Who is the Governor? The Governor is the Constitutional Head of the State and the agent of the Centre. Articles 153 to 167 in Part VI deal with the State Executive. Usually, there is a governor for each state, but the 7th Amendment (1956) facilitated the appointment of the same person as governor for two or more states.
Appointment and Conditions
The Governor is neither directly elected nor indirectly elected by a special college. He is appointed by the President by warrant under his hand and seal. It is an independent constitutional office and not a subordinate to the Centre.
| Criteria | Details |
|---|---|
| Qualifications | 1. Citizen of India. 2. Completed 35 years of age. |
| Conventions | 1. Should be an outsider (not from same state). 2. CM should be consulted (often ignored). |
| Tenure | Pleasure of the President (usually 5 years). |
Powers and Functions
Similar to the President (Executive, Legislative, Financial, Judicial) but has no diplomatic, military, or emergency powers (except President's rule report).
Discretionary Powers (Constitutional)
- Article 200: Reservation of a Bill for President's consideration.
- Article 356: Recommendation for President's Rule.
- Article 239: Administrator of adjoining UT.
Situational Discretion
- Appointment of CM when no party has clear majority.
- Dismissal of Council of Ministers if it loses confidence.
- Dissolution of Assembly.
Comparison: Governor vs President (Pardon)
| Power | President | Governor |
|---|---|---|
| Pardon Death Sentence | Yes | No (Can suspend, remit or commute, but not pardon). |
| Court Martial | Yes | No jurisdiction. |
Controversies and Reforms
The office is often criticized as a "puppet of the Centre". Key recommendations:
- Sarkaria Commission (1983): Governor should be eminent person from outside state; not active in politics; fixed tenure should be respected.
- Punchhi Commission (2007): Impeachment provision for Governor should be there; 'Pleasure doctrine' should end.
- SC in B.P. Singhal case (2010): Governor cannot be removed arbitrarily merely for change of government at Centre.
Quick Facts for UPSC
- Oath: Administered by Chief Justice of the concerned High Court.
- Ordinance (Art 213): Can promulgate ordinances when state assembly is not in session.
- Dual Role: Constitutional head of state + Representative of Centre.
UPSC Previous Year Questions (Selected)
Q1. Which one of the following authorities makes recommendation to the Governor regarding the principles which should govern the distribution of taxes between the State and Panchayats? (Prelims 2010)
A. CM
B. State Finance Commission
C. Union Finance Minister
D. District Magistrate
Answer: B. State Finance Commission (Article 243-I).
Q2. Discuss the essential conditions for exercise of legislative powers by the Governor. (Mains)
Answer Note: Discuss Ordinance making power (Art 213) - recess of legislature, immediate action required.
Practice MCQs
- Who administers the oath to the Governor?
A. President
B. Chief Justice of India
C. Chief Justice of High Court
D. Outgoing Governor - The Governor holds office during the pleasure of:
A. Prime Minister
B. President
C. Chief Minister
D. Vice President - Which Article deals with the pardoning power of the Governor?
A. Article 72
B. Article 161
C. Article 123
D. Article 213 - Who appoints the Governor?
A. Chief Minister
B. Prime Minister
C. President
D. Chief Justice of India - Can the same person be appointed as Governor for two or more states?
A. No
B. Yes, by 7th Amendment
C. Yes, by 42nd Amendment
D. Only with CM's permission
View Answer Key
1. C | 2. B | 3. B | 4. C | 5. B
Related Topics
Frequently Asked Questions
Can the Governor be impeached?
No, the Constitution does not lay down any grounds or procedure for the removal of the Governor.
Who appoints the Vice-Chancellor of State Universities?
The Governor typically acts as the Chancellor of State Universities and appoints the VC.
Can Governor pardon death sentence?
No, only the President can pardon death sentences. Governor can only suspend, remit or commute it.
Is the Governor bound by the advice of Ministers?
Generally yes, except when exercising discretionary powers.