Understanding the powers of the Governor is essential polity for SSC, State PSC and Railway exams, because the Governor is the constitutional head of a state and the counterpart of the President at the state level. This guide explains the powers of the Governor clearly — appointment and term first, then the executive, legislative, financial, judicial and, importantly, discretionary powers that make the office distinctive. The relevant provisions are contained in Articles 153 to 161 of the Constitution.
Table of Contents
Who is the Governor
The Governor is the constitutional head of a state, occupying a position analogous to that of the President at the Union level. Article 153 provides that there shall be a Governor for each state, though the same person may be appointed Governor of two or more states. Real executive power in the state rests with the Council of Ministers headed by the Chief Minister; the Governor generally acts on their aid and advice, except where the Constitution allows him to use his own discretion. To be eligible, a person must be a citizen of India and have completed 35 years of age.
Appointment & term
Under Article 155, the Governor is appointed by the President by warrant under his hand and seal — that is, effectively by the Union government. The Governor holds office for a term of five years but, under Article 156, holds office “during the pleasure of the President”, which means the term is not fixed in practice and a Governor can be transferred or removed earlier. This method of appointment — nomination by the Centre rather than election — is a frequently tested point and distinguishes the Governor from the directly-relevant elected offices of the state.
Executive powers
All executive action of the state government is taken in the name of the Governor. He appoints the Chief Minister and, on the Chief Minister’s advice, the other ministers. He also appoints the Advocate General of the state, the State Election Commissioner and the members and chairman of the State Public Service Commission, and he has the right to be informed of the affairs of the state administration. Crucially, he appoints these functionaries but exercises most executive power on the advice of the Council of Ministers.
Legislative powers
The Governor is a part of the state legislature. He summons and prorogues the sessions of the legislature and can dissolve the Legislative Assembly. He addresses the legislature at the start of the first session after each election and each year, and every bill passed by the legislature must receive his assent to become law. On a bill, the Governor may give assent, withhold assent, return it for reconsideration (if it is not a money bill), or reserve it for the consideration of the President — the last being a significant power. He can also promulgate ordinances under Article 213 when the legislature is not in session.
Financial & judicial powers
On the financial side, money bills can be introduced in the state legislature only on the Governor’s recommendation, he causes the annual budget to be laid before the legislature, and the state Contingency Fund is at his disposal for advances. On the judicial side, the Governor has the power under Article 161 to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute the sentence of any person convicted under a state law. Notably, unlike the President, the Governor cannot pardon a death sentence, and the President is consulted in the appointment of judges of the state High Court.
Discretionary powers
What makes the Governor distinctive is that, unlike the President, he can act in his own discretion in certain situations. These discretionary powers include reserving a bill for the consideration of the President, recommending the imposition of President’s Rule in the state under Article 356, and exercising judgement in appointing a Chief Minister when no party has a clear majority (a hung assembly) or when a Chief Minister dies in office without an obvious successor. Because these powers can be politically sensitive, they are among the most examined and most debated aspects of the office. For the wider constitutional context, see our Indian polity notes and the notes on Fundamental Rights.
Exam focus
For exams, anchor the article numbers (153 the office, 155 appointment, 156 term, 161 pardoning power, 213 ordinances), the “pleasure of the President” tenure rule, and the list of discretionary powers, which is the most frequently asked part. A classic comparison question contrasts the Governor with the President — both are nominal heads, but the Governor is appointed (not elected), holds office at the Centre’s pleasure, and cannot pardon a death sentence. Learn these contrasts and the powers of the Governor become reliable marks. You can read the exact articles on the National Portal of India.
Frequently Asked Questions
Who appoints the Governor of a state?
The Governor is appointed by the President of India under Article 155 and holds office during the pleasure of the President.
What is the term of a Governor?
A Governor holds office for a term of five years but continues at the pleasure of the President, and may be transferred or removed earlier.
What are the discretionary powers of the Governor?
The Governor can act in his own discretion in certain matters, such as reserving a bill for the President, appointing a Chief Minister in a hung assembly, and recommending President’s Rule.
Which articles deal with the Governor?
Articles 153 to 161 of the Constitution deal with the office, appointment and powers of the Governor of a state.