APPSC GROUP 1

Value Addition
Role of Governor

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Governor: Powers, Issues, Articles, Cases, Committees, and Current Developments

I. Constitutional Role of the Governor

The Governor is the constitutional head of the state, appointed by the President
under Article 155, and acts as the nominal executive. The real power lies with the
elected Council of Ministers (CoM), led by the Chief Minister (CM). The role is to
function within the framework of federalism and constitutional morality.

II. Key Articles Related to Governor’s Powers

Article Subject
153 Governor for each state
154 Executive power of state vested in Governor
155 Appointment by President
156 Term of 5 years, holds office at the pleasure of President
163 Aid and advice of CoM
164 Appointment of CM and Ministers
174 Summon, prorogue, and dissolve the legislature
200 Assent, reservation, or withholding of bills
201 President's action on reserved bills
213 Ordinance-making power when legislature is not in session
356 President’s Rule based on Governor’s report
161 Power to grant pardons, reprieves etc. for state offences

III. Powers of the Governor

1. Executive Powers

• Appoints CM and other ministers

• Appoints Advocate General, State Election Commissioner, Chairpersons of
State PSCs
• Administers oath of office

2. Legislative Powers

• Summons, prorogues, dissolves State Assembly (Article 174)

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 • Nominates 1 member from Anglo-Indian community (now repealed via 104th
Amendment)
• Withholds, assents, or reserves bills (Article 200)
• Addresses legislature at the beginning of first session each year

3. Ordinance Powers (Article 213)

• Can issue ordinances when legislature not in session

• Subject to judicial review

4. Judicial Powers

• Power to grant pardons, reprieves, respites, or remissions under Article 161

5. Discretionary Powers

• Appointment of CM in a hung assembly

• Reservation of bills for President
• Recommending President’s Rule (Art. 356)

In Summary

Constitutional Powers of the Governor

(Explicitly provided by the Constitution)

1. Executive Powers:
o Appoints CM and other ministers (Article 164)
o Appoints Advocate General, State Election Commissioner, and
members of State Public Service Commission (Article 154)
2. Legislative Powers:
o Summons, prorogues, and dissolves Legislative Assembly (Article 174)
o Addresses legislature and gives assent to bills (Article 200)
3. Judicial Powers:
o Power to grant pardons, reprieves, etc. under Article 161
4. Ordinance Powers:
o Can promulgate ordinances under Article 213

Discretionary Powers of the Governor

(Exercised without the advice of the Council of Ministers)

1. Reserving bills for the President – Article 200

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 2. Recommending President’s Rule – Article 356
3. Appointing Chief Minister in case of a hung assembly
4. Refusing to sign or delaying assent to bills
5. Sending special reports to the President without ministerial advice – Article
356

IV. Major Issues and Challenges

1. Withholding or Delay of Bill Assent (Articles 200 & 201)

• Constitution is silent on time limits

• Tamil Nadu NEET Bill and Kerala Bills faced long delays

Options and Consequences When a Bill is Sent to the Governor (Article 200)

Once a bill is passed by the State Legislature and presented to the Governor, they
have four options:

1. Assent to the Bill

o The bill becomes law.
2. Withhold Assent
o The bill is rejected; however, this is rarely used due to political
repercussions.
3. Return the Bill (if not a Money Bill)
o The Legislature may reconsider it. If it is passed again (with or without
amendments), the Governor must give assent.
4. Reserve the Bill for the Consideration of the President
o Used when:
▪ The bill may be unconstitutional
▪ It opposes national interest
▪ It affects larger public interest beyond state powers

Consequences of Delay or Reservation:

• Delay in Assent: No time frame is prescribed in the Constitution, leading to

potential misuse.
• Reservation to President: Final decision lies with the President under Article
201. This may lead to indefinite delays.
• Judicial View: Courts cannot compel the Governor to act within a time frame
but have expressed concern over prolonged delays (e.g., Tamil Nadu NEET Bill
case).

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2. Partisan Appointments

• Often retired bureaucrats or politicians from ruling party at the Centre are
appointed

3. Hung Assemblies and Post-Poll Alliance Issues

• Example: Maharashtra 2019 Crisis — midnight swearing-in challenged in SC

4. Excessive Use of Article 356

• Misuse of Governor’s report to recommend dismissal of elected governments

5. Ordinance Misuse

• Ordinances bypassing legislature without urgent necessity

6. Interference in University Appointments and State Policies

• Ongoing conflicts in Kerala, Punjab, and West Bengal

V. Landmark Supreme Court Judgments

Case Key Takeaways
Samsher Singh v. State Governor must act on aid and advice of CoM except in limited
of Punjab (1974) situations
Rameshwar Prasad v. Invalidated arbitrary recommendation for dissolution of Bihar
Union of India (2006) Assembly
Nabam Rebia v. If a governor exercised his discretion beyond his jurisdiction
Deputy Speaker (2016) or power, it would fall under subject matter of judicial
review.
BP Singhal v. Union of Governor can’t be removed arbitrarily; laid down guidelines
India (2010)
Keisham Reiterated the need for timely decision in disqualification
Meghachandra v. petitions; although directed at Speakers, applicable to
Speaker (2020) Governors in terms of constitutional morality

State of Punjab Case If a Governor decides to withhold assent to a Bill, then he/she
(2023) has to return bill to legislature for reconsideration. Such bill
cannot be kept with Governor indefinitely.

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 Tamil Nadu Governor SC stated that Governor cannot refer bills to President after
case (2023): Assembly has re-enacted the Bills following the Governor’s
declaration of withholding the assent.

Sarkaria Commission: Not act as an agent of President; rarely use discretion, only if
Bill contravenes Constitutional provisions, and reserve it for Presidential
consideration etc.
Punchhi Commission: Given a fixed tenure of five years; Take decision wrt Bill
presented for assent within period of six months etc
VI. Committee Recommendations
1. Sarkaria Commission (1988)

• Governor should be a non-partisan person

• Not involved in active politics in recent past
• Should not be from the same state
• Detailed rules on use of Article 356 and bill assent

2. Punchhi Commission (2010)

• Time limit for bill assent (suggested 3 months)

• Curb misuse of discretionary powers
• Fix Governor’s term; secure against arbitrary removal

3. NCRWC (2002)

• Role of Governor must be harmonized with democratic government

• Appointments to be based on merit, not political loyalty

VII. Current Examples (2023–2024)

State Issue
Tamil Nadu NEET Bill delayed by Governor under Art. 200; eventually sent to
President
Kerala Governor Arif Khan clashed with govt on bill assent and university
appointments
Punjab Governor refused to summon budget session citing procedural issues
West Governor involved in multiple stand-offs with state govt on law and
Bengal order, education
Telangana Governor withheld assent to multiple bills; issue raised in Supreme
Court

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VIII. Recent Legislative Developments and Proposals

• Private Members Bill (2023) proposed fixed timelines for Governor’s decision
on bills.
• Supreme Court oral observations (2023) criticized delay tactics by Governors
as undemocratic and unconstitutional.

IX. Way Forward

• Codify a time limit for assent or reservation of bills under Article 200
• Implement Punchhi Commission recommendations
• Transparent appointment process insulated from politics
• Judicial review mechanism for actions like delay in summoning assembly or
returning bills
• Constitutional amendments to limit misuse of Article 356 and clarify
discretionary power scope

Conclusion

The Governor's office must function as a neutral constitutional authority upholding

democracy, federalism, and cooperative governance. Reforms are essential to
prevent politicisation and restore public faith in the institution, ensuring
constitutional balance between the Centre and the States.

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Comparison between the Governor and the President in terms of their powers and
roles, Constitutional vs Discretionary powers:

I. Constitutional Powers
Power Area Governor President
Executive Article 154: Executive power of Article 53: Executive power of
Powers the state vested in Governor the Union vested in President
Judicial Article 161: Pardoning powers Article 72: Pardoning powers for
Powers for state laws union laws, court-martial, death
penalty
Ordinance Article 213: Can promulgate Article 123: Can promulgate
Power ordinance when state legislature ordinance when Parliament not
not in session in session
Emergency Can recommend President's Rule Can declare National, State or
Powers (Article 356) Financial Emergency (Articles
352, 356, 360)
Legislative Article 174, 200: Summons, Article 85, 111: Summons
Role dissolves state legislature, Parliament, assents or
assents to bills withholds assent to bills

II. Discretionary Powers

Governor (More frequent use) President (Mostly ceremonial)
- Reserving bills for President - Sending back a bill once for
(Article 200) reconsideration (Article 111)
- Recommending President's Rule - Very limited discretion in parliamentary
(Article 356) democracy
- Appointing CM in hung assembly - Appoints PM based on majority in Lok
Sabha
- Dismissing ministries when they - Acts on Cabinet advice even in PM
lose majority resignation scenarios
- Sending special reports under - Declares Emergency on Cabinet
Article 356 recommendation

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III. Key Differences
Aspect Governor President
Position Constitutional head of State Constitutional head of Union
Appointment Appointed by the President Elected by Electoral College
Tenure At pleasure of President (no 5-year term; can be removed
fixed term) by impeachment
Accountability Not directly accountable to Impeachable by Parliament for
State Legislature violation of Constitution
Discretionary Wider discretionary space due Virtually no discretion—acts on
Space to Articles 163, 200, 356 aid and advice under Article 74
Misuse High, due to ambiguous Lower, due to fixed procedures
Possibility provisions and political and higher visibility
appointments

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