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
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.
Situational discretion in hung Assemblies can become controversial where the Governor invites a party with fewer seats while disregarding a coalition claiming majority support.
Recommending President’s Rule on subjective political assessments rather than objective evidence of constitutional breakdown can undermine federal democracy.
4. Judicial Safeguards and Restraints
The Supreme Court established that legislative majority should ordinarily be tested on the floor of the House, limiting reliance on subjective gubernatorial assessments.
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.
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
Neutral Emissary
Fixed Timelines
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:
How many of the above pairs are correctly matched?
2. With reference to the constitutional and federal position of the Governor, consider the following statements:
Which of the statements given above are correct?
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:
4. With reference to the constitutional powers and functions of the Governor, consider the following statements:
Which of the statements given above are correct?
5. With reference to the exercise of situational discretion by the Governor during government formation, consider the following statements:
Which of the statements given above are correct?
6. Consider the following statements regarding Articles 200 and 201 of the Indian Constitution:
Which of the statements given above are correct?
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:
8. Consider the following pairs:
How many of the above pairs are correctly matched?
9. With reference to the Governor’s role in recommending President’s Rule, consider the following statements:
Which of the statements given above are correct?
10. With reference to the Governor’s legislative powers under Article 200, consider the following statements:
Which of the statements given above are correct?
11. With reference to Cooperative Federalism and the institution of Governor, consider the following statements:
Which of the statements given above are correct?
12. Consider the following pairs:
How many of the above pairs are correctly matched?
13. With reference to the Pleasure Doctrine governing the office of Governor, consider the following statements:
Which of the statements given above are correct?
14. With reference to recommendations concerning reforms in the office of Governor, consider the following statements:
Which of the statements given above are correct?
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:
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