The Governor is the constitutional head of a state in India and acts as the representative of the President at the state level. The Governor performs executive, legislative, judicial, and discretionary functions, ensuring the smooth administration of the state while upholding the provisions of the Indian Constitution.
1. Appointment and Tenure of the Governor
🔹 Article 153 states that each Indian state must have a Governor.
🔹 The Governor is appointed by the President of India and serves at the pleasure of the President.
🔹 Tenure: 5 years (but can be removed anytime by the President).
🔹 The Governor can be transferred to another state or continue in office until a successor takes charge.
Eligibility Criteria (Article 157 & 158)
✅ Must be a citizen of India.
✅ Must be 35 years or older.
✅ Cannot be a Member of Parliament (MP) or State Legislature (MLA/MLC).
✅ Cannot hold any office of profit.
📌 Example:
- Dr. C. Rangarajan served as the Governor of Andhra Pradesh and later of Tamil Nadu.
2. Powers of the Governor
The Governor enjoys Executive, Legislative, Judicial, and Discretionary Powers under the Constitution.
1️⃣ Executive Powers
- The Governor is the head of the state executive.
- Appoints the Chief Minister (CM) and other Council of Ministers on the advice of the CM.
- All executive actions of the state are taken in the Governor’s name.
- Appoints the Advocate General, State Election Commissioners, and State Public Service Commission members.
- Has the power to recommend President’s Rule (Article 356) if constitutional machinery fails in a state.
📌 Example:
- In Maharashtra (2019), the Governor invited different political parties to form the government during a hung assembly situation.
2️⃣ Legislative Powers
- Summons, prorogues, and dissolves the State Legislative Assembly (Article 174).
- Can send messages to the legislature regarding bills and policies.
- Gives assent to bills passed by the State Legislature.
- Can reserve bills for the President’s approval (Article 200).
- Nominates one Anglo-Indian member (Before the 104th Amendment) to the State Assembly.
- Lays the annual state budget before the legislature.
📌 Example:
- The Tamil Nadu Governor delayed giving assent to bills, creating constitutional debates about the Governor’s powers.
3️⃣ Judicial Powers
- Appoints district judges in consultation with the State High Court (Article 233).
- Can grant pardons, reprieves, respites, or remission of punishments under Article 161 (Except death penalty).
- The Governor’s judicial powers are limited compared to the President’s powers under Article 72.
📌 Example:
- In 2021, the Tamil Nadu Governor delayed the release of Perarivalan (Rajiv Gandhi Assassination Case), leading to judicial intervention.
4️⃣ Discretionary Powers
- Can dissolve the State Assembly in case of a hung assembly.
- Can recommend President’s Rule under Article 356.
- Can reserve certain bills for the President’s assent (Article 200).
- Acts as the link between the Centre and State.
📌 Example:
- In 2018, the Karnataka Governor invited the largest party (BJP) to form the government despite a post-poll alliance claiming the majority.
3. Key Articles Related to the Governor
| Article | Provision |
|---|---|
| Article 153 | There shall be a Governor for each state |
| Article 154 | Executive powers of the Governor |
| Article 163 | Governor acts on the advice of the Council of Ministers |
| Article 174 | Governor can summon, prorogue, or dissolve the State Assembly |
| Article 200 | Governor can withhold assent to bills or reserve them for the President |
| Article 213 | Governor can issue ordinances |
| Article 356 | Governor can recommend President’s Rule in a state |
| Article 161 | Governor has the power to grant pardons |
4. Important Supreme Court Cases Related to Governor
| Case | Year | Significance |
|---|---|---|
| Shamsher Singh Case | 1974 | Governor must act on the advice of the Chief Minister & Council of Ministers. |
| S.R. Bommai Case | 1994 | Limited the misuse of Article 356 (President’s Rule). |
| Rameshwar Prasad Case | 2006 | Governor cannot dissolve a state assembly arbitrarily. |
5. Governor vs. President: Key Differences
| Feature | Governor | President |
|---|---|---|
| Level | State | Union |
| Appointed By | President | Electoral College |
| Executive Powers | Limited, CM holds real power | More powers, PM holds real power |
| Legislative Powers | Assents to state bills | Assents to national bills |
| Judicial Powers | Can grant pardons except death penalty | Can grant all pardons, including death penalty |
| Ordinance Power | Article 213 | Article 123 |
| Emergency Powers | Can recommend President’s Rule (Article 356) | Declares National Emergency, President’s Rule, and Financial Emergency |
6. Controversies and Criticism of the Governor’s Role
🔹 Misuse of Article 356 – Governors often recommend President’s Rule for political reasons.
🔹 Appointment of Chief Ministers in Hung Assemblies – Governors sometimes favor a particular party.
🔹 Delaying Bills – Governors have delayed bills for political reasons.
📌 Example:
- The Kerala Governor clashed with the state government over pending bills, delaying governance.
7. MCQs on The Governor
1. Who appoints the Governor of a state?
a) Prime Minister
b) President of India
c) Chief Justice of India
d) Parliament
✅ Answer: b) President of India
2. What is the term of office for a Governor?
a) 4 years
b) 5 years
c) 6 years
d) No fixed term
✅ Answer: b) 5 years (but holds office at the pleasure of the President)
3. Under which article can the Governor reserve a bill for the President’s consideration?
a) Article 161
b) Article 213
c) Article 200
d) Article 356
✅ Answer: c) Article 200
4. The Governor can issue ordinances under which article?
a) Article 174
b) Article 213
c) Article 161
d) Article 356
✅ Answer: b) Article 213
5. Which article gives the Governor the power to grant pardons?
a) Article 72
b) Article 213
c) Article 161
d) Article 200
✅ Answer: c) Article 161
8. Conclusion
The Governor is the constitutional head of the state, responsible for ensuring smooth governance. While real power lies with the Chief Minister and the Council of Ministers, the Governor plays a crucial role in maintaining constitutional order.
For competitive exams, understanding the Governor’s powers, functions, and related cases is essential. Stay updated with recent developments to strengthen your preparation! ✅📚
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