Governor, Chief Minister & State Council of Ministers

Part A: Governor (Arts 153–162)

1. Constitutional Position

Art. 153 provides that there shall be a Governor for each State. The same person can be appointed Governor for two or more states (after the 7th Amendment 1956). Art. 154 vests the executive power of the State in the Governor — who exercises it either directly or through officers subordinate to him.

• The Governor is the de jure (nominal) head of state executive — like the President at the Centre.
• The Chief Minister and State CoM are the de facto (real) executive.
• Art. 163: Council of Ministers to aid and advise the Governor — except in matters where the Governor exercises functions in his discretion.

2. Appointment & Qualifications

2.1 Appointment (Art. 155)

The Governor is appointed by the President by warrant under his hand and seal — which means by the Union Cabinet. The Governor is NOT elected — unlike the President and Vice-President.

2.2 Qualifications (Arts 157–158)

• Must be a citizen of India.
• Must have completed the age of 35 years.
• Must not be a member of either House of Parliament or of any House of State Legislature.
• Must not hold any other office of profit.

2.3 Term (Art. 156)

• Holds office during the pleasure of the President — no fixed security of tenure.
• By convention, the term is 5 years — but this is not a constitutional guarantee.
• Can be removed at any time by the President (i.e., Union Cabinet) — unlike the President of India who can only be removed by impeachment.
• Can also resign by writing to the President.

3. Governor's Powers

3.1 Executive Powers (Art. 154, 166)

• Appoints the Chief Minister; other ministers on CM's advice.
• Appoints Advocate General for the state (Art. 165); members of State Public Service Commission (Art. 316).
• All executive actions of the state government are taken in the name of the Governor (Art. 166).
• Appoints the Chairman and members of State Election Commission, State Finance Commission.
• Can make rules for convenient transaction of state business.

3.2 Legislative Powers (Arts 174–176, 200, 213)

• Summons, prorogues and dissolves the Vidhan Sabha (Art. 174).
• Addresses the first session after each general election and the first session of each year (Art. 176).
• Can send messages to the state legislature.
• Gives assent to state bills, withholds assent, or reserves them for President's consideration (Art. 200).
• Issues Ordinances when the state legislature is not in session (Art. 213) — must be placed before the legislature within 6 weeks of reassembly.
• Nominates 1/6th of members of Vidhan Parishad (where it exists) from persons with experience in fields of literature, science, arts, cooperative movement, social service.

3.3 Financial Powers

• State budget (Annual Financial Statement) is presented before the Vidhan Sabha on the Governor's recommendation.
• Money bills can be introduced in Vidhan Sabha only on the Governor's prior recommendation.
• Governor constitutes the State Finance Commission every 5 years to review finances of panchayats and municipalities.

3.4 Judicial Powers (Art. 161)

• Governor has the power to grant pardon, reprieve, respite, remission of punishment, or to suspend, remit or commute sentence of any person convicted of an offence against any state law.
• CANNOT pardon a death sentence — only the President can (Art. 72). However, the Governor can suspend, remit or commute a death sentence even where the offence is against a state law.
• Governor is consulted by the President in appointments to the High Court of the state.

4. Discretionary Powers of Governor

The Governor's discretionary powers are constitutionally recognised under Art. 163 — unlike the President who has virtually no real discretion. These are the most politically sensitive and contested powers of the Governor.

4.1 Situations of Genuine Discretion

• Appointment of CM in hung Assembly: When no party has a clear majority, the Governor exercises real discretion in deciding whom to invite to form the government — and whether to impose President's Rule.
• Dismissal of CoM: Can dismiss a Council of Ministers that has clearly lost majority in the House — but must first require a floor test (SR Bommai principle).
• Dissolution of Vidhan Sabha: Can dissolve the Vidhan Sabha on CM's advice — but can refuse if the CM has lost majority (must allow floor test instead).
• Seeking information from CM (Art. 167): Governor can call for any information about state administration and legislative proposals from the CM.
• Reserving bills for Presidential assent (Art. 200): Governor may in his discretion reserve certain bills for consideration of the President — particularly bills affecting High Court jurisdiction, against Directive Principles, or on matters of national importance.
• Administration of Union Territory: When the Governor is also the Administrator of an adjoining Union Territory, acts in that capacity at President's discretion.

4.2 Art. 167 — Governor's Rights vis-à-vis CM

• CM must communicate to the Governor all decisions of the Council of Ministers relating to administration and legislative proposals.
• CM must furnish information as the Governor may call for relating to administration and legislative proposals.
• If the Governor so requires, CM must submit for Cabinet consideration any matter on which a minister has taken a decision but on which the Cabinet has not considered.

5. Governor's Report & President's Rule (Art. 356)

Art. 356 is the most controversial power associated with the Governor. The President can impose President's Rule in a state "if the President, on receipt of a report from the Governor or otherwise, is satisfied" that the government of the state cannot be carried on in accordance with the Constitution.

5.1 Key Features

• Governor's report to the President is the trigger — but Art. 356 also says "or otherwise," allowing the President to act even without a Governor's report.
• Once imposed: Governor administers the state on behalf of the President; President can authorise Parliament to make laws for the state.
• Must be approved by Parliament within 2 months by simple majority; continues for 6 months at a time; maximum 3 years with Parliament's approval every 6 months (after first year — with Election Commission certification that elections cannot be held).
• Can be revoked by the President at any time.

5.2 SR Bommai v. Union of India (1994) — Landmark Judgment

The Supreme Court's 9-judge Constitutional Bench in SR Bommai fundamentally limited the arbitrary use of Art. 356:

• Floor test mandatory: Majority of a CM/government must be tested on the floor of the House — not by Governor's subjective assessment or "reports."
• Justiciable: Proclamation of President's Rule is subject to judicial review — courts can examine if the Governor's report was mala fide or based on extraneous considerations.
• No dissolution before approval: Once President's Rule is proclaimed, the Vidhan Sabha should not be dissolved before Parliament approves the proclamation (to allow restoration if Parliament disapproves).
• Secularism = basic structure: The Court held that a state government that demolishes the secular fabric of the state can be dismissed under Art. 356 — secularism is part of the basic structure.
• SR Bommai drastically reduced misuse of Art. 356 — from 88 impositions before 1994 to very few after.

6. Recent SC Judgments on Governors (2023–24)

A wave of constitutional confrontations between elected state governments and Governors — particularly in opposition-ruled states — led to several landmark Supreme Court pronouncements that sharply clarified the constitutional limits of the Governor's office.

6.1 State of Punjab v. Principal Secretary to Governor (2023)

• Issue: Governor of Punjab withheld assent to several bills passed by the state legislature for many months without taking any action.
• SC Held: The Governor cannot indefinitely withhold assent to bills. Under Art. 200, when the Governor does not assent, he must either withhold assent (and return the bill with message) or reserve it for the President's consideration — he cannot simply sit on it.
• Significance: "Pocket veto" by Governor — keeping bills in limbo — is unconstitutional.

6.2 Tamil Nadu v. Governor (2024)

• Issue: Governor of Tamil Nadu withheld assent to 10 bills — some for 2–3 years — and then when the state legislature re-passed them, he returned them again without assent.
• SC Held: When a bill is re-passed by the legislature after the Governor returns it, the Governor must give assent — he cannot withhold assent again. If the Governor is of the view that the bill should not receive assent, he must refer it to the President. This is a historic judgment limiting the Governor's legislative veto.
• SC also held that the Governor's inaction over bills for years was unconstitutional.

6.3 Telangana v. Governor (2024)

• SC reinforced that Governors must act within a reasonable time on bills sent for assent.
• Gubernatorial inaction is justiciable — courts can direct the Governor to act.
• Strengthened the principle that constitutional functionaries must discharge their constitutional duties within a reasonable timeframe.

6.4 Nabam Rebia v. Deputy Speaker (2016)

• Issue: Governor of Arunachal Pradesh advanced the Assembly session and sent a message to the House — all with a view to defeating a floor test that would have unseated a particular faction.
• SC Held: Governor cannot summon the Assembly on his own initiative when a notice for removal of the Speaker has been given — the purpose of summoning cannot be to defeat a floor test or political management. Governor's power to summon the Assembly is not absolute and cannot be used to advance political agendas.

Part B: Chief Minister (Arts 163–167)

7. Chief Minister — Appointment & Role

7.1 Appointment

• Appointed by the Governor — in practice, the leader of the majority party or coalition in the Vidhan Sabha.
• No minimum age or separate qualification specified — must be a member of the state legislature or must become one within 6 months.
• If no party has a clear majority (hung assembly), the Governor exercises discretion in inviting a leader most likely to command majority — subject to SR Bommai floor test requirement.

7.2 Powers & Functions

• Head of State Executive: Real executive power of the state is exercised by CM and Council of Ministers — Governor is nominal head.
• Chairs Council of Ministers: Presides over Cabinet meetings; controls agenda; coordinates all government departments.
• Leader of Vidhan Sabha: Political leader of the state assembly; chief spokesperson of the government on the floor.
• Recommends ministerial appointments: Governor appoints ministers only on CM's advice (Art. 164(1)).
• Communication with Governor (Art. 167): Chief channel of communication between Governor and CoM — see Art. 167 duties below.
• Recommends dissolution: Can advise the Governor to dissolve the Vidhan Sabha (subject to Governor's discretion if CM has lost majority).
• Controls appointments to state boards, corporations and statutory bodies.

7.3 Art. 167 — Duties of Chief Minister

Art. 167 imposes three specific duties on the Chief Minister:

1. To communicate to the Governor all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation.
2. To furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for.
3. If the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a minister but which has not been considered by the Council.

7.4 Tenure

• CM holds office at the pleasure of the Governor — but the Governor cannot remove a CM who enjoys the confidence of the Vidhan Sabha.
• Removal can only be through a floor test (vote of no-confidence in Vidhan Sabha) — SR Bommai principle applies to states.
• No fixed term — continues as long as majority in Vidhan Sabha is maintained.
• When the Vidhan Sabha is dissolved or when the CM ceases to command confidence, the CM and CoM must resign — but caretaker government continues till new government is formed.

Part C: State Council of Ministers (Arts 163–164)

8.1 Composition — Three Tiers

The State Council of Ministers has the same three-tier structure as the Union Council of Ministers:

8.2 Collective Responsibility (Art. 164(2))

The State Council of Ministers is collectively responsible to the Vidhan Sabha (Legislative Assembly) — not to the Vidhan Parishad (Legislative Council) where it exists.

• All ministers must publicly support every Cabinet decision — if a minister publicly disagrees, they must resign.
• If CoM loses the confidence of Vidhan Sabha (vote of no-confidence), all ministers — including those who may be members of Vidhan Parishad — must resign.

8.3 Size Limit — 91st Amendment (Art. 164(1A))

The 91st Constitutional Amendment Act, 2003 inserted Art. 164(1A):

• The total number of ministers, including the CM, in the State Council of Ministers shall not exceed 15% of the total membership of the Vidhan Sabha of that State.
• Minimum: 12 ministers (regardless of 15% rule — to accommodate small states like Sikkim, Goa whose Vidhan Sabhas have fewer than 60 members).
• A member of the state legislature who is disqualified under the Tenth Schedule (anti-defection law) cannot be appointed as a minister until re-elected.

8.4 Oath (Art. 164(3))

Before entering office, every minister must make and subscribe before the Governor an oath of office and secrecy in the form set out in the Third Schedule of the Constitution.

8.5 Duration (Art. 164(1))

Ministers hold office during the pleasure of the Governor — meaning they serve as long as the CM recommends their continuance. The Governor can dismiss an individual minister on the advice (or at the request) of the CM.

Part D: Governor vs Chief Minister — Comparison

5. Key Cases — Complete Summary

Prelims PYQs

Mains PYQs

15-Minute Revision Box