In over a decade of teaching Indian Polity to UPSC aspirants, I have noticed a pattern. Students spend weeks on Parliament, Fundamental Rights, and the Judiciary — but rush through the Governor’s chapter in a single evening. That is a costly mistake. This chapter quietly delivers 3 to 5 questions across Prelims and Mains almost every cycle, and the conceptual depth it demands is exactly what the UPSC examiner loves to test.
In this piece, I will walk you through the constitutional framework, the real controversies, and the exact exam strategy you need to turn this overlooked chapter into a reliable source of marks.
Where This Topic Sits in the UPSC Syllabus
The Governor’s role falls squarely under Indian Polity and Governance, which is a heavyweight section in both Prelims and Mains. Here is a quick mapping:
| Exam Stage | Paper | Syllabus Section |
|---|---|---|
| Prelims | General Studies Paper I | Indian Polity and Governance — Constitution, Political System, Panchayati Raj, Public Policy |
| Mains | GS Paper II | Functions and responsibilities of the Union and the States; Issues and challenges pertaining to the federal structure |
| Mains | GS Paper II | Separation of powers between various organs; Dispute redressal mechanisms and institutions |
Questions on this topic have appeared in UPSC at least 15 to 18 times in the last two decades, covering everything from the appointment process to discretionary powers to President’s Rule. Related topics you should study alongside include Centre-State Relations, Article 356, Sarkaria Commission, and Inter-State Council.
The Constitutional Foundation: Articles 153 to 167
The Governor is the constitutional head of a state, appointed by the President under Article 155. Unlike the President, the Governor is not elected. This single difference creates much of the political controversy around the office.
Article 153 mandates that there shall be a Governor for each state, though the 7th Constitutional Amendment of 1956 allows one person to serve as Governor for two or more states. Article 154 vests the executive power of the state in the Governor, to be exercised either directly or through officers subordinate to him. This mirrors Article 53 for the President at the Union level.
The qualifications are simple: the person must be a citizen of India and must have completed 35 years of age (Article 157). The term is five years, but the Governor holds office “during the pleasure of the President” (Article 156). This “pleasure doctrine” is one of the most debated aspects of Indian federalism. The Supreme Court in B.P. Singhal v. Union of India (2010) held that the President cannot remove a Governor in an arbitrary manner, but no reasons need to be given for the removal.
Executive, Legislative, and Judicial Powers
The Governor’s powers can be classified into three broad categories. Understanding each is essential for both Prelims factual questions and Mains analytical answers.
On the executive side, the Governor appoints the Chief Minister and the Council of Ministers. All executive action of the state is taken in the Governor’s name. The Governor also appoints the Advocate General (Article 165), members of the State Public Service Commission, and the State Election Commissioner in some contexts.
On the legislative side, the Governor summons, prorogues, and can dissolve the State Legislative Assembly. He addresses the first session of the legislature each year. He can reserve a bill for the President’s consideration under Article 200 — a power with no time limit and no obligation to explain. This is where things get politically sensitive. Multiple state governments have accused Governors of sitting on bills indefinitely, effectively exercising a “pocket veto.”
The judicial powers include granting pardons, reprieves, and remissions under Article 161. However, this power is limited to matters where the state executive power extends. The Governor cannot pardon a death sentence — only the President can do that under Article 72.
Discretionary Powers: The Real Exam Goldmine
This is where UPSC digs deep. The Constitution does not explicitly list the discretionary powers of the Governor the way it does for certain other functionaries. Yet, convention and judicial interpretation have carved out situations where the Governor acts in his own judgment.
The key discretionary situations include:
- Appointing a Chief Minister when no party has a clear majority in the Assembly
- Deciding whether to dissolve the Assembly or invite another party to form government after a vote of no-confidence
- Reserving a bill for the President’s consideration
- Recommending President’s Rule under Article 356
- Exercising functions as administrator of an adjoining Union Territory (if additionally appointed)
- Special responsibilities in states like Assam, Nagaland, and Manipur under Sixth Schedule and Article 371 provisions
The S.R. Bommai v. Union of India (1994) judgment is the most significant case here. The Supreme Court ruled that the Governor’s recommendation for President’s Rule is subject to judicial review and that the Assembly should be given a chance to prove its majority on the floor of the House, not in the Governor’s drawing room. This case transformed Centre-State dynamics and remains a favourite in Mains questions.
Recent Controversies and Their Exam Value
In recent years, the Governor’s office has been at the centre of multiple constitutional storms. The Nabam Rebia v. Deputy Speaker (2016) case from Arunachal Pradesh clarified that the Governor cannot summon, prorogue, or dissolve the Assembly without the aid and advice of the Council of Ministers. The Maharashtra government formation crisis of 2019 raised fresh questions about the Governor’s role in inviting parties to form government.
In 2023-2024, several non-BJP ruled states — Tamil Nadu, Kerala, Punjab, and Telangana — publicly accused their Governors of withholding assent to bills passed by state legislatures. The Supreme Court in 2024 made strong observations against Governors holding bills indefinitely, calling it contrary to constitutional principles. By 2026, this remains an evolving area of constitutional law and a very live topic for Mains.
For your exam preparation, always connect these controversies to the broader theme of cooperative federalism versus competitive federalism. The UPSC examiner frequently frames questions around the tension between the Centre’s influence through the Governor and the state’s democratic mandate.
Commissions and Recommendations
Three major commissions have examined the Governor’s role, and you must know their key recommendations:
The Sarkaria Commission (1988) recommended that the Governor should be an eminent person from outside the state, not belong to the ruling party at the Centre, and should be appointed after consulting the Chief Minister. The M.M. Punchhi Commission (2010) went further, recommending a fixed five-year tenure and removal only through impeachment by the state legislature. The National Commission to Review the Working of the Constitution (NCRWC, 2002) recommended that the Governor’s appointment should be handled by a committee involving the Prime Minister, Home Minister, Speaker of Lok Sabha, and the concerned Chief Minister.
None of these recommendations have been fully implemented, which itself is a point you can raise in Mains answers to show depth of understanding.
Previous Year UPSC Questions on This Topic
Q1. The Governor of a state in India is not a mere constitutional head. Discuss the discretionary powers of the Governor and the controversies surrounding them.
(UPSC Mains 2015 — GS Paper II)
Answer: The Governor, though described as a constitutional head acting on ministerial advice under Article 163, possesses several discretionary powers. These include choosing the Chief Minister in a hung Assembly, reserving bills for Presidential consideration under Article 200, and recommending President’s Rule under Article 356. Controversies arise because these powers lack clear constitutional guidelines. Critics argue that Governors often act as agents of the Central government, undermining state autonomy. The S.R. Bommai judgment addressed some of these concerns by making the Governor’s recommendation for President’s Rule justiciable. The Sarkaria and Punchhi Commissions recommended reforms such as fixed tenure and consultative appointment. The Governor’s office, therefore, sits at the intersection of constitutional design and political reality.
Explanation: This question tests your ability to go beyond listing powers. The examiner wants you to demonstrate understanding of the tension between constitutional text and political practice. Always cite the Bommai case and at least one commission recommendation.
Q2. Consider the following statements regarding the Governor of a state:
1. The Governor can withhold assent to a bill indefinitely.
2. The Governor can return a money bill for reconsideration of the state legislature.
3. The Governor appoints the judges of the state High Court.
Which of the statements given above is/are correct?
(a) 1 only (b) 1 and 2 (c) 2 and 3 (d) None
(UPSC Prelims Style — Indian Polity)
Answer: (a) 1 only. The Governor can indeed withhold assent indefinitely (pocket veto) as there is no time limit prescribed. Statement 2 is incorrect because the Governor cannot return a money bill — he must either give assent or reserve it for the President. Statement 3 is incorrect because High Court judges are appointed by the President, not the Governor, though the Governor is consulted.
Explanation: This tests precise constitutional knowledge. Many aspirants confuse the Governor’s power over money bills with ordinary bills. Always remember: money bills cannot be returned by the Governor.
Q3. Analyse the role of the Governor in the context of Centre-State relations. Has the office served as a bridge or as an instrument of Central control?
(UPSC Mains 2022 — GS Paper II)
Answer: The framers envisioned the Governor as a vital link between the Centre and states, ensuring constitutional governance at the state level. In practice, however, the office has often been used to further Central interests. Instances include the imposition of President’s Rule on partisan grounds (as seen in pre-Bommai era), withholding assent to state bills that conflict with Central policy, and inviting minority parties to form government. The Sarkaria Commission noted that the office had been misused and recommended depoliticising appointments. The Punchhi Commission further recommended fixed tenure and limiting discretionary powers. While some Governors — such as those who facilitated smooth coalition governance — have acted as constitutional bridges, the dominant perception remains that the office tilts toward Central influence. Constitutional reforms, particularly regarding the appointment process and codification of discretionary norms, are needed to restore the office’s credibility.
Explanation: This is a classic “evaluate both sides” question. The examiner rewards balanced analysis. Always include specific examples, commission recommendations, and a forward-looking reform suggestion in your conclusion.
Key Points to Remember for UPSC
- The Governor holds office during the “pleasure of the President” — there is no security of tenure, which is the root of most controversies.
- Article 200 allows the Governor to reserve any bill for the President, and there is no prescribed time limit for this action.
- The S.R. Bommai case (1994) made the Governor’s recommendation for President’s Rule subject to judicial review and mandated a floor test.
- The Governor cannot pardon a death sentence — only the President can under Article 72.
- The Sarkaria Commission recommended that Governors should be appointed after consulting the Chief Minister and should not belong to the ruling party at the Centre.
- Money bills in a state cannot be returned by the Governor for reconsideration — only assent or reservation for the President is possible.
- Recent Supreme Court observations (2024) have criticised indefinite withholding of assent by Governors as unconstitutional in spirit.
This chapter rewards the student who reads carefully and thinks about real-world applications. My suggestion: make a one-page chart listing every discretionary situation, the relevant article, and the leading Supreme Court judgment for each. Pin it where you study. When you see a Governor-related question in the exam, you will find that those 3 to 5 marks come easier than almost any other topic in Polity. Start with the bare constitutional text, then layer in the case law and commission reports — that is how depth is built.