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Office of the Governor: Constitutional Discretion vs. Federal Norms

The conflict between the Constitutional Discretion of the Governor and
Federal Norms represents a persistent challenge in Indian polity.
Designed as a bridge between the Union and the States, the Office of the Governor has frequently faced criticism for acting as a political agent of the Centre, thereby raising concerns about the functioning of cooperative federalism.

1. The Dual Role: Constitutional Position vs. Federal Practice

The Indian Constitution envisions a dual identity for the Governor:

•
Constitutional Head of the State:
Acting on the aid and advice of the Council of Ministers headed by the Chief Minister under Article 163.
•
Lynchpin of Indian Federalism:
Serving as a vital constitutional link between the Union Government and the State Government.
Dimension Constitutional View Federal Reality / Friction
Source of Authority Nominal Executive; real authority ordinarily rests with the elected government under Article 154 read with Article 163. Friction arises when the Governor is perceived to operate as a parallel political authority, particularly in opposition-ruled States.
Appointment & Tenure Appointed by the President under Article 155 for a five-year term, subject to the pleasure of the President under Article 156. Lack of complete tenure security creates concerns about institutional vulnerability and possible political dependence on the Union executive.

2. Typology of Gubernatorial Discretion

The Governor possesses wider constitutional discretion than the President in certain State-level situations.
This discretion may be understood in two broad categories.

A. Constitutional Discretion

•
Reservation of Bills — Articles 200 & 201:
The Governor may reserve certain State Bills for the President’s consideration, including where a Bill threatens the constitutional position of the High Court.
•
Recommendation of President’s Rule — Article 356:
The Governor may submit a report indicating breakdown of constitutional machinery in the State.
•
Administration of Union Territories — Article 239:
A Governor may exercise additional functions if appointed as Administrator of an adjoining Union Territory.
•
Seeking Information — Article 167:
The Governor may require the Chief Minister to furnish information relating to administration and legislative proposals.

B. Situational Discretion

•
Appointment of Chief Minister:
Exercising judgment in a hung Assembly where no party or coalition has an obvious majority.
•
Dismissal of Ministry:
Where a Ministry loses majority support, constitutional action must be guided by an objective floor test rather than personal assessment.
•
Dissolution of Assembly:
Questions of dissolution may arise where no viable government can be formed or the House loses functional capacity.

3. Flashpoints: Discretion Overriding Federal Norms

1

Legislative Paralysis via Bill Assent:
Prolonged withholding of assent or delays in deciding State Bills can obstruct the legislative programme of an elected State Government and generate tensions over legislative autonomy.

2

Partisan Government Formation:
Situational discretion in hung Assemblies can become controversial where the Governor invites a party with fewer seats while disregarding a coalition claiming majority support.

3

Arbitrary Use of Article 356:
Recommending President’s Rule on subjective political assessments rather than objective evidence of constitutional breakdown can undermine federal democracy.

4. Judicial Safeguards and Restraints

S.R. Bommai v. Union of India (1994):
The Supreme Court established that legislative majority should ordinarily be tested on the floor of the House, limiting reliance on subjective gubernatorial assessments.
Nabam Rebia v. Deputy Speaker (2016):
The Supreme Court held that the Governor cannot claim unrestricted personal discretion in routine legislative matters and must ordinarily act within the constitutional framework of aid and advice.
Judicial Directions on State Bills:
The Supreme Court has stressed that Governors must act within constitutional timelines and cannot indefinitely obstruct the legislative process by withholding action on Bills passed by State Legislatures.

5. Committee Recommendations

REFORM ROADMAP
Sarkaria Commission
Neutral Emissary
Punchhi Commission
Fixed Timelines
NCRWC
Constitutional Neutrality

•
Sarkaria Commission:
Recommended that the Governor should be a detached figure from outside the State, not closely connected with local politics, and that the Chief Minister should be consulted in the appointment process.
•
Punchhi Commission:
Proposed a six-month time limit for Governors to decide on State Bills and suggested stronger institutional safeguards regarding tenure and accountability.
•
National Commission to Review the Working of the Constitution (NCRWC):
Emphasised that the Governor must function as a constitutional sentinel and maintain neutrality to support cooperative federalism.

Must Know Terms

1. Gubernatorial Discretion

The constitutional authority of the Governor to exercise independent judgment in specific circumstances, including government formation in a hung Assembly, reservation of Bills and reporting a breakdown of constitutional machinery in a State.

2. Aid and Advice — Article 163

The constitutional principle requiring the Governor to ordinarily act on the advice of the Council of Ministers headed by the Chief Minister, except where the Constitution permits the exercise of discretion.

3. Pleasure Doctrine — Article 156

The Governor holds office during the pleasure of the President. In the B.P. Singhal Case (2010), the Supreme Court held that Governors cannot be removed on arbitrary, capricious or unreasonable grounds.

4. Floor Test

A constitutional mechanism used to determine whether a government enjoys the confidence of the Legislative Assembly. In S.R. Bommai, the Supreme Court emphasised the floor of the House as the appropriate forum for testing majority.

5. Reservation of Bills — Article 200

The constitutional power of the Governor to reserve certain Bills passed by the State Legislature for the President’s consideration. Delays in exercising this power may create concerns regarding legislative autonomy and federal relations.

6. Cooperative Federalism

A principle emphasising coordination, mutual respect and cooperation between the Union and State Governments. It requires the Governor to maintain constitutional neutrality and respect the authority of democratically elected State Governments.

Multiple-Choice Questions

1. With reference to the constitutional position of the Governor in India, consider the following pairs:

1. Article 154 — Executive power of the State vested in the Governor
2. Article 155 — Appointment of the Governor by the President
3. Article 156 — Absolutely guaranteed five-year tenure of the Governor
4. Article 163 — Council of Ministers to aid and advise the Governor

How many of the above pairs are correctly matched?

(A) Only one
(B) Only two
(C) Only three
(D) All four

2. With reference to the constitutional and federal position of the Governor, consider the following statements:

1. The Governor is the constitutional head of the State, while the real executive authority ordinarily rests with the elected Council of Ministers.
2. The Governor is constitutionally required to act on ministerial advice in every circumstance without exception.
3. The Governor is appointed by the President of India.
4. The Governor ordinarily holds office for five years but continues in office during the pleasure of the President.

Which of the statements given above are correct?

(A) 1, 2 and 3 only
(B) 2 and 4 only
(C) 1, 2 and 4 only
(D) 1, 3 and 4 only

3. Consider the following Assertion (A) and Reason (R):

Assertion (A):

The constitutional position of the Governor may generate tensions between the Union and State Governments, particularly when different political parties govern them.

Reason (R):

The Governor is appointed by the President and holds office during the President’s pleasure, creating concerns about potential political influence over the institution.

Select the correct answer using the code given below:

(A) Both A and R are correct, and R is the correct explanation of A.
(B) Both A and R are correct, but R is not the correct explanation of A.
(C) A is correct, but R is incorrect.
(D) A is incorrect, but R is correct.

4. With reference to the constitutional powers and functions of the Governor, consider the following statements:

1. Under Article 200, the Governor must reserve a Bill for the President’s consideration if it would endanger the constitutional position of the High Court.
2. Under Article 356, the Governor can independently proclaim President’s Rule without involving the President.
3. Under Article 239, the Governor of a State may also be appointed as the Administrator of an adjoining Union Territory.
4. Under Article 167, the Governor may seek information from the Chief Minister concerning the administration and legislative proposals of the State.

Which of the statements given above are correct?

(A) 1 and 2 only
(B) 1, 3 and 4 only
(C) 2, 3 and 4 only
(D) 1, 2, 3 and 4

5. With reference to the exercise of situational discretion by the Governor during government formation, consider the following statements:

1. In a hung Legislative Assembly, the Governor may exercise judgment in inviting a leader who appears capable of securing the confidence of the House.
2. A floor test is the appropriate constitutional mechanism for determining whether a Ministry enjoys legislative confidence when its majority is in doubt.
3. The Governor’s personal assessment of legislative support can permanently substitute for a floor test.
4. The Governor is constitutionally required to invite the leader of the largest single party in every hung assembly, irrespective of coalition support.

Which of the statements given above are correct?

(A) 1 and 3 only
(B) 2 and 4 only
(C) 1 and 2 only
(D) 1, 2, 3 and 4

6. Consider the following statements regarding Articles 200 and 201 of the Indian Constitution:

1. Article 200 deals with the Governor’s consideration of Bills passed by the State Legislature.
2. Article 201 deals with Bills reserved for the consideration of the President.
3. The Governor must reserve a Bill for the President if it would so derogate from the powers of the High Court as to endanger its constitutional position.
4. The Governor may return a Money Bill to the State Legislature for reconsideration under the first proviso to Article 200.

Which of the statements given above are correct?

(A) 1, 2 and 3 only
(B) 1, 3 and 4 only
(C) 2 and 4 only
(D) 1, 2, 3 and 4

7. Consider the following Assertion (A) and Reason (R):

Assertion (A):

In a hung Legislative Assembly, the Governor may exercise situational discretion while determining whom to invite to form the government.

Reason (R):

Article 155 of the Constitution provides that the Governor of a State shall be appointed by the President.

Select the correct answer using the code given below:

(A) Both A and R are correct, and R is the correct explanation of A.
(B) Both A and R are correct, but R is not the correct explanation of A.
(C) A is correct, but R is incorrect.
(D) A is incorrect, but R is correct.

8. Consider the following pairs:

1. S.R. Bommai (1994) — Legislative majority should ordinarily be tested on the floor of the House.
2. Nabam Rebia (2016) — The Governor possesses unrestricted personal discretion in routine legislative proceedings.
3. B.P. Singhal (2010) — Governors cannot be removed on arbitrary, capricious or unreasonable grounds.
4. S.R. Bommai (1994) — President’s Rule under Article 356 is completely immune from judicial review.

How many of the above pairs are correctly matched?

(A) Only one
(B) Only two
(C) Only three
(D) All four

9. With reference to the Governor’s role in recommending President’s Rule, consider the following statements:

1. Article 356 deals with the failure of constitutional machinery in a State.
2. A report submitted by the Governor may provide a basis for considering the imposition of President’s Rule.
3. The Governor’s subjective assessment of political instability is completely immune from judicial scrutiny.
4. Where legislative majority is genuinely disputed, a floor test is ordinarily preferable to reliance on subjective assessments of political support.

Which of the statements given above are correct?

(A) 1 and 3 only
(B) 2 and 3 only
(C) 1, 3 and 4 only
(D) 1, 2 and 4 only

10. With reference to the Governor’s legislative powers under Article 200, consider the following statements:

1. The Governor may assent to a Bill, withhold assent and return a non-Money Bill with comments, or reserve a Bill for the President’s consideration.
2. A Bill other than a Money Bill may be returned to the State Legislature for reconsideration.
3. The Governor is constitutionally authorised to return a Money Bill with recommendations for reconsideration.
4. Reservation for the President is mandatory when a Bill threatens the constitutional position of the High Court in the manner specified under Article 200.

Which of the statements given above are correct?

(A) 1, 2 and 4 only
(B) 1 and 3 only
(C) 2, 3 and 4 only
(D) 1, 2, 3 and 4

11. With reference to Cooperative Federalism and the institution of Governor, consider the following statements:

1. The Governor serves as a constitutional link between the Union and State Governments.
2. Cooperative federalism permits the Governor to override the elected State Government whenever political differences arise with the Union.
3. Political neutrality in the functioning of the Governor can strengthen State autonomy and constitutional governance.
4. Prolonged delays in dealing with State legislation may create tensions between constitutional discretion and democratic accountability.

Which of the statements given above are correct?

(A) 1 and 2 only
(B) 2, 3 and 4 only
(C) 1, 3 and 4 only
(D) 1, 2, 3 and 4

12. Consider the following pairs:

1. Sarkaria Commission — Appointment of politically detached persons as Governors
2. Punchhi Commission — Proposed six-month timeline for Governors to decide on State Bills
3. NCRWC — Constitutional neutrality and strengthening the functioning of federal institutions
4. S.R. Bommai Judgment — Governor’s personal opinion should permanently replace a legislative floor test

How many of the above pairs are correctly matched?

(A) Only one
(B) Only two
(C) Only three
(D) All four

13. With reference to the Pleasure Doctrine governing the office of Governor, consider the following statements:

1. Article 156 provides that the Governor holds office during the pleasure of the President.
2. The constitutional provision for a five-year term absolutely prevents the removal of a Governor before the completion of that period.
3. Article 155 provides for the appointment of Governors by the President.
4. In the B.P. Singhal Case (2010), the Supreme Court held that the pleasure doctrine does not justify arbitrary or unreasonable removal.

Which of the statements given above are correct?

(A) 1, 2 and 3 only
(B) 1, 3 and 4 only
(C) 2 and 4 only
(D) 1, 2, 3 and 4

14. With reference to recommendations concerning reforms in the office of Governor, consider the following statements:

1. The Sarkaria Commission recommended consultation with the Chief Minister of the concerned State while appointing the Governor.
2. The Punchhi Commission proposed a six-month period for Governors to decide on Bills passed by State Legislatures.
3. The recommendations of the Punchhi Commission automatically became binding constitutional provisions upon submission of its report.
4. The National Commission to Review the Working of the Constitution emphasised constitutional neutrality and the proper functioning of federal institutions.

Which of the statements given above are correct?

(A) 1, 2 and 3 only
(B) 1 and 3 only
(C) 2, 3 and 4 only
(D) 1, 2 and 4 only

15. Consider the following Assertion (A) and Reason (R):

Assertion (A):

Recommending the dismissal of a State Government merely on the basis of a subjective assessment of its legislative support, without allowing a feasible floor test, may violate constitutional principles governing federal democracy.

Reason (R):

In the S.R. Bommai Case (1994), the Supreme Court emphasised that the floor of the Legislative Assembly is the appropriate forum for objectively determining whether a Ministry enjoys majority support.

Select the correct answer using the code given below:

(A) Both A and R are correct, and R is the correct explanation of A.
(B) Both A and R are correct, but R is not the correct explanation of A.
(C) A is correct, but R is incorrect.
(D) A is incorrect, but R is correct.

Pankaj Sir

EX-IRS (UPSC AIR 196)

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