The Governor in Indian Polity: Articles, Powers, and MCQs for SSC, PCS & UPSC

Introduction

In the Indian Constitution, the Governor is the chief executive head of a state. Just like the President is the nominal head of the country, the Governor is the nominal (titular) head of a state. The real executive power lies with the Chief Minister and the Council of Ministers.

The Governor plays a dual role:

1. The Constitutional Head of the State.
2. A representative (agent) of the Central Government.

Articles 153 to 167 in Part VI of the Constitution deal with the State Executive. The State Executive consists of the Governor, the Chief Minister, the Council of Ministers, and the Advocate General of the State.

Important Articles Related to the Governor

Here is a quick-revision list of the most important Constitutional Articles related to the Governor:

• Article 153: Governors of States (There shall be a Governor for each state).
• Article 154: Executive power of the State is vested in the Governor.
• Article 155: Appointment of the Governor (by the President).
• Article 156: Term of office of the Governor.
• Article 157: Qualifications for appointment as Governor.
• Article 159: Oath or affirmation by the Governor.
• Article 161: Power of the Governor to grant pardons, reprieves, etc.
• Article 213: Power of the Governor to promulgate Ordinances.

Crucial Amendment: The 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as a Governor for two or more states.

Qualifications and Appointment

Qualifications (Article 157)

The Constitution lays down only two basic qualifications for a person to be appointed as Governor:

1. He/she should be a citizen of India.
2. He/she should have completed 35 years of age.

(Conventionally, the person is an outsider, meaning they do not belong to the state where they are appointed, so they can remain free from local politics).

Appointment (Article 155)

The Governor is neither directly elected by the people nor indirectly elected by a specially constituted electoral college. The Governor is appointed by the President by warrant under his hand and seal.

Term, Removal, and Oath

• Term of Office: Normally, the Governor holds office for a term of 5 years.
• Removal: The Governor holds office during the pleasure of the President (Article 156). The Constitution does not lay down any specific grounds for the removal of the Governor. The President can remove them at any time.
• Resignation: The Governor can resign at any time by writing a resignation letter to the President.
• Oath (Article 159): The oath of office to the Governor is administered by the Chief Justice of the concerned State High Court (and in their absence, the senior-most judge of that court available).

Powers and Functions of the Governor

The Governor possesses executive, legislative, financial, and judicial powers, but does not possess diplomatic, military, or emergency powers like the President.

1. Executive Powers

• All executive actions of the government of a state are formally taken in their name.
• Appoints the Chief Minister and other ministers.
• Appoints the Advocate General of a state, State Election Commissioner, and the chairman/members of the State Public Service Commission (SPSC). (Note: SPSC members are appointed by the Governor but can only be removed by the President).
• Recommends the imposition of Constitutional Emergency (President’s Rule) in a state to the President (Article 356).

2. Legislative Powers

• Can summon, prorogue the state legislature, and dissolve the state legislative assembly.
• Nominates one-sixth (1/6) of the members of the State Legislative Council (from fields of literature, science, art, cooperative movement, and social service).
• Can reserve a bill passed by the state legislature for the consideration of the President (Article 200).
• Ordinance Making Power (Article 213): Can issue ordinances when the state legislature is not in session. Must be approved by the state legislature within 6 weeks from its reassembly.

3. Financial Powers

• Ensures that the Annual State Budget is laid before the state legislature.
• Money bills can be introduced in the state legislature only with the Governor’s prior recommendation.
• Constitutes a State Finance Commission every 5 years to review the financial position of panchayats and municipalities.

4. Judicial Powers

• Pardoning Power (Article 161): Can pardon, reprieve, respite, remit, or commute sentences of any person convicted of any offense against a state law.
• Consulted by the President while appointing the judges of the concerned State High Court.

Important Committees on Governor’s Role

1. Sarkaria Commission (1983): Recommended that the Governor should be an eminent person from outside the state and should not be intimately connected with the local politics of the state.
2. Punchhi Commission (2007): Recommended that the phrase “pleasure of the President” should be deleted from the Constitution, and a Governor should be removed only by a resolution of the state legislature (impeachment).

🚨 Common Exam Traps & Confusing Points

• TRAP: Who appoints the Governor? President. Who administers the oath? Chief Justice of High Court. (Students often mark “President” for the oath).
• TRAP: Who removes the members of the State Public Service Commission (SPSC)? President. (Students often mark Governor because the Governor appoints them).
• TRAP: Can the Governor pardon a death sentence? NO. Only the President can pardon a death sentence, even if it is prescribed under a state law.
• TRAP: Can the Governor pardon sentences inflicted by Court Martial (Military Courts)? NO. Only the President has this power.

Previous Year Exam Relevance (SSC/Railway/PCS)

• SSC CGL/CHSL: Mostly asks direct Articles (Article 153, Article 213), minimum age (35 years), and who administers the oath.
• Railway (RRB NTPC/Group D): Focuses on “Who appoints who?” (E.g., Who appoints the Advocate General of the State? Answer: Governor).
• State PCS/UPSC: Focuses on statement-based questions, discretionary powers, ordinance-making power, and comparison between the pardoning power of the President vs. the Governor.

📝 Practice MCQs

Q1. According to the Indian Constitution, the minimum age to be appointed as a Governor of a State is:

A) 25 years

B) 30 years

C) 35 years

D) None of the above

Answer: C (35 years)

Explanation: Article 157 states that no person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.

Q2. Who administers the oath of office to the Governor of a state?

A) The President of India

B) The Chief Justice of India

C) The Chief Minister of the State

D) The Chief Justice of the State High Court

Answer: D (The Chief Justice of the State High Court)

Explanation: Under Article 159, the oath is administered by the Chief Justice of the concerned State High Court, not the President.

Q3. The power of the Governor to issue ordinances is given in which Article of the Constitution?

A) Article 123

B) Article 213

C) Article 161

D) Article 200

Answer: B (Article 213)

Explanation: Article 213 empowers the Governor to promulgate ordinances when the state legislature is not in session. (Article 123 is the ordinance making power of the President).

Q4. Which Constitutional Amendment allowed the appointment of the same person as a Governor for two or more states?

A) 42nd Amendment Act, 1976

B) 44th Amendment Act, 1978

C) 7th Amendment Act, 1956

D) 73rd Amendment Act, 1992

Answer: C (7th Amendment Act, 1956)

Explanation: The 7th CAA of 1956 amended Article 153 to allow one person to serve as Governor for multiple states.

Q5. Consider the following statements regarding the powers of the Governor:

1. He can pardon a death sentence.
2. He appoints the Chairman of the State Public Service Commission.Which of the statements given above is/are correct?A) 1 onlyB) 2 onlyC) Both 1 and 2D) Neither 1 nor 2Answer: B (2 only)Explanation: Statement 1 is incorrect because the Governor cannot pardon a death sentence; only the President can. Statement 2 is correct.

Q6. To whom does the Governor address his resignation?

A) Chief Justice of High Court

B) Prime Minister

C) President

D) Chief Minister

Answer: C (President)

Explanation: The Governor holds office during the pleasure of the President and can resign by writing to the President.

Quick Revision Summary

• Role: Nominal head of state; Agent of the Centre.
• Key Articles: 153 (Office), 155 (Appointment), 213 (Ordinance).
• Appointed by: President.
• Oath by: Chief Justice of High Court.
• Resigns to: President.
• Removed by: President (No grounds mentioned in the Constitution).
• Age Limit: Minimum 35 years.
• Unique limitations: Cannot pardon a death sentence or a court-martial sentence.