Position and Constitutional Status

The Governor is the constitutional head of a State and functions as the nominal executive authority, while real executive power rests with the Council of Ministers headed by the Chief Minister. The office acts as a crucial constitutional link between the Union and the States, reinforcing India’s quasi-federal structure.

• Article 153 – Provides that there shall be a Governor for each State (one person can be Governor of two or more States).
• Article 154 – Vests the executive power of the State in the Governor, to be exercised in accordance with the Constitution.

Appointment, Tenure, and Qualifications

• Article 155 – Governor is appointed by the President of India
• Article 156 – Term of five years, but holds office during the pleasure of the President
• Eligible for reappointment
• Qualifications:
  • Indian citizen
  • Minimum age of 35 years
• Not elected; appointment is executive, not democratic

Executive Powers

• Article 164 – Appoints the Chief Minister and other ministers on CM’s advice
• Appoints:
  • Advocate General (Article 165)
  • Chairman and Members of State Public Service Commission (Article 316)
  • State Election Commissioner (as per state laws)
• All executive actions of the State are taken in the name of the Governor

Legislative Powers

• Article 174 – Summons, prorogues, and dissolves the State Legislature
• Article 175 – Addresses the Legislature and sends messages to it
• Article 171 – Nominates members to the Legislative Council (where applicable)

Assent to Bills – Article 200 The Governor may:

• Give assent
• Withhold assent
• Return a non-Money Bill for reconsideration
• Reserve a Bill for the President

Reservation of Bills

• Article 201 – When a Bill is reserved, the President may assent, withhold assent, or return it

Financial Powers

• Article 202 – Causes the State Budget (Annual Financial Statement) to be laid before the Legislature
• Article 207 – No Money Bill can be introduced without the Governor’s recommendation
• Article 267 – Controls the Contingency Fund of the State, allowing advances for unforeseen expenditure

Judicial Powers

• Article 233 – Appoints District Judges in consultation with the High Court
• Article 161 – Power to grant pardons, reprieves, respites, or remissions for offences against State laws
  • Does not include power to pardon death sentences

Discretionary Powers

Though generally bound by ministerial advice (Article 163), the Governor may act independently in certain situations:

• Appointment of Chief Minister in a hung Assembly
• Dismissal of a ministry that has lost majority support
• Reserving Bills for the President
• Recommending President’s Rule

Role in Constitutional Crisis

• Article 356 – Governor reports breakdown of constitutional machinery, leading to President’s Rule
• Article 355 – Union’s duty to protect States against internal disturbance

The Governor’s report is often the triggering point for central intervention in State governance.

Criticism and Constitutional Concerns

• Allegations of Governor acting as an agent of the Centre
• Arbitrary use of discretionary powers
• Delays in granting assent to Bills
• Controversies in government formation and floor-test timing

Judicial Interpretation

• S.R. Bommai Case (1994) –
  
  • President’s Rule is justiciable
  • Floor test is the correct method to determine majority
  • Governor’s discretion is not absolute
• Nabam Rebia Case (2016) –
  
  • Governor cannot interfere in legislative proceedings without constitutional backing

Conclusion

The Governor’s office, envisaged as a neutral constitutional sentinel, derives its authority from Articles 153–167 of the Constitution. While the text grants wide powers, democratic legitimacy depends on restraint, objectivity, and constitutional morality. The strength of Indian federalism ultimately rests not on the Governor’s authority, but on the wisdom with which it is exercised.