Turning News into Notes for UPSC and Beyond – with Jaiprakash Rau, Senior IRS (Retd)
The office of the Governor is one of the most debated constitutional institutions in Indian polity. In a federation with a strong unitary tilt, the Governor functions simultaneously as:
Constitutional head of the state
Link between Union and State governments
Guardian of constitutional governance
Crisis manager during political instability
Constitutional sentinel against breakdown of governance
At the same time, the office is frequently criticized as:
an instrument of Union interference,
a political appointee,
and occasionally an extra-constitutional actor.
For UPSC, the topic is extremely important because it combines:
Federalism
Constitutional morality
Centre–State relations
Judicial review
Political ethics
Cooperative federalism
Governance reforms
I. Constitutional Position of the Governor
Relevant Constitutional Articles
Relevant Constitutional Articles
Provision Subject
Article 153 Governor for each State
Article 154 Executive power of State vested in Governor
Article 155 Appointment by President
Article 156 Holds office during pleasure of President
Article 157 Qualifications
Article 158 Conditions of office
Article 159 Oath
Article 160 Contingency provisions
Article 161 Pardoning powers
Article 163 Council of Ministers to aid and advise
Article 164 Appointment of Chief Minister and Ministers
Article 167 CM’s duty to furnish information
Article 174 Summon, prorogue, dissolve Assembly
Article 175 Address and send messages to legislature
Article 176 Special address
Article 200 Assent to Bills/reservation for President
Article 201 Bills reserved for President
Article 213 Ordinance-making power
Article 356 Report regarding constitutional breakdown
II. Why Governor Exists in Indian Federalism
India is not a classical federation like the USA.
The Constitution establishes:
a federation with unitary features,
strong Centre,
integrated judiciary,
All India Services,
emergency provisions,
and centrally appointed Governors.
The Governor therefore serves multiple federal objectives:
- Constitutional Head of the State
Like the President at the Union level, the Governor acts on aid and advice of the Council of Ministers. - Federal Link
The Governor communicates state developments to the Union and ensures:
constitutional governance,
compliance with Union laws,
protection of national unity. - Constitutional Guardian
The Governor may intervene during:
hung assemblies,
breakdown of law and order,
unconstitutional governance,
legislative paralysis. - Balancing Regionalism and National Unity
The office was designed to:
integrate diverse states,
prevent centrifugal tendencies,
preserve constitutional order.
III. Is Governor Merely an Agent of the Union?
This is one of the most important analytical dimensions for UPSC.
Why the Governor Appears Like Union’s Agent
- Appointment by President (effectively Union Government)
Governor is not elected by the state. - Removal at Pleasure
Under Article 156, the Governor holds office during the pleasure of the President.
This creates political dependence. - Role in Article 356
Governor’s report can trigger President’s Rule.
Historically misused. - Reservation of Bills
Governors can delay or reserve state legislation. - Political Appointments
Often retired politicians, bureaucrats, or ruling party leaders are appointed.
But Constitutionally, Governor is NOT Merely an Agent
The Supreme Court repeatedly clarified this.
Hargovind Pant v. Raghukul Tilak (1979)
The Court held:
Governor is not an employee or subordinate of the Union Government.
Governor occupies an independent constitutional office.
Key Principle :
Governor is:
not accountable to Union cabinet in daily functioning,
expected to act impartially,
bound by constitutional morality.
IV. Discretionary Powers of Governor
Constitutional Discretion
Article 163
Governor may act in discretion in situations specified by Constitution.
Examples
Appointment of CM in hung assembly
Dismissal of government losing majority
Reservation of bills
Recommending President’s Rule
Calling floor test
V. Article 200: Reservation of Bills
Governor may:
Assent
Withhold assent
Return bill (except money bill)
Reserve bill for President
(This power has become controversial recently).
VI. Recent Controversies
A. Tamil Nadu Governor vs State Government
R. N. Ravi and the Tamil Nadu government were involved in repeated confrontations over:
Delay in assent to bills
Public criticism of state government
Refusal/delay in forwarding NEET exemption bill
Remarks on “Tamilagam”
Delay in appointing Vice Chancellors
Constitutional Issue
Can Governor indefinitely sit on bills?
The Supreme Court strongly indicated:
Governor cannot use “pocket veto.”
Constitutional authorities must act within reasonable time.
Broader Federal Concern
Unelected Governor frustrating elected legislature.
B. West Bengal Governor Controversies
C. V. Ananda Bose and earlier Jagdeep Dhankhar had prolonged conflicts with the state government led by Mamata Banerjee.
Issues included:
Law and order observations
University appointments
Public criticism through social media
Frequent intervention in administration
Criticism
Governors becoming “parallel political actors.”
Defence
Governor has constitutional duty to: warn, advise, and preserve constitutional governance.
VII. High-Handedness and Constitutional Limits
This is a major UPSC analytical area.
VIII. S.R. Bommai Case (1994): Landmark on Federalism
S. R. Bommai v. Union of India transformed Centre–State relations.
Background
Article 356 had been repeatedly misused to dismiss opposition governments.
Governors often sent politically motivated reports.
Supreme Court Principles
- Federalism is Basic Structure
Centre cannot arbitrarily dismiss states. - Floor Test Mandatory
Majority must be tested on Assembly floor. - Judicial Review Allowed
President’s Rule is not beyond scrutiny. - Governor’s Report Not Absolute
Court can examine mala fides.
IX. N.T. Rama Rao Episode (1984)
N. T. Rama Rao was removed by Governor Thakur Ram Lal while he was hospitalized.
Governor invited a dissident leader to form government without proper floor test.
Massive public outrage followed.
Eventually NTR was reinstated.
Significance
This episode exposed:
misuse of gubernatorial discretion,
partisan role of Governors,
dangers of central interference.
It became a turning point in debates on:
constitutional morality,
democratic legitimacy,
federalism.
X. Can Governor Act Against Horse-Trading and Unholy Alliances?
This is an excellent interview-level analytical question.
Short Answer:
Yes, but only constitutionally — not politically.
XI. Constitutional Duty During Political Instability
Governor cannot be a mute spectator when: bribery, defections, illegal inducements, unconstitutional manipulation, or breakdown of governance occurs.
The Governor must: preserve constitutional order, ensure stable government,
protect democratic legitimacy.
XII. Legitimate Constitutional Actions Available
- Order Immediate Floor Test
Supported by:
S.R. Bommai
Shivraj Singh Chouhan case (2020)
Maharashtra political crisis cases
Floor test is the constitutional method. - Seek Clarification from Parties
Governor may:
verify support letters,
determine stability,
prevent fraudulent claims. - Recommend President’s Rule (Rare Situation)
Only if:
no viable government exists, constitutional machinery collapses.
Cannot be used merely because: coalition seems opportunistic.
XIII. But Governor Cannot:
Decide morality of alliances subjectively
Reject coalition because it appears “unholy”
Override legislative majority
Act as political referee
In parliamentary democracy:
post-poll alliances are constitutionally valid, unless illegal or unconstitutional.
XIV. “People’s Mandate” Debate
A key conceptual nuance for UPSC.
Ethical View
If voters rejected Party A, and Party A later forms government through defections or opportunistic alliances, it may violate democratic ethics.
Constitutional View
Majority in Assembly determines government legitimacy.
Hence:
morality ≠ constitutionality.
Governor must act constitutionally, not emotionally or politically.
XV. Punchhi Commission Recommendations
Punchhi Commission recommended:
Fixed tenure for Governors
Eminent non-partisan individuals
Not active politicians
Clear guidelines for hung assemblies
Time limits for assent to bills
XVI. Sarkaria Commission Recommendations
Sarkaria Commission recommendations:
Governor should be detached figure
Not from ruling party politics
Consult CM before appointment
Rare use of Article 356
XVII. Supreme Court on Removal of Governors
B.P. Singhal Case (2010)
B. P. Singhal v. Union of India
Court held: President may remove Governor, but not arbitrarily or capriciously.
This sought to reduce political misuse.
XVIII. If Governor’s Post Is Removed — Consequences
Excellent UPSC analytical issue.
Possible Advantages
- Reduction in Centre-State Friction
States may experience greater autonomy. - Less Political Interference
No unelected constitutional actor delaying governance. - Stronger Democratic Accountability
Only elected representatives govern.
Major Problems
- Constitutional Vacuum During Crises
Who handles:
hung assembly, government collapse, emergency recommendation? - Weakening Federal Integration
Union loses constitutional communication channel. - No Neutral Constitutional Arbiter
Particularly important during: coalition instability, defections, breakdown situations. - Legislative Complications
Who: summons assembly? grants assent? administers oath?
XIX. Analytical Assessment
The problem in India is often not the existence of the Governor’s office, but:
politicization of appointments,
misuse of discretion,
absence of conventions,
erosion of constitutional morality.
Hence reform is preferable to abolition.
XX. Key Reform Suggestions
Institutional Reforms
Collegium for appointment
Security of tenure
Cooling-off period for politicians
Time-bound assent to bills
Codified discretionary powers
Constitutional Morality
Governors must: advise, encourage, warn, but not govern.
XXI. Important UPSC Mains Dimensions
Possible themes:
Cooperative federalism
Constitutional morality
Misuse of Article 356
Federalism as basic structure
Role in hung assemblies
Judicial review of gubernatorial actions
Constitutional conventions
XXII. Possible UPSC Mains Questions
“The Governor is neither a mere constitutional head nor an agent of the Union, but a delicate federal institution.” Discuss.
Examine the discretionary powers of the Governor in the light of recent controversies.
Discuss the role of Governors in preserving constitutional governance without undermining federalism.
“The office of Governor has become the focal point of Centre-State political conflict.” Critically examine.
Analyse the impact of the S.R. Bommai judgment on Indian federalism.
XXIII. UPSC Interview Points
Balanced View Required
Avoid saying:
“Governor is useless”
“Governor is always biased”
Instead say:
Office is constitutionally necessary, but conventions and neutrality are essential.
Key Interview Insight
“The Governor should act as a constitutional sentinel, not a political supervisor.”
Another strong line:
“In parliamentary democracy, legitimacy ultimately flows from legislative majority tested on the floor of the House, not from gubernatorial discretion.”
Analytical Conclusion
The Governor occupies one of the most paradoxical positions in the Indian Constitution:
nominal yet influential,
ceremonial yet strategic,
federal yet centrally appointed.
The office becomes controversial when:
constitutional discretion turns into political discretion, or neutrality gives way to partisanship.
At the same time, completely abolishing the office may create: constitutional instability, federal disconnect, and crisis-management vacuum.
The constitutional vision was never of a Governor acting as:
an agent of the Union, nor as a rival power centre within the state.
Rather, the Governor was intended to function as: a constitutional moderator, guardian of democratic process, and stabilizing federal institution guided by constitutional morality.
The real challenge therefore is not whether Governors should exist, but whether India can ensure that Governors rise above partisan politics and faithfully preserve the spirit of cooperative federalism.
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