers. But in special political situations (like loss of majority), discretion issues arise.

6.3 Address and messages to the House

• The Governor addresses the first session of the Legislature after elections.
• The Governor can send messages to the House(s).

Practically, the Governor's address reflects the policies of the elected government (it is written by the government), but controversies arise when Governors disagree with content.

6.4 Nomination to Legislative Council

If the State has a Legislative Council, the Governor nominates some members with special knowledge or practical experience in fields like literature, science, art, cooperative movement, and social service.

6.5 Assent to Bills (Most important topic)

When a Bill is passed by the State Legislature, it goes to the Governor. The Governor has multiple options:

Key point: If the Legislature passes the Bill again after reconsideration, the Governor is generally expected to give assent. Still, debates arise around "delays" and "reservation".

6.6 Ordinance-making power

When the State Legislature is not in session and immediate action is needed, the Governor can promulgate an Ordinance. But this power has strict limits:

• It must be laid before the Legislature when it reassembles.
• It generally ceases after six weeks from the date of reassembly unless approved.
• Ordinances are meant for emergencies, not as a routine alternative to law-making.

Repeated re-promulgation of ordinances is considered constitutionally improper and has been strongly criticised by the judiciary.

7. Financial Powers of the Governor

7.1 Budget and money matters

• The Annual Financial Statement (State Budget) is laid before the Legislature in the name of the Governor.
• A Money Bill can be introduced only with the recommendation of the Governor.
• Demands for grants also generally require the Governor's recommendation.

7.2 Contingency Fund of the State

The Governor has control over the Contingency Fund, which is used for urgent, unforeseen expenditure pending legislative approval.

7.3 State Finance Commission

The Governor constitutes the State Finance Commission to recommend how financial resources should be shared between the State and local bodies (Panchayats and Municipalities).

8. Judicial Powers of the Governor

8.1 Pardoning power

The Governor has the power to grant:

• Pardon
• Reprieve
• Respite
• Remission
• Suspension
• Commutation

This power applies to offences where the State's executive power extends. Courts have also held that this power is not absolute; it is subject to judicial review in cases of mala fide intentions, irrelevant considerations, or arbitrariness.

8.2 Consultation in High Court judge appointment

In the appointment of High Court judges, the Governor is one of the constitutional authorities consulted by the President.

9. Discretionary Powers of the Governor (Most Scored + Most Controversial)

9.1 The basic rule: Aid and advice is the norm

The Governor is not a parallel power centre. The general rule is:

• Governor acts on aid and advice of Council of Ministers headed by CM.
• Discretion is exception, not the rule.

9.2 Types of discretionary powers

For UPSC answers, classify discretion into two categories:

10. Key Areas Where Discretion Commonly Operates

10.1 Appointment of Chief Minister in a hung Assembly

When no party has a clear majority, the Governor must decide whom to invite. This is the most sensitive discretionary area because it can change political outcomes.

Healthy constitutional approach (often recommended):

• First preference: Pre-poll alliance/coalition with clear majority.
• Next: Single largest party asked to prove majority on the floor.
• Next: Post-poll coalition with written support.
• Last: Post-poll alliance with outside support.

Why floor test matters: A letter is not final proof. The strongest proof is a floor test inside the Assembly, ideally within a short time.

10.2 Deciding whether the Chief Minister still has majority

If there are internal splits, resignations, or major defections, the Governor may require the Chief Minister to prove majority on the floor. This is linked to the principle that:

• Majority is tested on the floor of the House, not in Raj Bhavan.

10.3 Dismissal of a ministry (rare and exceptional)

Normally, the Governor cannot dismiss a ministry at will. The correct constitutional method is:

• If the government loses majority, it must resign or face defeat in the House.
• The Governor's role is to ensure constitutional process, not personal decision-making.

10.4 Dissolution of the Assembly

If the Chief Minister advises dissolution, the Governor usually accepts it. But if the Chief Minister has lost majority, the Governor may consider whether an alternative government can be formed first.

10.5 Reservation of Bills for the President

The Governor may reserve certain Bills for the consideration of the President. This is important when:

• The Bill conflicts with Central laws (especially in Concurrent List areas).
• The Bill may affect the position of the High Court.
• The Bill has larger constitutional implications.

This power is controversial when used frequently or without clear constitutional reasoning.

10.6 Sending report for President's Rule

Under breakdown of constitutional machinery, the Governor can send a report to the President. This report can become the basis for President's Rule. However:

• This power has been misused historically in India.
• Courts have clarified that such actions are subject to judicial review.
• Floor test is preferred over subjective assessment.

10.7 Special responsibilities in specific regions

In some States and regions, the Governor has special responsibilities (for example, tribal administration in Scheduled Areas/Tribal Areas). Here, the Governor can play a more direct role as per constitutional design. This is not "political discretion", but a special constitutional responsibility.

11. Governor vs Chief Minister: Who is stronger?

12. Governor vs President (Comparison Table)

13. Landmark Supreme Court Judgments on Governor

13.1 Shamsher Singh case

This is a foundational judgment for understanding Governor's powers. The Court clarified that the Governor is generally a constitutional head and normally must act on ministerial advice, except where the Constitution provides discretion.

13.2 S.R. Bommai case

This case strengthened federalism and limited misuse of President's Rule. The Court stressed that:

• Majority should be tested on the floor of the House.
• Governor's reports and the imposition of President's Rule are subject to judicial review.

13.3 Rameshwar Prasad case (Bihar Assembly dissolution)

The Court held that actions like dissolution based on improper or speculative reasoning can be unconstitutional, reinforcing the idea that Governor's actions are not beyond scrutiny.

13.4 Nabam Rebia case (Arunachal Pradesh crisis)

The Court examined Governor's role in legislative functioning and held that the Governor should not interfere in the functioning of the House beyond constitutional limits and established conventions.

13.5 B.P. Singhal case (Removal of Governors)

The Court clarified that the "pleasure" doctrine is not absolute. Removal cannot be arbitrary and must have a rational basis, even if detailed reasons are not always disclosed publicly.

13.6 Discretion and pardon-related judicial principles

Courts have also held that pardoning powers (including those of Governors) can be reviewed if exercised:

• With mala fide intention
• On irrelevant considerations
• In an arbitrary or discriminatory manner

14. Major Controversies and Issues Around the Governor's Office

14.1 "Agent of Centre" perception

Because the Governor is appointed by the President (i.e., in practice, by the Union government), State governments sometimes feel the Governor acts as a political representative of the Centre.

14.2 Delays in giving assent to Bills

A common controversy is when Bills passed by the Assembly remain pending with the Governor for a long time. This creates:

• Policy delay
• Federal friction
• Constitutional debates about the Governor's role

14.3 Interference in government functioning

Sometimes disputes arise when Governors:

• Make public comments on policy matters
• Question routine administrative decisions
• Act in ways that appear politically aligned

14.4 Role in hung Assemblies and government formation

Inviting one party over another, giving longer time to prove majority, or delaying floor tests can raise allegations of bias.

14.5 Use of Governor's report for President's Rule

This has historically been one of the biggest controversies in Indian federalism. Judicial checks have improved the situation, but debates continue.

15. Reforms and Way Forward (UPSC-ready)

15.1 What kind of Governor does the Constitution expect?

The Governor should ideally be:

• Politically neutral
• Constitutionally trained in mindset
• Respectful of democratic mandate
• Firm only when constitutional breakdown is real

15.2 What reforms are often suggested?

• Transparent appointment criteria: Select persons with dignity, public service record, and non-partisan image.
• Consultation with State leadership: Informal consultation with the Chief Minister can reduce friction.
• Security of tenure: Avoid arbitrary removals to protect neutrality.
• Clear conventions for hung Assembly: Invite majority alliances first and mandate quick floor tests.
• Time discipline for Bills: Develop a constitutional convention that assent/return/reservation decisions should happen within a reasonable time.
• Use discretion sparingly: Treat discretion as emergency tool, not routine governance.

15.3 Balanced conclusion (ideal UPSC tone)

The Governor's office is necessary for constitutional balance, but its credibility depends on restraint, neutrality, and respect for federalism. A Governor who becomes a political actor weakens the spirit of the Constitution. A Governor who acts as a constitutional guardian strengthens democracy.

16. Exam-ready Takeaways (Quick Revision)

• Governor is the constitutional head of the State; real power lies with the CM and Council of Ministers.
• Appointed by the President; holds office during the pleasure of the President; normal term is 5 years.
• Powers: Executive, Legislative, Financial, Judicial.
• Discretionary powers exist but are limited—most actions must follow aid and advice.
• Most sensitive areas: hung Assembly, floor test, bill assent/reservation, President's Rule report.
• Key cases: Shamsher Singh, S.R. Bommai, Nabam Rebia, B.P. Singhal.

17. PYQs (Previous Year Questions) with Model Answers

18. MCQs (with Answers and Explanations)

1. Q1. The Governor of a State is appointed by:

   • A. Prime Minister
   • B. Chief Minister
   • C. President of India
   • D. Parliament

   Answer: C. Explanation: The Governor is appointed by the President under the Constitution.

2. Q2. The normal term of the Governor is:

   • A. 3 years
   • B. 4 years
   • C. 5 years
   • D. 6 years

   Answer: C. Explanation: The Constitution provides a normal term of 5 years, but the Governor holds office during the President's pleasure.

3. Q3. Which of the following is TRUE?

   • A. Governor is elected by the State Legislative Assembly
   • B. Governor is a member of the State Cabinet
   • C. Governor normally acts on aid and advice of Council of Ministers
   • D. Governor is responsible to the State Legislature

   Answer: C. Explanation: The Governor is a constitutional head and normally acts on ministerial advice.

4. Q4. The ordinance-making power of the Governor can be used when:

   • A. The Assembly is dissolved
   • B. The State Legislature is not in session
   • C. The Chief Minister asks for it even if House is in session
   • D. The High Court directs it

   Answer: B. Explanation: Ordinance is an emergency legislative power used when the Legislature is not in session.

5. Q5. Discretionary powers of the Governor are:

   • A. Unlimited and absolute
   • B. Allowed only where Constitution permits or political situation demands within limits
   • C. Always exercised against the advice of CM
   • D. Same as President's emergency powers

   Answer: B. Explanation: Discretion is limited and must follow constitutional boundaries.

6. Q6. In a hung Assembly, the best constitutional way to prove majority is:

   • A. Support letters in Raj Bhavan
   • B. News channel debates
   • C. Floor test in the Assembly
   • D. Governor's personal satisfaction only

   Answer: C. Explanation: Majority should be tested on the floor of the House.

7. Q7. A Money Bill in the State Legislature can be introduced only with:

   • A. Recommendation of the Governor
   • B. Permission of the High Court
   • C. Approval of the President
   • D. Consent of the Legislative Council

   Answer: A. Explanation: Governor's recommendation is required for Money Bills in the State.

8. Q8. Which of the following is NOT a common area of Governor's discretion?

   • A. Inviting a leader to form government in hung Assembly
   • B. Reserving certain Bills for the President
   • C. Preparing the State budget personally
   • D. Sending report for President's Rule

   Answer: C. Explanation: Budget preparation is done by the elected government; Governor's role is formal/constitutional.

9. Q9. The Governor is part of the State Legislature because:

   • A. Governor votes in the Assembly
   • B. Governor's assent is required for Bills to become Acts
   • C. Governor is leader of opposition
   • D. Governor appoints all MLAs

   Answer: B. Explanation: Without assent, law-making process is incomplete.

10. Q10. The general principle regarding Governor's actions in day-to-day administration is:

    • A. Governor rules independently
    • B. Governor follows aid and advice of Council of Ministers
    • C. Governor is accountable to Parliament
    • D. Governor can veto any decision of CM at will

    Answer: B. Explanation: Governor is a constitutional head; real executive is Council of Ministers.

19. Final Wrap-up

The Governor's office is designed to support constitutional governance, not to replace elected government. The Governor becomes most visible during political uncertainty—hung Assemblies, confidence crises, Bill assent disputes, and President's Rule situations. Therefore, the success of this office depends heavily on constitutional morality: restraint, neutrality, and respect for democratic mandate.

For UPSC, always remember the balanced line: "Governor is essential for constitutional balance, but discretionary power must remain limited and principled."