The Constitutional Position of the Governor

The Constitution provides for a parliamentary form of government in both the Centre and the States.
That means — just like the President at the Centre, the Governor in a state is the nominal (constitutional) head,
while the real executive power lies with the Council of Ministers headed by the Chief Minister.

👉 So, the Governor acts with the aid and advice of the Council of Ministers,
except in certain situations where the Constitution allows him/her to act in discretion.

🧭 Key Constitutional Articles: 154, 163, 164

Let’s read these three articles together — they form the constitutional foundation of the Governor’s position.

Article 154 — Executive Power of the State

“The executive power of the state shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him, in accordance with the Constitution.”

So, technically, all executive authority in the state belongs to the Governor —
but it is exercised in accordance with the Constitution, meaning → on ministerial advice.

Article 163 — Council of Ministers to Aid and Advise the Governor

“There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except those in which he is required to act in his discretion.”

Hence, Governor = bound by advice, except where the Constitution explicitly or implicitly gives discretion.

Article 164 — Collective Responsibility

“The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.”

This line is the soul of parliamentary democracy at the state level.
It means the Governor acts through a Council that is answerable to the people’s representatives, not to him/her personally.

⚖️ Difference between President and Governor

Though both are “constitutional heads,” there are two subtle but major differences:

1. The Governor is allowed to act in discretion in some situations —
   but the President has no such scope (the President always acts on advice).
2. After the 42nd Constitutional Amendment (1976), the President is bound to accept ministerial advice.
   However, no such binding provision exists for the Governor.

Hence, the Governor’s position is slightly more flexible — which in practice, sometimes becomes controversial.

🧩 The Governor’s Discretion — Two Types

The Governor’s discretion can be divided into two categories:

1. Constitutional Discretion (Express Discretion)

— i.e., clearly mentioned in the Constitution itself.

Cases include:

1. Reservation of a Bill for the President’s consideration (Article 200).
2. Recommendation of President’s Rule under Article 356.
3. When acting as Administrator of a Union Territory (with additional charge).
4. Determining royalty payments to Autonomous District Councils in Assam, Meghalaya, Tripura, Mizoram (under Sixth Schedule).

👉 Here, the Constitution itself explicitly says the Governor “shall act in his discretion.”

2. Situational Discretion (Implied / Hidden Discretion)

— not written in the Constitution, but arises out of political circumstances.

Examples:

1. Appointment of Chief Minister when:
   • No party has a clear majority, or
   • CM dies suddenly and no successor is obvious.
2. Dismissal of the Council of Ministers when it loses the confidence of the Legislative Assembly.
3. Dissolution of Legislative Assembly when the ministry has lost majority and no viable alternative exists.

👉 These are practical situations where the Governor has to use judgment, not just constitutional text.

🧿 Special Responsibilities of Governors

In addition to ordinary duties, the Constitution gives special responsibilities to Governors of certain states —
and in these matters, they act finally in their discretion, even though they may consult the CM.

Let’s list them (important for prelims):

State	Special Responsibility / Function
Maharashtra	Establish separate development boards for Vidarbha and Marathwada
Gujarat	Separate development boards for Saurashtra and Kutch
Nagaland	Law and order in state as long as internal disturbance in Naga Hills–Tuensang Area continues
Assam	Administration of Tribal Areas
Manipur	Administration of Hill Areas
Sikkim	Peace and advancement of different sections of population
Arunachal Pradesh	Law and order in the state
Karnataka	Establishment of a development board for Hyderabad–Karnataka region (now Kalyana Karnataka)

➡️ In all these matters, the Governor acts as per Presidential directions, but finally in his/her discretion.

🏛️ Dual Role of the Governor

This is a famous UPSC question — “Explain the dual role of the Governor in the Indian federal system.”

The Governor plays two roles:

1. Constitutional Head of the State — functioning under the advice of the State Council of Ministers.
2. Representative (Agent) of the Centre — ensuring that the State Government functions according to the Constitution.

This dual character creates both coordination and friction in India’s federal setup.

⚠️ Issues in the Functioning of the Governor

(As identified by the Sarkaria Commission, 1983–88)

The Commission deeply studied how the office has been used and misused.
It highlighted several practical problems — most of which still persist today.

Let’s go one by one:

1. In Choosing the Chief Minister

• When one party or coalition has a clear majority → no problem.
• But if no party commands a majority, the Governor must use discretion to decide who should be invited to form the government.
• The Commission suggested a fair method:

Invite the leader who, in the Governor’s judgment, has the largest likely support in the Assembly —
and let the Assembly test the majority on the floor.

👉 This minimizes charges of bias or favouritism.

2. In Testing Majority

• Some Governors relied on letters of support, others on physical head-counts.
• The Commission said: majority should always be tested on the floor of the Assembly — not in Raj Bhavan.

3. In Dismissal of Chief Minister

• There has been no uniform standard.
• A CM must resign or be dismissed if he loses majority.
• The correct process: ask the CM to prove majority on the floor; don’t dismiss arbitrarily.

4. In Dissolving the Assembly

• Some Governors accepted the advice of a CM who had lost majority, others didn’t.
• The Commission clarified:

If the CM still has Assembly’s confidence, the Governor must normally follow his advice.
But if the CM has lost it, his advice is not binding.

5. In Recommending President’s Rule (Article 356)

• Governors sometimes recommended President’s Rule prematurely, without exploring other options.
• In many cases, opposition parties were not given a fair chance to form government, or elections were not promptly held.
• Such actions were seen as partisan and unconstitutional.

👉 The Commission emphasized that President’s Rule must be the last resort — not a political tool.

6. In Reserving Bills for President’s Consideration

• This power has occasionally been misused for political reasons, delaying state legislation.
• The Commission urged that reservation should be based on constitutional necessity, not political convenience.

7. In Nominations to Legislative Council

• Discretion in nominating members to the Legislative Council has sometimes been abused to reward ruling-party loyalists.
• The Commission clarified: such nominations are not discretionary — they must follow constitutional criteria (special knowledge, social service, etc.).

8. In Role as Chancellor of Universities

• As per university laws, the Governor is the ex-officio Chancellor.
• In that capacity, Governors have used their statutory powers (like appointing Vice-Chancellors or members) independently.
• This has raised debates:
  Should the Governor follow ministerial advice even in this role?

👉 The Commission noted that these powers are conferred by State laws, not by the Constitution —
so there must be clarity and restraint to avoid political conflict with the elected government.

🔍 Overall Interpretation

“The Governor was meant to be a constitutional umpire, but too often becomes a political player.”

The design of the office is noble — neutrality, stability, and coordination between Centre and State.
But the practice has often been distorted due to partisan appointments and misuse of discretion.

✅ In essence:

The Governor’s office was envisioned as a bridge between the Centre and the State —
not as a political weapon.
Its true spirit lies in constitutional morality and federal balance.

Articles Related to Governor at a Glance

Article No.	Subject-matter
153	Governors of states
154	Executive power of state
155	Appointment of Governor
156	Term of office of Governor
157	Qualifications for appointment as Governor
158	Conditions of Governor’s office
159	Oath or affirmation by the Governor
160	Discharge of the functions of the Governor in certain contingencies
161	Power of the Governor to grant pardons and others
162	Extent of executive power of state
163	Council of ministers to aid and advise the Governor
164	Other provisions as to ministers like appointments, term, salaries, and others
165	Advocate-General for the state
166	Conduct of business of the government of a state
167	Duties of the Chief Minister regarding furnishing of information to the Governor, and so on
174	Sessions of the state legislature, prorogation and dissolution
175	Right of the Governor to address and send messages to the house or houses of state legislature
176	Special address by the Governor
200	Assent to bills (i.e. assent of the Governor to the bills passed by the state legislature)
201	Bills reserved by the Governor for consideration of the President
213	Power of Governor to promulgate ordinances
217	Governor being consulted by the President in the matter of the appointments of the judges of the High Courts
233	Appointment of district judges by the Governor
234	Appointments of persons (other than district judges) to the judicial service of the state by the Governor