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The Governor of a State (Articles 153–162, 163, 200 & 201) ​

📊 High-Yield Data & Statistical Fact Sheet
  • Federal Tension Metrics:
    • Bill Reservation Rates: Bill reservation for presidential review spikes from 12% in non-election years to 45% during state assembly election years, reflecting strategic political coordination.
    • Assent Delay Gap: Bills face an average delay of 14 months before disposal in politically contested states, compared to just 1.5 months in other states.
  • Constitutional Position: The Governor acts as the nominal executive head of a state and a vital channel of communication between the Union and the State.
    • Article 153: A Governor for each state. 7th CAA, 1956 made it possible to appoint the same person as Governor for two or more states.
  • Discretionary Dualism (vs. President):
    • Discretion (Article 163): While the President holds no explicit constitutional discretion (Article 74 makes cabinet advice binding), the Governor holds explicit constitutional discretion under Article 163.
  • Appointment & Tenure:
    • Appointed by the President under warrant hand and seal (Article 155). Serves at the pleasure of the President (Article 156(1)).
    • Age Cap: Must have completed 35 years of age (Article 157).
    • Removal Safeguards: The Constitution specifies no grounds for the removal of a Governor. The SC ruled in B.P. Singhal (2010) that while the pleasure doctrine is absolute, a Governor cannot be removed in an arbitrary or malafide manner.
  • Mandatory Tribal Appointments: Under the proviso to Article 164(1), the Governor must mandatorily appoint a Tribal Welfare Minister in four states: Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha (Bihar was excluded by the 94th CAA, 2006).
  • Article Map (Part VI, Chapter II): 153 (Governor of each State) · 154 (executive power vested) · 155 (appointment) · 156 (term/pleasure) · 157 (qualifications) · 158 (conditions of office) · 159 (oath) · 160 (discharge of functions in contingencies) · 161 (pardoning power) · 162 (extent of executive power).
  • Oath: Administered by the Chief Justice of the High Court of the state; in his absence, the senior-most judge of that High Court available.
  • Term: 5 years from the date of entering office, but holds office during the President's pleasure; may resign by writing addressed to the President; continues in office beyond 5 years until a successor enters office.
  • Emoluments & Immunity: Salary/allowances determined by Parliament, charged on the Consolidated Fund of the State, and cannot be diminished during the term (Article 158). If the same person is Governor of two or more states, emoluments are shared among the states as the President determines. Article 361 grants personal immunity — no criminal proceedings during the term, and civil proceedings only after 2 months' notice.
  • Conditions of Office (Article 158): Must not be a member of Parliament or a State Legislature (a sitting member is deemed to have vacated the seat on entering office); must not hold any office of profit; entitled to a rent-free official residence (Raj Bhavan).
  • Situational Quirk: A Governor may also be appointed Administrator of a Union Territory (Article 239(2)), and in that capacity acts independently of the State Council of Ministers.
  • Landmark Cases: Shamsher Singh v. State of Punjab (1974) — Governor is a nominal head bound by aid and advice · S.R. Bommai (1994) — majority must be tested on the floor of the House, not in Raj Bhavan · Rameshwar Prasad v. Union of India (2006) — dissolution of the Bihar Assembly on the Governor's report held unconstitutional · B.P. Singhal (2010) — removal cannot be arbitrary or malafide · Nabam Rebia (2016) — limits on the Governor's summoning power · D.C. Wadhwa (1986) and Krishna Kumar Singh (2017) — re-promulgation of ordinances is a fraud on the Constitution.

Average Rate of Bills Reserved for President (%)

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Average Time Pending for Assent (Months)

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1. APPOINTMENT CONVENTIONS & MANDATORY APPOINTMENTS ​

APPOINTMENT CONVENTIONS & MANDATORY APPOINTMENTS ​

APPOINTMENT CONVENTIONS & MANDATORY APPOINTMENTS
Cue WordsNotes
Analyze key facts and concepts related to APPOINTMENT CONVENTIONS & MANDATORY APPOINTMENTS.
  • Operational Conventions:
    1. The appointee must be an outsider (not a resident of the state where they are appointed) to prevent local political entanglements.
    2. The Chief Minister of the state must be consulted before the appointment (a convention frequently bypassed by the Union Executive).
  • Dual Duality of Status:
  • Acts as the constitutional head of the state administration.
  • Acts as an agent of the Central Government, ensuring that the state administration functions in accordance with the Constitution (recommending President's Rule under Article 356).

2. DISCRETIONARY POWERS: CONSTITUTIONAL VS. SITUATIONAL ​

DISCRETIONARY POWERS: CONSTITUTIONAL VS. SITUATIONAL ​

DISCRETIONARY POWERS: CONSTITUTIONAL VS. SITUATIONAL
Cue WordsNotes
Analyze key facts and concepts related to DISCRETIONARY POWERS: CONSTITUTIONAL VS. SITUATIONAL.
  • Unlike the President, whose discretionary powers are purely situational, the Governor has both explicit constitutional discretion and situational discretion:
Detail the concepts and significance of I. Constitutional Discretion (Article 163).
  • I. Constitutional Discretion (Article 163)
    1. Reserving a Bill for the President (Article 200): If a bill passed by the state legislature endangers the constitutional position of the High Court, the Governor must reserve it.
    2. Recommending President's Rule (Article 356): Recommending a proclamation when satisfied that state administration has broken down.
    3. Seeking Information (Article 167): Demanding administrative and legislative information from the Chief Minister.
    4. Special Responsibilities (Articles 371 to 371J): Managing regional development boards (e.g., Maharashtra, Gujarat, Karnataka) where the Governor acts in their individual judgment.
Detail the concepts and significance of II. Situational Discretion.
  • II. Situational Discretion
    1. Appointment of Chief Minister: In a hung Assembly where no single party or coalition has a clear majority.
    2. Dismissal of the Council of Ministers: When the CoM has lost the confidence of the Legislative Assembly but refuses to resign.
    3. Dissolution of the Assembly: When the CoM has lost its majority and no alternative government can be formed.

3. COMPARATIVE ANALYSIS: PRESIDENT VS. GOVERNOR ​

COMPARATIVE ANALYSIS: PRESIDENT VS. GOVERNOR ​

COMPARATIVE ANALYSIS: PRESIDENT VS. GOVERNOR
Cue WordsNotes
Detail the concepts and significance of I. Bill Assent & Reconsideration (Article 200 & 201).
  • I. Bill Assent & Reconsideration (Article 200 & 201)
    • SC Mandate (State of Punjab Case, 2023–24): The Supreme Court ruled that if a Governor decides to withhold assent, they must return the bill to the State Legislature "as soon as possible". If the House repasses the bill, the Governor must give assent and cannot withhold it or pocket veto it.
    • Article 201 (Reserved Bills): Once a bill is reserved for the President, the Governor is completely removed from the loop. If the President returns the bill for reconsideration and the State Legislature repasses it, the President is still not bound to give assent.
Detail the concepts and significance of II. Pardoning Power (Article 72 vs. 161).
  • II. Pardoning Power (Article 72 vs. 161)
    • Gubernatorial Limits: The Governor's power under Article 161 is restricted to offenses against state laws.
    • Death Sentences: The Governor cannot pardon a death sentence (only the President can under Article 72). However, the Governor holds the power to suspend, remit, or commute a death sentence.
    • Military Courts: The Governor has no power over sentences passed by a Court-Martial (military court).
Detail the concepts and significance of III. Ordinance-Making Power (Article 213).
  • III. Ordinance-Making Power (Article 213)
    • Can promulgate ordinances only when the State Legislature is not in session.
    • Prior Instructions Mandatory: The Governor cannot promulgate an ordinance without prior instructions from the President if:
      1. A bill containing the same provisions would have required prior presidential sanction.
      2. The Governor would have deemed it necessary to reserve a similar bill for the President.

4. APPOINTMENT, QUALIFICATIONS, TERM & REMOVAL (ARTICLES 153-160) ​

APPOINTMENT, QUALIFICATIONS, TERM & REMOVAL (ARTICLES 153-160) ​

APPOINTMENT, QUALIFICATIONS, TERM & REMOVAL (ARTICLES 153-160)
Cue WordsNotes
How is a Governor appointed and what exactly is the Canadian model borrowed here?
  • Article 153: There shall be a Governor for each State. The 7th Amendment Act, 1956 added a proviso permitting the same person to be appointed Governor for two or more States.
  • Article 155 - Appointment: Appointed by the President by warrant under his hand and seal. He is therefore neither directly elected nor indirectly elected by a specially constituted electoral college (unlike the President).
  • Canadian Model: The office is drawn from the Canadian scheme of a centrally appointed provincial head - a deliberate device of the framers to keep a unitary bias in an otherwise federal polity. The Constituent Assembly rejected the alternative of a directly elected Governor because it would create a rival centre of power against the Chief Minister and encourage separatist tendencies.
  • Dual Role: (i) Constitutional head of the State executive; (ii) Agent of the Centre - the vital link and channel of communication between the Union and the State.
What are the constitutional qualifications and the conventional ones?
  • Article 157 - Only two constitutional qualifications:
    1. Must be a citizen of India.
    2. Must have completed 35 years of age.
  • Two conventions (not in the text, frequently ignored): the appointee should be an outsider (not belonging to the state concerned), and the Chief Minister of the state should be consulted before appointment.
  • Article 158 - Conditions of office:
    1. Should not be a member of either House of Parliament or of a State Legislature; if such a member is appointed, he is deemed to have vacated the seat on the date he enters office.
    2. Should not hold any office of profit.
    3. Entitled to a rent-free official residence (Raj Bhavan).
    4. Emoluments and allowances are determined by Parliament; they are charged on the Consolidated Fund of the State (hence non-votable) and cannot be diminished during his term.
    5. Where one person is Governor of two or more states, the emoluments are allocated among the states in the proportion the President determines.
Term, oath, resignation and the doctrine of pleasure - what is the exact mechanics of removal?
  • Article 159 - Oath: Administered by the Chief Justice of the concerned High Court, and in his absence by the senior-most judge of that High Court available. (Contrast: the President is sworn in by the Chief Justice of India.) He swears to preserve, protect and defend the Constitution and the law and to devote himself to the service and well-being of the people of the State.
  • Article 156 - Term: Normal term is 5 years, but he holds office during the pleasure of the President. Therefore the 5-year term is subject to the pleasure doctrine and gives no security of tenure.
  • Resignation: By writing addressed to the President.
  • Holding over: He continues in office beyond the 5 years until his successor enters upon office, so that there is no vacuum.
  • Additional charge: The President may make such provision as he thinks fit for the discharge of a Governor's functions in any contingency not provided for in the Constitution (Article 160) - the basis for appointing a neighbouring Governor to hold additional charge.
  • No impeachment: Unlike the President, there is no impeachment procedure and the Constitution lays down no grounds whatsoever for removal. He may be transferred from one state to another or reappointed.
  • B.P. Singhal v. Union of India (2010): The Supreme Court held that (i) the President need not assign reasons and the Governor has no right to be heard; (ii) but the pleasure cannot be exercised on arbitrary, capricious, malafide or whimsical grounds; (iii) a Governor cannot be removed merely because he is out of sync with the ideology of the party in power at the Centre; (iv) if the removed Governor makes out a prima facie case of malafide, the Court may call upon the Union to produce material and can strike down the removal.
What personal immunities does Article 361 give the Governor?
  • Article 361 - Immunities:
    1. Not answerable to any court for the exercise and performance of the powers and duties of his office (professional capacity - absolute immunity).
    2. No criminal proceedings whatsoever can be instituted or continued against him during his term of office; no process for his arrest or imprisonment can issue.
    3. Civil proceedings in respect of his personal acts can be instituted only after 2 months' prior notice in writing.
  • These immunities are personal to the office-holder and lapse when he demits office; prosecution for personal criminal acts may then follow.

5. POWERS OF THE GOVERNOR: EXECUTIVE, LEGISLATIVE, FINANCIAL, JUDICIAL ​

POWERS OF THE GOVERNOR: EXECUTIVE, LEGISLATIVE, FINANCIAL, JUDICIAL ​

POWERS OF THE GOVERNOR: EXECUTIVE, LEGISLATIVE, FINANCIAL, JUDICIAL
Cue WordsNotes
Enumerate the executive powers flowing from Articles 154, 162, 163, 164, 165 and 166.
  • I. Executive Powers
    • Article 154: The executive power of the State is vested in the Governor and is exercised by him either directly or through officers subordinate to him in accordance with the Constitution.
    • Article 162: The executive power of the State extends to matters on which the State Legislature has power to make laws; on concurrent subjects it is subject to the executive power expressly conferred on the Union.
    • Article 166: All executive action of the State Government is expressed to be taken in the name of the Governor. He makes rules for the more convenient transaction of business and for the allocation of business among ministers.
    • Appointments made by the Governor:
      1. The Chief Minister, and other ministers on the CM's advice (Article 164).
      2. The Advocate General of the State (Article 165), who holds office during his pleasure and whose remuneration he determines.
      3. The Chairman and members of the State Public Service Commission (Article 316) - though they can be removed only by the President, not by the Governor.
      4. The State Election Commissioner (Article 243K), removable only in the manner and on the grounds of a High Court judge.
      5. The State Finance Commission every five years (Articles 243-I and 243-Y).
      6. District judges in consultation with the High Court (Article 233); other members of the judicial service in consultation with the High Court and the State Public Service Commission (Article 234).
      7. Members of the State Human Rights Commission (statutory - Protection of Human Rights Act, 1993), who however are removable only by the President.
    • Consultative role: The President consults the Governor while appointing judges of the concerned High Court (Article 217).
    • Article 167: He can call upon the Chief Minister to furnish any information relating to administration and legislative proposals, and can require any ministerial decision to be placed before the full Council of Ministers.
    • Article 356: He can recommend to the President the imposition of President's Rule; while the proclamation is in force, he exercises the executive functions of the State on behalf of the President.
    • Fifth Schedule: He acts as the administrator of Scheduled Areas, may direct that an Act of Parliament or of the State Legislature shall not apply (or apply with modifications) to a Scheduled Area, and submits an annual report to the President on their administration; a Tribes Advisory Council functions under him.
    • Sixth Schedule (Assam, Meghalaya, Tripura, Mizoram): He organises and reorganises autonomous districts and autonomous regions, nominates members to Autonomous District Councils, and determines the royalty from mineral licences payable to the District Councils (a discretionary function).
Enumerate the legislative powers under Articles 168, 174-176, 200, 213 and 333.
  • II. Legislative Powers
    • Article 168: The Governor is an integral part of the State Legislature (as the President is of Parliament), even though he does not sit in either House.
    • Article 174 - Sessions: He summons and prorogues the Houses and can dissolve the Legislative Assembly. There must not be a gap of more than 6 months between the last sitting of one session and the first sitting of the next.
    • Article 175: Right to address either House or both Houses assembled together, and to send messages to the House(s) with respect to a pending bill or otherwise; the House must consider such a message with all convenient despatch.
    • Article 176 - Special Address: He addresses the first session after each general election and the first session of each year; the address sets out the government's policy and is followed by the Motion of Thanks.
    • Presiding officers: He appoints a member of the Assembly to preside when the offices of both the Speaker and Deputy Speaker are vacant, and similarly for the Council (Articles 180 and 184).
    • Nominations: He nominates one-sixth of the members of the Legislative Council from persons with special knowledge or practical experience of literature, science, art, the cooperative movement and social service (Article 171(5)). His earlier power to nominate one member of the Anglo-Indian community to the Assembly (Article 333) ceased on 25 January 2020 by the 104th Amendment Act, 2019.
    • Article 192 - Disqualification: Questions of disqualification of a sitting MLA/MLC (other than under the Tenth Schedule) are decided by the Governor, who must obtain and act in accordance with the binding opinion of the Election Commission. Defection cases go to the Speaker/Chairman, not the Governor.
    • Prior recommendation of the Governor is needed to introduce certain bills - notably Money Bills (Article 198/207) and bills involving expenditure from the Consolidated Fund of the State.
    • Article 200 / 201: Assent, withholding, return or reservation for the President (detailed in Section 6).
    • Article 213: Ordinance-making power when the Legislature is not in session - his most important legislative power (detailed in Section 7).
    • Laying of reports: He causes to be laid before the Legislature the reports of the State Finance Commission, the State Public Service Commission (together with a memorandum on cases where its advice was not accepted), and the audit reports of the CAG relating to the State (Article 151(2)).
What are the Governor financial powers?
  • III. Financial Powers
    • Ensures that the annual financial statement (State Budget) is laid before the State Legislature (Article 202).
    • Money Bills can be introduced in the State Legislative Assembly only on his prior recommendation.
    • No demand for a grant can be made except on his recommendation.
    • He can make advances out of the Contingency Fund of the State to meet unforeseen expenditure (Article 267(2)); the Fund is placed at his disposal.
    • He constitutes a State Finance Commission every five years to review the finances of panchayats and municipalities (Articles 243-I and 243-Y).
How far does the pardoning power under Article 161 go, and where does it stop?
  • IV. Judicial Powers - Article 161
    • The Governor may grant pardons, reprieves, respites and remissions of punishment, or suspend, remit or commute the sentence of any person convicted of an offence against a law relating to a matter to which the executive power of the State extends (i.e. State law offences).
    • Two crucial limitations vis-a-vis Article 72:
      1. No power over a sentence of a court-martial (military court) - that lies only with the President.
      2. Cannot pardon a death sentence. Even if the offence is against a State law, the pardoning of a death sentence is exclusively the President's. However, the Governor can suspend, remit or commute a death sentence - e.g. commutation to life imprisonment.
    • The five clemency terms:
      1. Pardon: Completely absolves the offender of the conviction, sentence and all disqualifications.
      2. Commutation: Substitutes a lighter form of punishment (nature changed) - e.g. death to rigorous imprisonment.
      3. Remission: Reduces the period of the sentence without changing its character (quantum changed).
      4. Respite: Awards a lesser sentence on special grounds - e.g. physical disability of the convict or pregnancy of a woman offender.
      5. Reprieve: A temporary stay of the execution of a sentence (especially of death), to enable the convict to seek pardon or commutation.
    • The power is exercised on the aid and advice of the Council of Ministers, is independent of the judiciary (it is an executive, not a judicial, review), and is subject to limited judicial review if exercised arbitrarily, irrationally, malafide or discriminatorily. The petitioner has no right to an oral hearing and reasons need not be recorded.
    • Other judicial functions: consulted by the President in the appointment of High Court judges; appoints district judges in consultation with the High Court; appoints other judicial officers in consultation with the High Court and the State Public Service Commission.

6. ASSENT TO BILLS: ARTICLE 200 AND ARTICLE 201 IN DETAIL ​

ASSENT TO BILLS: ARTICLE 200 AND ARTICLE 201 IN DETAIL ​

ASSENT TO BILLS: ARTICLE 200 AND ARTICLE 201 IN DETAIL
Cue WordsNotes
What are the four options open to the Governor when a bill reaches him under Article 200?
  • When a bill passed by the State Legislature is presented to the Governor, he has four options:
    1. Give assent - the bill becomes an Act.
    2. Withhold assent - the bill falls (an absolute veto).
    3. Return the bill for reconsideration (first proviso) - possible for any bill other than a Money Bill, with a message requesting reconsideration of the bill or of any specified provisions, or suggesting amendments. This must be done as soon as possible after presentation. If the House(s) pass the bill again with or without amendment and present it again, the Governor shall not withhold assent - a suspensive veto exhausted in one round.
    4. Reserve the bill for the consideration of the President - which activates Article 201.
  • Money Bills: The Governor cannot return a Money Bill for reconsideration; he may only assent, withhold assent, or reserve it for the President.
  • Constitutional Amendment Bills: The veto power of Article 200 has no application - a state legislature does not pass constitutional amendment bills; it only ratifies them by resolution where Article 368 requires it.
When must a bill be reserved and when may it be reserved?
  • Mandatory reservation (second proviso to Article 200): The Governor shall not assent but shall reserve for the President any bill which, in his opinion, would if it became law so derogate from the powers of the High Court as to endanger the position which that Court is by the Constitution designed to fill. This is the one clear-cut case of compulsory reservation.
  • Discretionary / other grounds on which reservation is usual or required:
    1. The bill is ultra vires the powers of the State Legislature or is repugnant to the Constitution.
    2. The bill is opposed to the Directive Principles of State Policy.
    3. The bill is against the larger interest of the country or is of grave national importance.
    4. The bill deals with compulsory acquisition of property under Article 31A - which requires the President's assent to be immune.
    5. A state law on a Concurrent List subject repugnant to an earlier Union law needs the President's assent to prevail in that state (Article 254(2)).
    6. A bill imposing restrictions on the freedom of trade and commerce under Article 304(b) requires the previous sanction of the President for introduction.
    7. Bills imposing taxes on water or electricity supplied by an inter-state river authority (Article 288(2)).
What happens once a bill is reserved for the President under Article 201?
  • The President may either give assent or withhold assent.
  • Alternatively, the President may direct the Governor to return the bill (if it is not a Money Bill) to the House(s) for reconsideration. The State Legislature must then reconsider it within six months of receipt.
  • The core paradox: If the House(s) pass the bill again, with or without amendments, and it is again presented to the President, the President is NOT bound to give assent. The President thus holds an absolute, terminal veto over reserved state bills - a power he does not possess over central bills. There is also no time limit prescribed in Article 201.
  • The Governor is out of the loop: Once the bill is reserved, the Governor has no further role; the reconsidered bill goes back to the President, not to the Governor.
  • Reserved State Money Bill: The President can reject it, but cannot return it for reconsideration.
  • Pocket veto: Since Article 200 uses the phrase as soon as possible without fixing a deadline, Governors have in practice sat indefinitely on bills. In the State of Punjab and State of Tamil Nadu line of decisions (2023-2025) the Supreme Court held that a Governor cannot exercise a pocket veto and, where he withholds assent, must return the bill to the House with a message; if the House repasses it, he is bound to assent. The Court has treated prolonged, unexplained inaction as amenable to a limited judicial direction to act, even though the substantive choice under Article 200 is not ordinarily justiciable.
  • State of Tamil Nadu v. Governor of Tamil Nadu (April 2025): Went further than Punjab - the Bench prescribed outer time limits for the Governor to act on a bill (broadly, one month where acting on the advice of the Council of Ministers, and three months where reserving for the President against such advice), and invoked its extraordinary power under Article 142 to declare that 10 bills withheld for years by the Tamil Nadu Governor be treated as having received deemed assent on the date they were re-presented. This "deemed assent" remedy - the Court itself standing in for the Governor's signature - is the most significant nuance for PYQs on this topic, since it goes beyond merely directing the Governor to act.

7. ORDINANCE-MAKING POWER - ARTICLE 213 IN DETAIL ​

ORDINANCE-MAKING POWER - ARTICLE 213 IN DETAIL ​

ORDINANCE-MAKING POWER - ARTICLE 213 IN DETAIL
Cue WordsNotes
What are the conditions, duration and limits of the Governor ordinance power?
  • Precondition: The Governor may promulgate an ordinance only when the Legislative Assembly is not in session (and, in a bicameral state, when both Houses are not in session), and only when he is satisfied that circumstances exist rendering immediate action necessary.
  • Scope: An ordinance can be issued only on subjects on which the State Legislature can make laws, and is subject to the same constitutional limitations as a state Act - it cannot abridge a Fundamental Right and cannot amend the Constitution.
  • Force: An ordinance has the same force and effect as an Act of the State Legislature.
  • Duration: It must be laid before the Legislature when it reassembles and ceases to operate six weeks from the reassembly of the Legislature (from the later date if the two Houses reassemble on different dates), or earlier if a resolution disapproving it is passed by the Assembly and agreed to by the Council. Maximum life is therefore 6 months + 6 weeks (the 6-month cap flows from Article 174, which forbids a gap of more than six months between sessions).
  • Withdrawal: The Governor may withdraw an ordinance at any time. Both promulgation and withdrawal are exercised on the advice of the Council of Ministers, not in his discretion.
In which three situations are the President prior instructions mandatory?
- Under the proviso to Article 213(1), the Governor cannot promulgate an ordinance without instructions from the President in three cases:
    - If a bill containing the same provisions would have required the previous sanction of the President for its introduction in the Legislature. - If the Governor would have deemed it necessary to reserve a bill containing the same provisions for the President's consideration. - If an Act of the State Legislature containing the same provisions would have been invalid without the President's assent.
- This is a major difference from Article 123: the President's ordinance power carries no such requirement of external instruction.
What did the courts say about re-promulgation of ordinances?
  • D.C. Wadhwa v. State of Bihar (1986): Bihar had re-promulgated ordinances mechanically for years (some kept alive for over a decade). The Supreme Court held that repeated re-promulgation without placing the ordinance before the Legislature is a fraud on the Constitution and a subversion of the democratic legislative process.
  • Krishna Kumar Singh v. State of Bihar (2017, 7-judge Bench): Reaffirmed Wadhwa; held that the mandatory laying of an ordinance before the Legislature is a constitutional requirement, that the Governor's satisfaction is not immune from judicial review, and that an ordinance does not create enduring rights after it lapses except where the doctrine of public interest requires it.
  • Cooper (1970) and the 38th / 44th Amendment trajectory established that the satisfaction of the executive in promulgating an ordinance is justiciable on the ground of malafide.

8. GOVERNMENT FORMATION, FLOOR TESTS & THE DISCRETION CONTROVERSY ​

GOVERNMENT FORMATION, FLOOR TESTS & THE DISCRETION CONTROVERSY ​

GOVERNMENT FORMATION, FLOOR TESTS & THE DISCRETION CONTROVERSY
Cue WordsNotes
What is the full list of the Governor constitutional discretion under Article 163?
  • Article 163(1): There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor, except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion. The italicised saving has no counterpart in Article 74.
  • Article 163(2): If any question arises whether a matter falls within the Governor's discretion, the decision of the Governor is final and the validity of anything done by him cannot be called in question on the ground that he ought or ought not to have acted in his discretion.
  • Article 163(3): The advice tendered by ministers is not to be inquired into by any court.
  • Constitutional discretion (express or implied in the text):
    1. Reserving a bill for the consideration of the President (Article 200).
    2. Recommending President's Rule under Article 356.
    3. Exercising functions as Administrator of an adjoining Union Territory (Article 239(2)).
    4. Seeking information from the Chief Minister regarding administrative and legislative matters (Article 167).
    5. Determining the royalty payable by the governments of Assam, Meghalaya, Tripura and Mizoram to the Autonomous District Councils from mineral exploration licences (Sixth Schedule).
    6. Special responsibilities under Articles 371 to 371-J - e.g. development boards in Maharashtra, Gujarat and Karnataka; law and order in Nagaland (371A) and Arunachal Pradesh (371H); peace and equitable advancement of sections of the population in Sikkim (371F) - where he acts in his individual judgment after consulting the Council of Ministers.
  • Situational discretion (implied by the logic of parliamentary government - same as the President's):
    1. Appointment of a Chief Minister in a hung Assembly, or when the incumbent CM dies suddenly with no obvious successor.
    2. Dismissal of the Council of Ministers when it cannot prove the confidence of the Assembly.
    3. Dissolution of the Legislative Assembly when the Council of Ministers has lost its majority and no alternative government is possible.
  • Structural point: The Governor can constitutionally function without a Council of Ministers (e.g. during President's Rule); the President cannot, because the 42nd Amendment Act, 1976 made a Council of Ministers mandatory and its advice binding under Article 74.
What order of preference should the Governor follow in a hung Assembly?
  • Sarkaria Commission order of preference for inviting a claimant to form the government in a hung Assembly (endorsed by the Punchhi Commission and by the Supreme Court in practice):
    1. An alliance of parties formed prior to the elections (pre-poll alliance).
    2. The single largest party staking a claim to form the government with the support of others, including independents.
    3. A post-electoral coalition with all partners joining the government.
    4. A post-electoral alliance in which some parties join the government and others support it from outside.
  • The Governor must test the claim on the floor of the House, at the earliest, and must not decide the question of majority in the Raj Bhavan.
  • The Chief Minister so appointed must seek a vote of confidence in the Assembly within 30 days of taking over.
  • The Chief Minister need not be a member of the Legislature at the time of appointment, but must become one within six months (Article 164(4)).
Which judgments define the outer limits of gubernatorial discretion?
  • Shamsher Singh v. State of Punjab (1974, 7-judge Bench): The President and the Governor are constitutional/nominal heads who exercise their powers on the aid and advice of the Council of Ministers, except in the few well-known exceptional situations.
  • S.R. Bommai v. Union of India (1994, 9-judge Bench): The majority of a ministry must be tested on the floor of the House; the Governor's subjective satisfaction under Article 356 is justiciable; the Assembly cannot be dissolved before both Houses of Parliament approve the proclamation; a dissolved Assembly can be revived if the proclamation is struck down; secularism is a basic feature.
  • Rameshwar Prasad v. Union of India (2006): The dissolution of the Bihar Assembly on the Governor's report - which alleged horse-trading without adequate material - was held unconstitutional and malafide. Held that the Governor cannot act on mere apprehension or personal opinion.
  • Nabam Rebia v. Deputy Speaker (2016, Arunachal Pradesh): The Governor cannot summon, prorogue or dissolve the House or advance an Assembly session at his own discretion and without the aid and advice of the Council of Ministers; he has no role in intra-party disputes; he cannot direct the sequence of business in the House. The Court restored the ousted ministry.
  • Shivraj Singh Chouhan v. Speaker, MP Assembly (2020): The Governor may direct a floor test where there is objective material showing prima facie loss of confidence, but this power is not to be used to destabilise an elected government.
  • B.P. Singhal (2010) - see Section 4 for removal standards.

9. COMMISSION RECOMMENDATIONS ON THE OFFICE OF GOVERNOR ​

COMMISSION RECOMMENDATIONS ON THE OFFICE OF GOVERNOR ​

COMMISSION RECOMMENDATIONS ON THE OFFICE OF GOVERNOR
Cue WordsNotes
What did the Administrative Reforms Commission and the Rajamannar Committee say?
  • First Administrative Reforms Commission (1966-70): Recommended that a person appointed Governor should be detached from politics and not have taken too great a part in politics generally, and particularly in the recent past; the Governor's report under Article 356 should be objective and made public.
  • Rajamannar Committee (1969, Tamil Nadu): Recommended that Article 356 and the Governor's power to reserve bills be deleted or drastically curtailed, and that the Governor be appointed only in consultation with the State Government. Also recommended abolition of the Governor's discretionary powers.
What are the Sarkaria Commission recommendations on the Governor?
  • Sarkaria Commission - set up in 1983 under Justice R.S. Sarkaria, reported in 1988, on Centre-State relations. Key recommendations on the Governor:
    1. The Governor should be an eminent person in some walk of life, from outside the state, a detached figure not intimately connected with local politics, and someone who has not taken active part in politics, especially in the recent past.
    2. He should not be a person belonging to the ruling party at the Centre if the state is governed by another party.
    3. The Vice-President of India and the Speaker of the Lok Sabha should be consulted by the Prime Minister, along with the Chief Minister of the state, in the selection.
    4. His 5-year tenure should not be disturbed except for extremely compelling reasons; if removal is contemplated, he should be informed of the grounds and given an opportunity to explain.
    5. On his demitting office, he should not be eligible for further office under the Union or a state (other than a second term as Governor or election as Vice-President or President).
    6. He should follow the stated order of preference in inviting a claimant to form a government in a hung Assembly, and always test the majority on the floor of the House.
    7. Article 356 should be used very sparingly, as a measure of last resort, and the Governor's report should be a speaking document giving the material facts.
What did the NCRWC and the Punchhi Commission recommend?
  • National Commission to Review the Working of the Constitution (Venkatachaliah Commission, 2000-2002): The Governor should be appointed by the President after consultation with the Chief Minister, and the appointment should be made by a committee consisting of the Prime Minister, the Home Minister, the Speaker of the Lok Sabha and the Chief Minister of the state concerned. Normally the Governor should complete his full 5-year term.
  • Punchhi Commission - set up in 2007 under Justice M.M. Punchhi, reported in 2010:
    1. The Governor should be appointed by a committee of the Prime Minister, the Home Minister, the Speaker of the Lok Sabha and the Chief Minister of the state.
    2. The doctrine of pleasure should end; the Governor should be removable only through a resolution of the State Legislature (impeachment-type procedure).
    3. The Governor should not be burdened with the office of Chancellor of state universities or other statutory positions, which invite controversy.
    4. The Governor should have the right to sanction the prosecution of a minister against the advice of the Council of Ministers.
    5. A fixed term of five years should be provided; the person should have had no active involvement in politics at least for a couple of years before appointment.
    6. Localised emergency: Articles 355 and 356 should be capable of being applied to a district or part of a state rather than the whole state, for a limited duration of three months.
    7. Convention of consultation: The Union should consult the state before deploying central forces, and the Governor's report should be shared.
  • Common thread: Every commission has recommended (i) a consultative, collegium-style appointment, (ii) security of tenure in place of the pleasure doctrine, and (iii) codified, transparent norms for exercising discretion - none of which has been implemented by constitutional amendment.

QUICK REVISION BOX ​

  • Constitutional Anchor: Articles 153–162 inside Part VI.
  • Outsider Rule: Gubernatorial appointee should be an outsider; 35 years of age.
  • Pleasure Doctrine: Governor serves at the President's pleasure (Article 156); no grounds for removal are listed in the Constitution.
  • Tribal Welfare Mandate: Mandatory portfolio in Chhattisgarh, Jharkhand, MP, and Odisha (Article 164).
  • Article 200 Repass Rule: If a returned bill is repassed, the Governor must sign it (State of Punjab, 2023–24).
  • Article 201 Limit: The President is not bound by state-repassed reserved bills.
  • Article 213 Ordinance: Maximum life 6 months + 6 weeks; requires prior presidential consent in specified cases.
  • Pardoning (Article 161): Restricts pardon to state offenses; cannot pardon death sentences (only suspend/remit/commute); no Court-Martial powers.
  • Summoning Limit: SC in Nabam Rebia (2016) ruled the Governor cannot summon the House without the CoM's advice (unless the CoM has lost its majority).

Notes updated up to March 2026. Sources: B.P. Singhal Case (2010), Punjab Gubernatorial Ruling (2023).

  • Under Article 200, the Governor may assent, withhold assent (must communicate reasons to State legislature), return the Bill for reconsideration (except Money Bills), or reserve it for the President under Article 201; Governors actions under Article 200 are not justiciable, but in cases of prolonged unexplained inaction the Court may issue a limited mandamus directing the Governor to act.
  • A five-judge SC Bench called the Presidential Reference a "functional reference" dealing with day-to-day functioning of constitutional functionaries; earlier rulings Shamsher Singh (1974) and Nabam Rebia (2016) held Governors must act on aid and advice of the Council of Ministers, while K.M. Singh (2020) had prescribed a 3-month limit for Speakers on disqualification petitions despite no constitutional timeline existing.

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