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Governor's Role and Constitutional Provisions (India) : Mandakini Study Institute - Patna
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Governor's Role and Constitutional Provisions (India)

The Governor is the constitutional head of a State in India, functioning similarly to how the President functions at the Union level.


📜 Constitutional Provisions (Articles 153–162, 163–167, 174–213)

  • Article 153 – There shall be a Governor for each State

  • Article 154 – Executive power of the State vested in the Governor

  • Article 155 – Appointment by the President

  • Article 156 – Holds office during the pleasure of the President (5-year term)

  • Article 157–158 – Qualifications and conditions of office

  • Article 159 – Oath of office

  • Article 161 – Power to grant pardon

  • Article 163 – Governor to act on aid and advice of Council of Ministers

  • Article 174 – Summon, prorogue, dissolve Legislative Assembly

  • Article 200 – Assent to bills

  • Article 213 – Ordinance-making power


⚖️ Role and Powers of the Governor

1️⃣ Executive Powers

  • Appoints the Chief Minister

  • Appoints other ministers on CM’s advice

  • Appoints Advocate General, State Election Commissioner, etc.

  • Acts as a link between State and Union Government


2️⃣ Legislative Powers

  • Summons and prorogues State Legislature

  • Dissolves Legislative Assembly

  • Addresses first session after general elections

  • Can reserve a bill for the President’s consideration

  • Promulgates Ordinances when legislature is not in session


3️⃣ Financial Powers

  • No Money Bill can be introduced without Governor’s recommendation

  • Causes State Budget to be laid before Legislature

  • Controls Contingency Fund of the State


4️⃣ Judicial Powers

  • Can grant pardon, reprieve, respite, or remission of punishment (Article 161)

  • Consulted in appointment of High Court judges


5️⃣ Discretionary Powers

  • Appointment of CM when no clear majority

  • Reservation of certain bills for President

  • Sending report to President recommending President’s Rule (Article 356)


🏛 Important Supreme Court Judgments

  • Shamsher Singh v. State of Punjab – Governor acts on aid and advice of Council of Ministers except in discretionary matters.

  • S.R. Bommai v. Union of India – Limited misuse of Article 356 (President’s Rule).


🔎 Position of Governor

  • Nominal executive head

  • Real executive power lies with the Council of Ministers

  • Acts as a constitutional guardian of the State


📌 Conclusion

The Governor plays a dual role:

  • Constitutional head of the State

  • Representative of the Union Government

While most powers are exercised on the advice of the Council of Ministers, certain discretionary powers make the office politically significant.

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