India, with its vast and diverse federal structure, comprises 28 states and 8 Union territories. Each state has a Governor, a constitutional authority appointed by the President of India. But why exactly do we have Governors in every state? What is their role, and why is it significant? This article provides a comprehensive explanation of the role, powers, appointment, and controversies surrounding Governors in Indian states.
What Is the Role of a Governor in a State?
The Governor acts as the constitutional head of a state, functioning much like the President of India at the state level. Article 153 to Article 162 of the Indian Constitution deals with the office of the Governor.
Key Functions of a Governor:
- Executive Powers: The Governor appoints the Chief Minister and, on the advice of the CM, appoints other ministers. They also appoint key state officials like the Advocate General and State Election Commissioner.
- Legislative Powers: The Governor summons and dissolves the state legislature, addresses the inaugural session, and gives assent to bills passed by the state assembly.
- Judicial Powers: The Governor has the power to grant pardons and commute sentences under Article 161 of the Constitution.
- Discretionary Powers: In situations like a hung assembly or breakdown of constitutional machinery, the Governor exercises discretionary powers, which have often been a subject of political debate.
Why Do We Have a Governor in Every State?
The institution of the Governor exists to uphold the federal character of the Indian polity. Here are the key reasons:
- Link Between Centre and State: As the representative of the President, the Governor serves as a bridge between the Union Government and the State Government.
- Safeguard Constitutional Machinery: The Governor plays a crucial role during emergencies and constitutional crises in the state.
- Non-Partisan Oversight: The Governor is expected to act as a neutral authority overseeing the functioning of the state government.
- Checks and Balances: By having the power to return bills for reconsideration or recommend President’s Rule, the Governor acts as a check on the state government.
How Is a Governor Appointed?
As per Article 155 of the Constitution, the Governor of a state is appointed by the President of India and holds office during the pleasure of the President. Typically, Governors are chosen from outside the state to ensure neutrality and objectivity.
Eligibility Criteria:
- Must be a citizen of India.
- Must be at least 35 years old.
- Must not hold any office of profit.
The term of a Governor is five years, but they can be removed earlier or continue longer until a replacement is appointed.
Powers and Responsibilities of the Governor
Executive Functions:
- Appointment of Chief Minister and Council of Ministers.
- Administration of oaths.
- Allocation of portfolios.
Legislative Functions:
- Addressing state legislature.
- Approving bills or reserving them for the President.
- Recommending ordinances when the legislature is not in session.
Judicial Powers:
- Power to pardon or commute sentences under Article 161.
Discretionary Powers:
- In case of no clear majority post-election.
- Sending reports to the President recommending President’s Rule under Article 356.
- Reserving bills for the President.
Controversies and Criticisms
Despite their constitutional role, Governors have often been mired in controversies, especially when accused of acting on the behest of the central government. Some of the frequent criticisms include:
- Partisan Behavior: Allegations of bias during government formation.
- Delaying Assent: Holding back state bills without valid justification.
- Misuse of Article 356: Recommendations for President’s Rule often invite scrutiny.
Supreme Court judgments such as the S.R. Bommai case have tried to curb the arbitrary use of gubernatorial powers.
Latest Supreme Court Controversy (2025)
In a landmark judgment in 2025, the Supreme Court took a strong stand on the issue of Governors delaying assent to bills passed by Tamil Nadu state legislatures. The case arose after several state governments, particularly in opposition-ruled states, accused Governors of sitting indefinitely on key legislation. The Court ruled that Governors must act within a “reasonable time” and cannot derail the legislative process through inaction. The judgment reaffirmed the principle of federalism and clarified that the Governor’s discretion does not extend to obstructing democratic governance.
This ruling has reignited the debate on the need for clearer constitutional boundaries and mechanisms to hold Governors accountable.
Reforms and Recommendations
Various commissions and committees have recommended reforms to make the office of Governor more effective and impartial:
- Sarkaria Commission: Suggested that Governors be eminent persons from outside the state with no intense political affiliations.
- Punchhi Commission: Recommended a fixed tenure and a detailed code of conduct for Governors.
- Supreme Court Guidelines: Emphasized transparency in the exercise of discretionary powers.
Importance of Governors in Indian Polity
The Governor ensures the constitutional functioning of state governments. While largely ceremonial in daily administration, the role becomes crucial during political uncertainty, transitions, or emergencies. An impartial and constitutionally aware Governor upholds democratic values and strengthens federalism.
Conclusion
Governors are an essential component of India’s federal democracy. Their presence in every state provides a constitutional link between the Centre and the states, ensuring the smooth functioning of the political and administrative framework. While controversies surrounding the office cannot be ignored, reforms and adherence to constitutional principles can strengthen its credibility and relevance.
Frequently Asked Questions (FAQs)
Q1: Can a Governor be removed before their term ends?
Yes, the President can remove a Governor at any time.
Q2: Do Governors have any real power?
Yes, particularly in situations involving constitutional crises or government formation.
Q3: Are Governors elected?
No, they are appointed by the President of India.
Q4: Is the Governor above the Chief Minister?
No. While the Governor is the constitutional head, the CM is the real executive authority.
Q5: Can the Governor reject a bill passed by the State Assembly?
The Governor can withhold assent, send it for reconsideration, or reserve it for the President.
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