The Governor and the State Executive
Governor, Chief Minister and State Legislature for UPSC — appointment, discretion, assent under Articles 200–201, Legislative Councils and the 2025 rulings.
SyllabusGS II · Structure, organisation and functioning of the Executive; Parliament and State legislatures — structure, functioning, conduct of business, powers and privileges
Prerequisites: The President and Vice-President · Prime Minister and Council of Ministers
The Hook: Ten Bills and a Governor’s Silence
On 8 April 2025, in State of Tamil Nadu v. Governor of Tamil Nadu, a two-judge bench of the Supreme Court held that the Governor had acted unlawfully by sitting on ten Bills passed by the State legislature and then reserving them for the President after they had been re-passed. The Court laid down outer time-limits for gubernatorial action under Article 200 and, using its power under Article 142, declared the ten Bills to have received assent.
In May 2025, the President referred questions arising from that judgment to the Supreme Court under Article 143. A five-judge Constitution bench gave its opinion in November 2025, holding that courts cannot prescribe fixed timelines or declare “deemed assent”, while leaving prolonged and unexplained inaction open to limited judicial scrutiny.
Behind the litigation lies the question this page answers: is the Governor the constitutional head of the State, or the Union’s agent within it — and how much discretion does the office really carry?
The Core Concept
The State executive copies the Union’s parliamentary design. The Governor is the nominal head (Article 154 vests the State’s executive power in the Governor); the Chief Minister and Council of Ministers exercise real power; and they are collectively responsible to the Legislative Assembly.
The Governor — appointment and tenure
| Article | Provision |
|---|---|
| 153 | A Governor for each State; the 7th Amendment (1956) allows one person to be Governor of two or more States |
| 155 | Appointed by the President by warrant under hand and seal — neither directly nor indirectly elected |
| 156 | Holds office during the pleasure of the President; normal term five years; may resign to the President |
| 157 | Qualifications: citizen of India; completed 35 years |
| 158 | Not a member of any legislature; no other office of profit; emoluments fixed by Parliament, not reduced during the term; when shared between States, the President decides the allocation |
| 159 | Oath administered by the Chief Justice of the High Court (or the senior-most judge available) |
| 161 | Pardoning power for offences against State laws |
| 361 | Not answerable to any court for the exercise of official powers; no criminal proceedings and no arrest during the term |
In B.P. Singhal v. Union of India (2010), a Constitution bench held that although the Governor holds office at the President’s pleasure, removal cannot be arbitrary, capricious or unreasonable — a change of government at the Centre, or a difference with the Union’s policies, is not by itself a valid ground.
The Constitution does not lay down a removal procedure, nor require that the Governor be an outsider to the State. These were among the conventions recommended by the Sarkaria Commission (1983–88), which suggested appointing eminent persons from outside the State who had not been recently active in politics, after consulting the Chief Minister.
Powers of the Governor
| Category | Key powers |
|---|---|
| Executive | Appoints the CM and, on the CM’s advice, other ministers; appoints the Advocate General, the State Election Commissioner and the chairman and members of the State Public Service Commission (removed only by the President); may seek information from the CM (Art 167) |
| Legislative | Summons and prorogues the legislature and dissolves the Assembly (Art 174); addresses the legislature (Art 175, 176); nominates one-sixth of the members of the Legislative Council; assents to Bills (Art 200); promulgates ordinances (Art 213) |
| Financial | Budget laid in the Governor’s name; no money Bill without recommendation; State Contingency Fund at the Governor’s disposal; constitutes a State Finance Commission every five years for panchayats and municipalities |
| Judicial | Pardon, reprieve, respite, remission, commutation (Art 161); consulted in appointing High Court judges; appoints district judges in consultation with the High Court |
Assent to Bills (Articles 200 and 201)
graph TD
A[Bill passed by State legislature] --> B{Governor under Article 200}
B --> C[Gives assent - becomes law]
B --> D[Withholds assent]
B --> E[Returns non-Money Bill for reconsideration]
B --> F[Reserves for the President]
E --> G[Legislature re-passes, with or without amendment]
G --> H[Governor shall not withhold assent]
F --> I{President under Article 201}
I --> J[Assents]
I --> K[Withholds]
I --> L[Directs Governor to return non-Money Bill]
L --> M[Legislature reconsiders within six months; President not bound to assent]- Reservation is obligatory when a Bill would derogate from the powers of the High Court.
- Reservation is discretionary in other cases, such as Bills against the provisions of the Constitution or the DPSP, or of grave national importance.
- Unlike the Governor, the President is not bound to assent to a reserved Bill even after the legislature reconsiders it.
- The Constitution does not fix a time limit for either the Governor or the President. The 2025 judgment and the Article 143 opinion that followed have addressed how far courts can intervene when there is delay.
Ordinance power (Article 213)
As with the President: only when the legislature (or one House, where bicameral) is not in session; lapses six weeks after reassembly. But the Governor cannot promulgate an ordinance without the President’s instructions if (a) a Bill with the same provisions would need the President’s previous sanction for introduction, (b) the Governor would have reserved such a Bill, or (c) an Act of the State legislature with the same provisions would be invalid without the President’s assent.
Discretion of the Governor
Article 163: the Governor acts on the aid and advice of the Council of Ministers “except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion”. Whether a matter is discretionary is decided by the Governor, and that decision cannot be questioned. Unlike Article 74 for the President, there is no express provision for sending advice back.
| Constitutional discretion | Situational discretion |
|---|---|
| Reserving a Bill for the President (Art 200) | Appointing a CM when no party has a clear majority, or when a CM dies with no obvious successor |
| Recommending President’s Rule (Art 356) | Dismissing a Council of Ministers that cannot prove its majority |
| As administrator of an adjoining Union Territory, if so appointed | Dissolving the Assembly when the ministry has lost its majority |
| Determining the amount payable by Assam, Meghalaya, Tripura and Mizoram to autonomous tribal district councils from mineral royalties (Sixth Schedule) | |
| Seeking information from the CM (Art 167) |
Judicial limits: Shamsher Singh (1974) — the Governor normally acts on ministerial advice; S.R. Bommai (1994) — majority must be tested on the floor of the House, not in the Governor’s chamber, and an Article 356 proclamation is subject to judicial review; Nabam Rebia v. Deputy Speaker (2016) — the Governor cannot summon or advance a session of the Assembly on his own, without ministerial advice, except in specified situations.
Chief Minister and Council of Ministers (Articles 163–167)
| Article | Provision |
|---|---|
| 164(1) | CM appointed by the Governor; other ministers by the Governor on the CM’s advice; ministers hold office during the Governor’s pleasure. In Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha, there shall be a minister in charge of tribal welfare (94th Amendment, 2006, replaced Bihar with Chhattisgarh and Jharkhand) |
| 164(1A) | Ministers, including the CM, shall not exceed 15% of the Assembly’s total strength, but shall not be fewer than 12 (91st Amendment, 2003) |
| 164(1B) | A legislator disqualified for defection cannot be a minister until re-elected |
| 164(2) | Collective responsibility to the Legislative Assembly |
| 164(4) | A non-member minister ceases after six consecutive months |
| 165 | Advocate General — qualified to be a High Court judge; appointed by the Governor; holds office during the Governor’s pleasure; right to speak in the legislature but not to vote (Art 177) |
| 167 | CM’s duty to communicate decisions to the Governor and furnish information |
The State Legislature (Articles 168–212)
| Point | Legislative Assembly (Vidhan Sabha) | Legislative Council (Vidhan Parishad) |
|---|---|---|
| Strength | Not more than 500, not fewer than 60 (Art 170); smaller States such as Sikkim (32), Goa (40) and Mizoram (40) have fewer under specific provisions | Not more than one-third of the Assembly’s strength, not fewer than 40 (Art 171) |
| Election | Direct, by adult franchise | Mixed — see below |
| Minimum age | 25 years | 30 years |
| Term | Five years unless dissolved | Permanent; one-third retire every second year; six-year term |
| Money Bill | Exclusive | Recommend within 14 days |
| Ordinary Bill | Final say | Can delay — up to three months the first time and one month the second time; no joint sitting in States |
Composition of a Legislative Council: one-third elected by members of local bodies (municipalities, district boards and others); one-twelfth by graduates of three years’ standing; one-twelfth by teachers of three years’ standing (secondary school and above); one-third by members of the Legislative Assembly; and the remainder (about one-sixth) nominated by the Governor from persons with knowledge of literature, science, art, the co-operative movement and social service.
Creation or abolition (Article 169): the Legislative Assembly passes a resolution by a special majority (majority of its total membership and two-thirds of members present and voting); Parliament then acts by a simple majority law, which is not deemed an amendment under Article 368.
States with Legislative Councils (six): Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.
Memory Anchors
Governor’s three-way oath ladder: President ← CJI; Vice-President ← President; Governor ← Chief Justice of the High Court.
Six Council States: “Big Mangoes Keep Us All Together” → Bihar · Maharashtra · Karnataka · Uttar Pradesh · Andhra Pradesh · Telangana
Council composition — “3-12-12-3-6”: one-3rd local bodies, one-12th graduates, one-12th teachers, one-3rd MLAs, about one-6th nominated.
Article 200 options: “Assent, Withhold, Return, Reserve” → “AWRR”.
One-line Mains hook: the Governor is meant to be a bridge between the Union and the State — not a wall.
For Prelims
- The Governor is appointed by the President (Art 155) and holds office during the President’s pleasure (Art 156); minimum age 35.
- One person can be Governor of two or more States — 7th Amendment (1956).
- Governor’s oath: Chief Justice of the High Court.
- Reservation for the President is mandatory for Bills that derogate from the High Court’s powers.
- Governor’s pardon: no death-sentence pardon and no court-martial jurisdiction.
- Council of Ministers in States: max 15%, min 12 (91st Amendment).
- Legislative Council: created or abolished under Article 169 — not an Article 368 amendment.
For Mains
- Dimensions: the Governor as constitutional head vs agent of the Centre; delay in assent; role in hung Assemblies; reports under Article 356; Governors as university chancellors under State laws; the usefulness of Legislative Councils.
- Keywords: constitutional discretion, situational discretion, aid and advice, floor test, pleasure doctrine, cooperative federalism, institutional comity.
- Value-addition: Shamsher Singh (1974), S.R. Bommai (1994), B.P. Singhal (2010), Nabam Rebia (2016); the April 2025 Tamil Nadu judgment and the November 2025 Article 143 opinion; the Sarkaria Commission (1983–88) and the Punchhi Commission (2007–10).
Common Traps
In the News
- April 2025 — State of Tamil Nadu v. Governor of Tamil Nadu: the Supreme Court held the Governor’s prolonged withholding and later reservation of ten re-passed Bills unlawful and declared them assented under Article 142.
- May 2025 — the President made a reference under Article 143 on the powers of Governors and the President over State Bills.
- November 2025 — a Constitution bench answering the reference opined that courts cannot fix timelines or deem assent, while prolonged unexplained inaction remains open to limited judicial review.
Practice
Prelims
Consider the following statements regarding the Governor of a State:
- The same person can be appointed Governor of two or more States.
- The Constitution lays down a fixed procedure for the removal of a Governor.
- The oath of office is administered by the Chief Justice of the concerned High Court.
Which of the statements given above is/are correct?
Solution
Statement 1 is correct — the 7th Amendment (1956) permits it. Statement 2 is incorrect — the Governor holds office during the President’s pleasure; the Constitution prescribes no removal procedure or grounds. Statement 3 is correct — Article 159.
Answer: A
How is a Legislative Council created or abolished in a State?
Solution
Under Article 169, the Legislative Assembly passes a resolution by a special majority, and Parliament then makes a law by a simple majority. Such a law is expressly not an amendment under Article 368. Article 249 concerns the State List; there is no Presidential-order route.
Answer: D
How many of the following are elected or nominated to a State Legislative Council in the manner prescribed under Article 171?
- One-third elected by members of local authorities
- One-twelfth elected by graduates of three years’ standing
- One-twelfth elected by teachers of three years’ standing
- One-half nominated by the Governor
Solution
Items 1, 2 and 3 are correct. The Governor nominates the remainder — about one-sixth, not one-half. The other one-third is elected by members of the Legislative Assembly. So three.
Answer: C
Mains
“The office of the Governor has become a site of friction in Centre–State relations.” Critically examine with reference to the Governor’s discretionary powers and recent judicial pronouncements.
Solution
Introduction: The Governor is the constitutional head of the State (Article 154) but is appointed by and holds office at the pleasure of the President (Articles 155–156). This dual position makes the office a frequent point of conflict.
Body:
- Sources of friction:
- Delay or refusal of assent to Bills; reservation for the President (Articles 200–201).
- Discretion in government formation in hung Assemblies.
- Reports recommending President’s Rule (Article 356).
- Removal of Governors after changes of government at the Centre.
- Judicial responses: S.R. Bommai (1994) — floor test and judicial review of Article 356; B.P. Singhal (2010) — no arbitrary removal; Nabam Rebia (2016) — limits on summoning the House; April 2025 Tamil Nadu judgment and the November 2025 Article 143 opinion on assent.
- Commission recommendations: Sarkaria — eminent outsiders, consultation with the CM, sparing use of Article 356; Punchhi — fixed tenure and a removal process.
- Defence of the office: guardian of the Constitution in the State; link with the Union; necessary discretion in genuine constitutional breakdowns.
Conclusion: The Governor’s office works best when discretion is exercised sparingly, transparently and within constitutional conventions. Codifying those conventions and respecting institutional comity would turn friction into cooperative federalism.
Quick Revision
| Point | One-liner |
|---|---|
| Appointment | President, by warrant (Art 155) |
| Tenure | Pleasure of the President; five years (Art 156); B.P. Singhal (2010) |
| Oath | Chief Justice of the High Court (Art 159) |
| Assent | Art 200 — assent, withhold, return, reserve; mandatory reservation for High Court–related Bills |
| Ordinance | Art 213 — needs President’s instructions in three cases |
| Discretion | Art 163 — Governor decides what is discretionary |
| CoM size | 15% of Assembly; minimum 12 |
| Legislative Council | Art 169; six States; max one-third of Assembly, min 40 |
Key Takeaways
- The Governor is appointed by the Centre and holds office at its pleasure, but removal cannot be arbitrary.
- Governor’s discretion is wider on paper than the President’s, but courts have tied it to the floor test, ministerial advice and good faith.
- Assent under Articles 200–201 is the most litigated Governor’s power — know all four options and the 2025 developments.
- Legislative Councils exist in six States, are created under Article 169 and can only delay ordinary Bills.
Related Topics
- State Government — quick revision
- State Government — practice questions
- Federalism and Centre-State Relations
- The President and Vice-President
- Local Government