Discuss the position of the Governor in the federal polity of India. What is the nature of his power while giving assent to a bill passed by the State Legislature? Is he bound by the aid and advice of his Council of Ministers in all his functions?
The Governor, under Articles 153–161, is the constitutional head of a State — simultaneously a Union agent (nominated by the President under Article 155) and the head of state government. This dual character generates recurring federal friction.
Position in Federal Polity:
- Sarkaria (1988), Punchhi (2010), and Venkatachaliah (2002) Commissions urged that Governors be non-partisan, consulted with the CM, and given fixed tenure.
- Cases like S.R. Bommai (1994) limited misuse of Article 356; Rameshwar Prasad (2006) invalidated arbitrary dissolution.
Assent to State Bills (Article 200):
Governor may (a) grant assent, (b) withhold assent, (c) return the bill for reconsideration, or (d) reserve it for the President.
In State of Punjab v. Governor of Punjab (2023) and *State of Tamil Nadu v. Governor (2025)*, the Supreme Court held that the Governor cannot indefinitely sit on bills — inaction violates constitutional morality; deemed timelines apply. However, the Court's judgment in Presidential Reference (2025) on Article 200 has evolved the doctrine further, emphasising reasonable time and non-arbitrariness.
Aid and Advice under Article 163:
The Governor is generally bound by the aid and advice of the Council of Ministers, except in discretionary functions:
- Reservation of bills for the President (Article 200 proviso).
- Recommendation for President's Rule.
- Appointing CM in a hung assembly.
- Under Sixth Schedule areas (tribal matters).
- Reports under Article 356.
Shamsher Singh (1974) and Nabam Rebia (2016) clarified the narrow scope of discretion.
Conclusion: Reforming appointment, prescribing timelines under Article 200, and codifying discretion can restore the Governor's role as a constitutional bridge, not a political appendage.
Answered By:
Sarvesh Jha
Sarvesh Jha is a seasoned government exam mentor with firsthand success in top exams like IBPS PO, SBI PO, CDS, RRB JE, SSC CGL, BPSC, and CTET. Known for his deep conceptual clarity and strategic approach, he has guided over 5000 students through personalized mentorship. He has been creating well researched content for last 5 years.
Important Questions from GS2
Examine the need for electoral reforms as suggested by various committees with particular reference to "one nation one election" principle.
Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as criminal cases?
"The growth of cabinet system has practically resulted in the marginalisation of the parliamentary supremacy.” Elucidate.
"The duty of the Comptroller and Auditor General is not merely to ensure the legality of expenditure but also its propriety.” Comment.
Analyse the role of local bodies in providing good governance at local level and bring out the pros and cons merging the rural local bodies with the urban local bodies.
