Page 28 β Governor
Based on M. Laxmikanth β Indian Polity (6th Edition)
Key Idea Summary
Core concepts and exam relevance
The Governor (Articles 153β162) is the constitutional head of the state, analogous to the President at the Union level.
Acts on advice of the Chief Minister & Council of Ministers, except in discretionary matters.
- Appointment & removal process
- Discretionary powers
- GovernorβCM relationship
- Role during President's Rule
- Veto powers over state bills
Appointment & Tenure
How Governor is selected
Appointment
- Appointed by President
- On advice of Union Council of Ministers
- No fixed procedure
- Centre's choice (political appointee)
Tenure
- Term: 5 years
- Holds office during President's pleasure
- Can be removed anytime
- Can resign to President
Qualifications
- Citizen of India
- Age: 35+ years
- Not hold office of profit
- Not be MP or MLA
Special Feature
- Can be Governor of multiple states
- E.g., One Governor for Punjab & Chandigarh
- Usually from outside the state
- Convention: Not from same state
Powers of the Governor
Four categories of powers
A) Executive Powers
- Appoints CM, Ministers
- Appoints Advocate General
- Appoints State PSC members
- Appoints VCs of state universities
- Controls tribal areas (Schedule V)
B) Legislative Powers
- Summons & prorogues legislature
- Addresses first session
- Can reserve bills for President
- Ordinance power (Art. 213)
- Nominates 1/6 members to Legislative Council
C) Financial Powers
- Budget laid before Governor
- Money Bill with Governor's recommendation
- Controls State Contingency Fund
- Causes preparation of annual statement
D) Judicial Powers
- Can grant pardons, reprieves
- Only for state law offences
- Cannot pardon: Death sentence
- Cannot pardon: Court-martial cases
- Consulted on HC judge appointments
Discretionary Powers
When Governor acts independently
ποΈ Choosing CM
When no party gets clear majority, Governor uses discretion to invite party/coalition leader.
π Reserving Bills
Can reserve state bills for President if they conflict with Union law or Constitution.
β οΈ Article 356 Report
Reports breakdown of state machinery to President, leading to President's Rule.
β Withholding Assent
Can withhold assent to bills or return for reconsideration.
π£οΈ Seeking Information
Can seek information from CM about administrative matters (Art. 167).
π Assam/Schedule VI
In states with tribal areas, Governor has special discretionary powers.
Simulation Lab
Governor Decision Explorer
π§ͺ Governor's Discretion Simulator
Select a scenario to see how Governor exercises discretion.
Select a scenario to see how Governor acts.
Exam Booster β Practice Questions
Test your understanding
1 Who appoints the Governor?
Governor is appointed by President on the advice of Union Council of Ministers. It's a political appointment with no fixed procedure.
2 Governor's ordinance-making power is under:
Art. 213 = Governor's ordinance power. Art. 123 = President's ordinance. Art. 356 = President's Rule. Art. 161 = Governor's pardoning power.
Memory Hooks & Quick Revision
Key takeaways for exam day
Revision Summary
3 Exam Points to Remember
- 1 Art. 153-162: Governor | Appointed by President | Term: 5 years (pleasure)
- 2 Art. 213: Ordinance | Art. 161: Pardon | Art. 356: President's Rule report
- 3 Discretion: Hung assembly, Reserve bills, Art. 356 report, Tribal areas