Governor

Subject: Polity | Unit: State Government | Topic: Governor Exam: AP Group 2 (APPSC) Prerequisites: President and Vice President

Introduction

The Governor is the constitutional head of a State, appointed by the President and serving as both the nominal executive of the State and an agent of the Centre. This dual role makes the Governor's office one of the most debated institutions in Indian federalism. For APPSC aspirants, understanding the Governor's powers — especially discretionary powers and the contrast with the President — is critical.

Historical Context / Constitutional Background

The office of Governor was modelled on the colonial Governor under the Government of India Act 1935, adapted for a democratic republic. Unlike the President who is elected, the Governor is appointed by the President, giving the Centre significant influence over state affairs. The Sarkaria Commission (1988) and Punchhi Commission (2010) recommended reforms to make the office less politically controversial.

Core Content

Basic Provisions

• Article 153: There shall be a Governor for each State; same person can be Governor for two or more States (7th Amendment, 1956)
• Article 154: Executive power of the State vested in the Governor
• Governor is the nominal/constitutional head — real power lies with CM and COM
• Governor is an agent of the Centre — this dual role is unique

Appointment (Article 155)

• Governor is appointed by the President by warrant under his hand and seal
• Governor is NOT elected — unlike the President
• Sarkaria Commission (1988): Recommended Governor be eminent person from outside the State, not active in politics, appointed in consultation with CM
• Punchhi Commission (2010): Recommended fixed 5-year tenure, removal only by State Legislature resolution

Qualifications (Article 157)

• Must be a citizen of India
• Must have completed 35 years of age
• Should NOT be a member of either House of Parliament or State Legislature
• Should NOT hold any office of profit

Term and Removal (Article 156)

• Term: 5 years from date of assuming office
• Holds office at the pleasure of the President — no security of tenure
• Can resign by writing to the President
• No grounds specified for removal — President can remove at any time
• B.P. Singhal v. Union of India (2010): Removal cannot be arbitrary; must be based on compelling reasons; subject to judicial review

Oath (Article 159)

• Administered by the Chief Justice of the High Court (or senior-most available judge)

Executive Powers

• All executive actions taken in name of the Governor (Art 166)
• Appoints Chief Minister and other ministers on CM's advice (Art 164)
• Appoints Advocate General (Art 165), State Election Commissioner, State PSC Chairman/members
• Can seek information from CM on administration (Art 167)

Legislative Powers

• Can summon, prorogue Legislature and dissolve Legislative Assembly (Art 174)
• Governor's assent to Bills — can give assent, withhold assent, return for reconsideration, or reserve for President (Art 200)
• Ordinance-making power (Art 213): When Legislature is not in session

Financial Powers

• Money bills require Governor's prior recommendation (Art 207)
• Governor causes annual budget to be laid before Legislature (Art 202)
• Contingency Fund of State at Governor's disposal (Art 267(2))

Judicial Powers (Article 161)

• Can grant pardons, reprieves, respites, remission or commute sentences for offences against State laws
• Cannot pardon death sentences — only President can (Art 72)
• Cannot pardon court martial sentences — only President can
• Consulted in appointment of High Court judges (Art 217)

Discretionary Powers

• Article 163(1): COM aids and advises Governor except where Constitution requires discretion
• Article 163(2): Governor's decision on whether a matter is discretionary is final and cannot be questioned
• Discretionary situations include:
  • Appointment of CM when no clear majority
  • Dismissal of COM when it loses majority
  • Dissolution of Assembly
  • Reservation of bills for President's consideration
  • Recommending President's Rule under Article 356
  • Exercising functions as administrator of adjoining UT

Comparison: President vs Governor

Key Articles Table

Andhra Pradesh Connection

• Governor of AP resides at Raj Bhavan, Vijayawada (shifted from Hyderabad post-bifurcation)
• AP Governor also served as Governor of Telangana during transition (2014-2016)
• 1984 NTR Controversy: Governor Ram Lal dismissed CM N.T. Rama Rao while abroad; NTR proved majority and was reinstated — landmark case of Governor misuse
• S.R. Bommai case (1994): Restricted arbitrary President's Rule; Governor's Art 356 recommendation now subject to judicial review

Key Points Summary

1. Governor is appointed by President (not elected) — Art 155
2. Holds office at pleasure of President — no security of tenure (Art 156)
3. Same person can be Governor of two or more states (7th Amendment)
4. Qualifications: citizen, 35 years (same age as President)
5. Governor is nominal head; CM is real head of state executive
6. Governor is also agent of the Centre in the State
7. Cannot pardon death sentences or court martial sentences (unlike President)
8. Can reserve bills for President's consideration (Art 200)
9. Ordinance power under Art 213 when Legislature not in session
10. Discretionary powers: CM appointment (hung assembly), dissolution, bill reservation, Art 356 recommendation
11. B.P. Singhal (2010): Removal cannot be arbitrary; subject to judicial review
12. Sarkaria Commission: Governor should be from outside the state, non-political
13. Punchhi Commission: Recommended fixed tenure and removal safeguards
14. Art 163(2): Governor's discretion decision is final, not questionable in court
15. NTR controversy (1984) and S.R. Bommai (1994) are landmark AP-relevant cases

Exam Strategy

Key Terms Glossary