DHARMASHASTRA NATIONAL LAW UNIVERSITY

JABALPUR

BATCH:- 2023-28

TOPIC: - ROLE OF GOVERNOR: AN INDIAN EXPERIENCE

SUBMITTED TO SUBMITTED BY

ASHIT KUMAR SRIVASTAVA MAHAK GOYAL

Assistant Professor (Law) BALLB/054/23

MALAY SINGH

BALLB/055/23
 TABLE OF CONTENTS

Table of Contents
CHAPTER-01 Introduction
ROLE OF GOVERNOR: AN INDIAN EXPERIENCE
CHAPTER-02 Historical Evolution of the Office of Governor
Colonial Legacy and Pre-independence Governors
Post-independence Transition and Constitutional Provisions
Key milestones in evolution of Gubernational powers
CHAPTER- 03 Constitutional powers of Governorship In India
Roles as the constitutional head of the state
Discretionary powers and checks and balances

CHAPTER-04 Case studies and comparative analysis

Case Studies of Significant Governorship Episodes
Comparative analysis with International practices
Relationship with central government

CHAPTER -05 Conclusion

 ACKNOWLEDGEMENT
I would want to convey my sincere gratitude for my teachers' great advice and assistance,
without which I could not have finished my assignment. Their unselfish commitment to helping
me succeed academically has been crucial to my accomplishments.
My gratitude also goes out to the vice chancellor of the university for creating a cooperative and
encouraging atmosphere for all students. My research abilities have improved tremendously as a
result of his dedication to providing possibilities for knowledge gain and innovative projects.

With all due respect, I would like to thank Mr. Ashit Kumar Srivastava , an assistant professor
of law, for his efforts in assigning me this project and for his constant support and direction,
which in the end enabled my thesis to be completed successfully.

Thank You

Mahak Goyal Malay Singh

BALLB/054/23 BALLB/055/23
 Abstract
This paper provides a succinct analysis of the role of the Governor within the Indian
constitutional framework. It examines the constitutional provisions governing the Governor's
powers and responsibilities as the constitutional head of a state, appointed by the President of
India. The paper discusses the Governor's crucial function in upholding democratic principles,
ensuring the rule of law, and preserving the integrity of state administration.
Additionally, it explores the Governor's role as a vital link between the Union government and
state authorities, along with the discretionary powers vested in the office, including the
imposition of President's Rule and the dissolution of state assemblies.
Furthermore, the paper addresses challenges such as political impartiality, gubernatorial
discretion, and avenues for enhancing transparency and accountability in the Governor's office,
offering insights into the evolving dynamics of governance in India's federal structure.
 CHAPTER – 01
INTRODUCTION
TITLE- THE ROLE OF GOVERNOR: AN INDIAN EXPERIENCE

“The role of the Governor in India is a significant aspect of the country's constitutional
framework, with roots that trace back to colonial times. As the appointed constitutional head of a
state, the Governor plays a pivotal role in ensuring the smooth functioning of India's federal
system. The institution of the Governor has evolved considerably since independence, reflecting
the changing dynamics of Indian politics, governance, and federal relations.”

“Constitutionally, the Governor is entrusted with various powers and responsibilities outlined in
Articles 153 to 162 of the Indian Constitution. These include appointing the Chief Minister and
other council of ministers, summoning and proroguing the state legislature, and assenting to bills
passed by the state legislature. Moreover, the Governor acts as a bridge between the Union
government and state administrations, facilitating coordination and cooperation in governance.”

“However, the role of Governors in India has not been without controversies and challenges.
Instances of gubernatorial overreach, political interference, and questions regarding impartiality
have sparked debates about the efficacy and accountability of the office. Despite these
challenges, the Governor remains a crucial institution in India's federal democracy, contributing
to the overall functioning and stability of the state machinery.”
 CHAPTER - 02
Historical Evolution of the Office of Governor
2.1 Colonial Legacy and Pre-independence Governors

India's colonial legacy left a significant impact on its political, social, and economic structures.
During the period of British colonial rule, which lasted from the mid-18th century to the mid-
20th century, India was governed by British administrators and officials.

“The governance of India under British rule was initially overseen by the East India Company, a
British trading company granted control over parts of India by the British government. Over
time, the British Crown assumed direct control of India, and the country was governed by
successive viceroys and governors-general appointed by the British monarch.”

Here are some key figures who served as governors-general or viceroys of India during the
colonial period:

1
Warren Hastings (1773–1785): He was the first Governor-General of Bengal (1773–1785) and
played a crucial role in establishing British control over large parts of India. Hastings was later
impeached by the British Parliament but was acquitted.

2
Lord Cornwallis (1786–1793): He served as Governor-General of India and introduced
significant administrative reforms, including the Cornwallis Code, which laid the foundation for
the British administrative system in India.

Lord Dalhousie (1848–1856): Dalhousie was Governor-General of India during a period of

extensive British expansion and introduced policies such as the Doctrine of Lapse and the
construction of railways, telegraph lines, and postal systems.

Lord Curzon (1899–1905): Curzon served as Viceroy of India and was known for his efforts to
modernize and reform Indian administration, as well as his involvement in the partition of
Bengal in 1905.

1
First governor general of Bengal – Warren Hastings(1773-1785
2
Governor-General of India - Lord Cornwallis (1786–1793)
“3Lord Mountbatten (1947): Mountbatten served as the last Viceroy of India and played a crucial
role in overseeing the partition of British India into the independent nations of India and Pakistan
in 1947.”

2.2 Post-independence Transition and Constitutional Provisions

Constitutional Provisions: The 4Constitution of India, adopted on January 26, 1950, laid down
the fundamental principles and framework for governance in independent India. It provided for a
federal structure with a strong central government, fundamental rights for citizens, and a system
of parliamentary democracy. Key constitutional provisions include:
“CHAPTER I — GENERAL”
“Article 152 : Definition5”
“In this Part, unless the context otherwise requires, the expression “State” does not include the
State of Jammu and Kashmir.”

“CHAPTER II.—THE EXECUTIVE”

“The Governor”
“6ARTICLE 153: GOVERNORS OF STATES”
“There shall be a Governor for each State:”
“Provided that nothing in this article shall prevent the appointment of the same person as
Governor for two or more States.”

7
ARTICLE 154: EXECUTIVE POWER OF STATE
(1) “The executive power of the State shall be vested in the Governor and shall be exercised by
him either directly or through officers subordinate to him in accordance with this Constitution.”
(2) “Nothing in this article shall”—
(a) “be deemed to transfer to the Governor any functions conferred by any existing law on any
other authority; or”
“(b) prevent Parliament or the Legislature of the State from conferring by law functions on any
authority subordinate to the Governor.”
3
“ last Viceroy of India - Lord Mountbatten (1947)”
4
“The Constitution of India, adopted on January 26, 1950”
5
“INDIA CONST. art. 152.”
6
“INDIA CONST. art. 153.”
7
“INDIA CONST. art. 154.”
“ARTICLE 155: APPOINTMENT OF GOVERNOR”8
“The Governor of a State shall be appointed by the President by warrant under his hand and
seal.”

“ARTICLE 156: TERM OF OFFICE OF GOVERNOR9”

“(1) The Governor shall hold office during the pleasure of the President10.

(2) “The Governor may, by writing under his hand addressed to the President, resign his
office11.”

“(3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of
five years from the date on which he enters upon his office:”
“Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold
office until his successor enters upon his office.”

“12ARTICLE 157: QUALIFICATIONS FOR APPOINTMENT AS GOVERNOR”

“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.”

“13ARTICLE 158: CONDITIONS OF GOVERNOR’S OFFICE”

“14(1) The Governor shall not be a member of either House of Parliament or of a House of the
Legislature of any State specified in the First Schedule, and if a member of either House of
Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be
deemed to have vacated his seat in that House on the date on which he enters upon his office as
Governor.”
“15(2) The Governor shall not hold any other office of profit.”
8
“INDIA CONST. art. 155.”
9
“INDIA CONST. art. 156.”
10
“INDIA CONST. art. 156, cl. 1.”
11
“INDIA CONST. art. 156, cl. 2.”
12
“INDIA CONST. art. 157.”
13
“INDIA CONST. art. 158.”
14
“INDIA CONST. art. 158, cl. 1.”
15
”INDIA CONST. art. 158, cl. 2.”
“16(3) The Governor shall be entitled without payment of rent to the use of his official residences
and shall be also entitled to such emoluments, allowances and privileges as may be determined
by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances
and privileges as are specified in the Second Schedule.”
“17(3A)Where the same person is appointed as Governor of two or more States, the emoluments
and allowances payable to the Governor shall be allocated among the States in such proportion
as the President may by order determine.”
“18(4) The emoluments and allowances of the Governor shall not be diminished during his term
of office.”

“19ARTICLE 159: OATH OR AFFIRMATION BY THE GOVERNOR”

“Every Governor and every person discharging the functions of the Governor shall, before
entering upon his office, make and subscribe in the presence of the Chief Justice of the High
Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of
that Court available, an oath or affirmation in the following form, that is to say”—
“I, A. B., do swear in the name of God that I will solemnly affirm
faithfully execute the office of Governor (or discharge the functions of the Governor) of
………….(name of the State) and will to the best of my ability preserve, protect and defend the
Constitution and the law and that I will devote myself to the service and well-being of the people
of ..………(name of the State) .”

“20ARTICLE 160: DISCHARGE OF THE FUNCTIONS OF THE GOVERNOR IN CERTAIN

CONTINGENCIES”
“The President may make such provision as he thinks fit for the discharge of the functions of the
Governor of a State in any contingency not provided for in this Chapter.”

“21ARTICLE 161: POWER OF GOVERNOR TO GRANT PARDONS, ETC., AND TO

SUSPEND, REMIT OR COMMUTE SENTENCES IN CERTAIN CASES”
“The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions
of punishment or to suspend, remit or commute the sentence of any person convicted of any
offence against any law relating to a matter to which the executive power of the State extends.”

16
“ INDIA CONST. art. 158, cl. 3.”
17
“INDIA CONST. art. 158, cl. 3A.”
18
“INDIA CONST. art. 158, cl. 4.”
19
“INDIA CONST. art. 158.”
20
“INDIA CONST. art. 160.”
21
“INDIA CONST. art. 161”
“22ARTICLE 162: EXTENT OF EXECUTIVE POWER OF STATE”
“Subject to the provisions of this Constitution, the executive power of a State shall extend to the
matters with respect to which the Legislature of the State has power to make laws:”
“Provided that in any matter with respect to which the Legislature of a State and Parliament have
power to make laws, the executive power of the State shall be subject to, and limited by, the
executive power expressly conferred by this Constitution or by any law made by Parliament
upon the Union or authorities thereof.”

2.3 Key Milestones in the Evolution of Gubernatorial Powers

“The evolution of gubernatorial powers, particularly in the context of India, has undergone
several key milestones, especially post-independence. Here are some significant milestones in
the evolution of gubernatorial powers in India:”

“23Constitutional Framework (1950): The Constitution of India, adopted in 1950, delineated the
powers and roles of the Governor in the Indian federal structure. The Governor represents the
Union government in the states and serves as the constitutional head of the state.”

“24Sarkaria Commission Recommendations (1983): The Sarkaria Commission, appointed to

examine the relationship between the center and states in India, made recommendations
regarding the appointment and powers of Governors. The commission emphasized the
importance of Governors acting as impartial constitutional authorities and not being influenced
by political considerations.”

“25Rajiv Gandhi's 1987 Directive: In 1987, then-Prime Minister Rajiv Gandhi issued a directive
to Governors, urging them to act as "agents" of the central government. This directive sparked
debates about the appropriate role of Governors and their relationship with the central
government and state governments.

26
Bommai Case (1994): The Supreme Court of India's landmark judgment in the S. R. Bommai v.
Union of India case (1994) set significant precedents regarding gubernatorial powers. The court

22
“INDIA CONST. art. 162”
23
“Constitutional Framework (1950): The Constitution of India, adopted in 1950”
24
“Sarkaria Commission Recommendations”
25
“Rajiv Gandhi's 1987 Directive”
26
“S. R. Bommai v. Union of India case (1994)”
ruled that the Governor's discretion in matters of government formation and dismissal is not
absolute and must be exercised judiciously.

NDA Government's Actions (2014–2019): During the tenure of the National Democratic
Alliance (NDA) government led by Prime Minister Narendra Modi, there were instances where
Governors' actions, particularly in states where the opposition parties held power, were criticized
for being politically motivated. These instances reignited debates about the impartiality and role
of Governors.

Appointment and Dismissal Procedures: Over the years, various governments have debated the
procedures for the appointment and dismissal of Governors. Some have called for greater
transparency and consultation with state governments and opposition parties in the appointment
process to ensure the selection of impartial individuals.

“Governor's Role in State Assemblies:The Governor plays a crucial role in state assemblies,
including the summoning, proroguing, and dissolution of the assembly. The exercise of these
powers has sometimes been contentious, particularly in cases of political instability or hung
assemblies.”

“Emergency Powers: In times of emergency, Governors may be vested with special powers to
maintain law and order and ensure the functioning of the state machinery. However, the exercise
of emergency powers by Governors has been subject to scrutiny and debate.”

These milestones reflect the evolving nature of gubernatorial powers in India and the ongoing
debates surrounding the role and responsibilities of Governors in the country's federal structure

CHAPTER – 03
Constitutional powers of Governorship in India
“The Governor of a state in India possesses a range of constitutional powers that are outlined in
various articles of the Constitution. Here's an overview of the constitutional powers of the
Governor:”
Executive Powers:
27
Article 154: “The executive power of the State shall be vested in the Governor and shall be
exercised by him either directly or through officers subordinate to him in accordance with the
Constitution.”
Legislative Powers:
28
“Article 175: The Governor shall address the Legislative Assembly at the commencement of
the first session after each general election to the Legislative Assembly and at the
commencement of the first session of each year”.
29
“Article 174: The Governor may send messages to the House or Houses of the Legislature of
the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a
House to which any message is so sent shall with all convenient dispatch consider any matter
required by the message to be taken into consideration.”
“Article 174: The Governor may, from time to time, prorogue the House or either House.”
Article 174: The Governor may dissolve the Legislative Assembly.
Assent to Bills:
“30Article 200: A Bill, passed by the Houses of the Legislature of a State, shall become law after
it has been assented to by the Governor.”
Appointment of Ministers:
31
Article 164: The Chief Minister shall be appointed by the Governor and the other Ministers
shall be appointed by the Governor on the advice of the Chief Minister.
Discretionary Powers:
32
“Article 163: There shall be a Council of Ministers with the Chief Minister at the head to aid
and advise the Governor in the exercise of his functions, except in so far as he is by or under this
Constitution required to exercise his functions or any of them in his discretion.”
Article 164: The Governor shall appoint the Chief Minister, and the other Ministers shall be
appointed by the Governor on the advice of the Chief Minister.
“Article 164(2): The Council of Ministers shall be collectively responsible to the Legislative
Assembly of the State”.
Judicial Powers:
“Article 161: The Governor of a State shall have the power to grant pardons, reprieves, respites
or remissions of punishment or to suspend, remit or commute the sentence of any person
27
ibid
28
“INDIA CONST. art. 175 “
29
“INDIA CONST. art. 174”
30
“INDIA CONST. art. 200”
31
“INDIA CONST. art. 162”
32
“INDIA CONST. art. 163”
convicted of any offence against any law relating to a matter to which the executive power of the
State extends.”
Emergency Powers:
“33Article 356: If the Governor of a State is satisfied that a situation has arisen in which the
Government of the State cannot be carried on in accordance with the provisions of this
Constitution, the Governor may, by Proclamation, assume to himself all or any of the functions
of the Government of the State and all or any of the powers vested in or exercisable by anybody
or authority in the State other than the Legislature of the State.”
These articles of the Constitution delineate the powers and functions of the Governor, ensuring
their role in the effective governance of the state.
“3.2 Role as the Constitutional Head of the State”
“The role of the Governor as the Constitutional Head of the State is defined by various articles of
the Constitution of India and has been further elucidated through judicial interpretations in
notable cases”.
Executive Authority:
“34Article 154: Executive power of the State vested in the Governor.”
“Case Law: In the case of Shamsher Singh v. State of Punjab 35 (1974), the Supreme Court held
that the Governor is the executive head of the state and exercises executive powers on behalf of
the state government.”
Appointment of Chief Minister and Council of Ministers:
“36Article 164: Governor appoints the Chief Minister and other Ministers. However, this is done
on the advice of the Chief Minister.”
“Case Law: In the Bommai case (S.R. Bommai v. Union of India 37 1994), the Supreme Court
ruled that the Governor has a limited role in appointing the Chief Minister and other Ministers
and is bound by the advice of the Council of Ministers.”
Summoning and Proroguing the Legislative Assembly:
“38Article 174: Governor summons and prorogues the legislative assembly.”
“Case Law: In the 39Rameshwar Prasad case (Rameshwar Prasad (VI) v. Union of India, 2006),
the Supreme Court held that the Governor's discretion to summon or prorogue the assembly is
subject to judicial review and should not be exercised arbitrarily.”
33
Article 356 of Indian constitution
34
Article 154 of Indian constitution
35
“Shamsher Singh v. State of Punjab”
36
Article 164 of Indian constitution
37
S.R. Bommai v. Union of India 1994
38
Article 174 of Indian constitution
39
Rameshwar Prasad case (Rameshwar Prasad (VI) v. Union of India, 2006
Assent to Bills:
“40Article 200: Bills passed by the state legislative assembly require the Governor's assent.”
“Case Law: In the Potti Sreeramulu case (Potti Sreeramulu v. Union of India, 1953) 41, the
Supreme Court affirmed that the Governor's assent is necessary for a bill to become law, but the
Governor must act in accordance with the Constitution and not arbitrarily.”
Discretionary Powers:
Article 163: Governor exercises discretionary powers in certain circumstances.
Case Law: In the Rameshwar Prasad case (2006), the Supreme Court reiterated that the
Governor's discretionary powers should be exercised judiciously and not arbitrarily.
Emergency Powers:
Article 356: Governor may assume emergency powers if the constitutional machinery in the state
is not functioning properly.
Case Law: In the S.R. Bommai case (1994), the Supreme Court established guidelines regarding
the Governor's discretion to recommend President's Rule, emphasizing that it should be exercised
sparingly and as a last resort.
3.3 Discretionary Powers and Checks and Balances
Executive Authority:
“Article 154: Executive power of the State vested in the Governor”.
“Case Law: In the case of Shamsher Singh v. State of Punjab (1974), the Supreme Court held
that the Governor is the executive head of the state and exercises executive powers on behalf of
the state government.”
Appointment of Chief Minister and Council of Ministers:

“Article 164: Governor appoints the Chief Minister and other Ministers. However, this is done
on the advice of the Chief Minister”.
‘Case Law: In the Bommai case (S.R. Bommai v. Union of India, 1994), the Supreme Court
ruled that the Governor has a limited role in appointing the Chief Minister and other Ministers
and is bound by the advice of the Council of Ministers’.
Summoning and Proroguing the Legislative Assembly:

40
Article 200 of Indian constitution
41
Potti Sreeramulu v. Union of India, 1953
“Article 174: Governor summons and prorogues the legislative assembly”.
“Case Law: In the Rameshwar Prasad case (Rameshwar Prasad (VI) v. Union of India, 2006), the
Supreme Court held that the Governor's discretion to summon or prorogue the assembly is
subject to judicial review and should not be exercised arbitrarily.”
Assent to Bills:

Article 200: Bills passed by the state legislative assembly require the Governor's assent.
“Case Law: In the Potti Sreeramulu case (Potti Sreeramulu v. Union of India, 1953), the
Supreme Court affirmed that the Governor's assent is necessary for a bill to become law, but the
Governor must act in accordance with the Constitution and not arbitrarily”.
Discretionary Powers:

Article 163: Governor exercises discretionary powers in certain circumstances.

Case Law: In the Rameshwar Prasad case (2006), the Supreme Court reiterated that the
Governor's discretionary powers should be exercised judiciously and not arbitrarily.
Emergency Powers:

Article 356: Governor may assume emergency powers if the constitutional machinery in the state
is not functioning properly.
Case Law: In the S.R. Bommai case (1994), the Supreme Court established guidelines regarding
the Governor's discretion to recommend President's Rule, emphasizing that it should be exercised
sparingly and as a last resort.

3.4 Relationship with the Union Government and State Legislature

Relationship with the Union Government:

Article 155: The Governor is appointed by the President of India and acts as the representative of
the Union government in the state.
Article 156: The Governor holds office during the pleasure of the President.
Article 157: The Governor is eligible for reappointment.
Case Law: While there may not be specific case law regarding the Governor's relationship with
the Union government, these articles establish the constitutional framework for the Governor's
appointment and relationship with the President, who represents the Union government.
Relationship with the State Legislature:

Article 168: The Governor summons and prorogues the sessions of the State Legislature (Vidhan
Sabha) and may dissolve the Legislative Assembly.
Article 175: The Governor addresses the State Legislature at the commencement of the first
session after each general election and at the commencement of the first session of each year.
Article 174: The Governor may send messages to the House or Houses of the Legislature of the
State and prorogue the House or either House.
Case Law: The Rameshwar Prasad case (Rameshwar Prasad (VI) v. Union of India, 2006)
emphasized the importance of the Governor's role in summoning and proroguing the sessions of
the State Legislature. The Supreme Court held that the Governor's discretion in this matter is
subject to judicial review and should not be exercised arbitrarily.
Relationship with the Council of Ministers:
Article 163: The Governor is aided and advised by the Council of Ministers headed by the Chief
Minister, except in matters where the Governor is required to act in their discretion.
Article 164: The Governor appoints the Chief Minister and other Ministers on the advice of the
Chief Minister.
Case Law: In the Bommai case (S.R. Bommai v. Union of India, 1994), the Supreme Court
emphasized that the Governor should act on the advice of the Council of Ministers, and the
Governor's discretion is limited in matters of appointment and dismissal of Ministers. The Court
also ruled that the Governor's actions can be subject to judicial review to ensure they are in
accordance with constitution.

CHAPTER – 04
Case Studies and Comparative Analysis
4.1Case Studies of Significant Governorship Episodes
Arunachal Pradesh Political Crisis (2016):

Background: In 2016, Arunachal Pradesh witnessed a political crisis when the Governor, J.P.
Rajkhowa, advanced the state assembly session without consulting the Chief Minister and the
Council of Ministers. This move was seen as an attempt to dislodge the then Chief Minister
Nabam Tuki.
Events: Following the advancement of the assembly session, the Deputy Speaker conducted the
proceedings and purportedly removed the Speaker and Chief Minister, leading to a political
turmoil in the state. Subsequently, President's Rule was imposed in the state.
Outcome: The matter was challenged in the Supreme Court, which declared the Governor's
actions as unconstitutional and restored the status quo ante. The imposition of President's Rule
was also quashed, and Nabam Tuki was reinstated as the Chief Minister.
Karnataka Political Crisis (2019):

Background: In July 2019, Karnataka witnessed a political crisis when several MLAs from the
ruling coalition government submitted their resignations. The Governor, Vajubhai Vala, was
approached by the opposition parties demanding a floor test to prove the government's majority.
Events: Despite requests for an immediate floor test, the Governor allowed the Chief Minister
some time to prove his majority. The matter was eventually taken to the Supreme Court.
Outcome: The Supreme Court ruled that the rebel MLAs could not be compelled to attend the
assembly session but upheld the Speaker's authority to decide on the resignations. The Speaker
disqualified the rebel MLAs, and a trust vote was conducted, which led to the collapse of the
coalition government.
Rajasthan Political Crisis (2020):

Background: In July 2020, Rajasthan witnessed a political crisis when the then Deputy Chief
Minister, Sachin Pilot, rebelled against the Chief Minister, Ashok Gehlot, along with several
MLAs. The Governor, Kalraj Mishra, was approached by the Chief Minister to convene a
session of the Legislative Assembly.
Events: The Governor initially refused to convene the assembly session, citing reasons related to
the COVID-19 pandemic. However, after the intervention of the Supreme Court, the Governor
agreed to convene the session.
Outcome: The assembly session was held, and the Chief Minister won the trust vote. The
rebellion within the party was contained, and Ashok Gehlot's government continued in power.
4.2 Comparative Analysis with International Practices
Appointment and Tenure:

In India, Governors are appointed by the President and typically hold office at the pleasure of the
President or for a fixed term.
In some countries like the United States, Governors are elected by the people and serve fixed
terms, typically four years. They can be re-elected for multiple terms.
In other countries, such as Canada and Australia, Governors (known as Lieutenant Governors or
Governors-General) are appointed by the Head of State (the Monarch or the Governor-General)
on the advice of the Prime Minister and serve at their pleasure.
Role and Powers:

Indian Governors serve as the ceremonial heads of states and exercise executive, legislative, and
discretionary powers, as outlined in the Constitution.
In the United States, Governors have significant executive powers, including the authority to
veto legislation, propose budgets, and appoint officials.
In other countries like Canada and Australia, Governors-General or Lieutenant Governors have
more limited powers and primarily serve ceremonial roles, representing the Crown in their
respective jurisdictions.
Relationship with Central Government:

Indian Governors act as representatives of the Union government in the states and play a crucial
role in ensuring coordination between the central and state governments.
In federal countries like the United States, Governors often assert states' rights and autonomy
vis-à-vis the federal government, leading to occasional conflicts.
In countries with constitutional monarchies like Canada and Australia, Governors-General or
Lieutenant Governors represent the Monarch and act on the advice of the Prime Minister and
federal government.
Checks and Balances:

Indian Governors' actions are subject to judicial review and parliamentary scrutiny to ensure they
are in accordance with constitutional principles.
In other countries, Governors' actions may also be subject to legal and constitutional checks and
balances, depending on the specific structures and legal frameworks in place.
Crisis Management:

Indian Governors may play a role in managing political crises within states, as seen in cases such
as the imposition of President's Rule.
Governors in other countries may also have roles in crisis management, but the extent of their
involvement and powers vary based on the respective legal and constitutional frameworks.
Articles related to Governor
42
Governor only a symbolic head; real power with elected representatives

In the judgment, the Court reaffirmed that the Governor is an unelected Head of the State and
cannot use his constitutional powers to thwart the normal course of lawmaking by the State.

"The Governor, as an unelected Head of the State, is entrusted with certain constitutional powers.
However, this power cannot be used to thwart the normal course of lawmaking by the State
Legislatures."

"In a Parliamentary form of democracy real power vests in the elected representatives of the
people. The governments, both in the States and at the Centre consist of members of the State
Legislature, and, as the case may be, Parliament. Members of the government in a Cabinet form
of government are accountable to and subject to scrutiny by the legislature. The Governor as an
appointee of the President is the titular head of State"

“In the Punjab matter, the Governor kept the bills pending by doubting the validity of the
assembly session in which they were passed. Notably, the Governor did not ‘declare’ in any
public notification that he is withholding his assent to the Bills. The Governor advised the Chief
Minister to call for a fresh Monsoon/Winter Session and to forward an agenda setting out the
specific business to be conducted so as to enable him to grant permission for the summoning of
the House to transact the business.”
Tamil Nadu crisis
“There was an ambiguity as to whether the Governor is bound to return the bill to the assembly if
he is declaring that he is withholding assent. This situation arose recently in Tamil Nadu, where
the Governor declared that he was withholding assent over certain bills. The Governor did not
return those bills to the house; yet, the assembly readopted the very same bills.”

“During the hearing of the writ petition filed by the State of Tamil Nadu against the Tamil Nadu
Governor's inaction on bills, the Supreme Court had pondered on whether the Governor is bound

42
Government Can’t Veto Legislature By Simply Withholding Assent To Bill; Must Return Bill To Assembly On
Withholding Assent: Supreme Court, LIVE LAW NEWS NETWORK (Nov.23.2023, 8:19 PM) Governor's Assent
to Bills Cannot be Effectively Withheld Without Returning Them to Legislative Assembly: Supreme Court ([Link])
to return a bill to the house after withholding assent or whether the Governor can simply say that
he was withholding assent.”43

CHAPTER -05
Conclusion
The role of a governor within a political system is multifaceted and crucial to the functioning of
governance. After considering various aspects and responsibilities, it becomes evident that
governors play a pivotal role in shaping the trajectory of a region or state.

Firstly, governors serve as the chief executives of their respective jurisdictions, responsible for
overseeing the execution of laws, management of resources, and administration of public
services. Their leadership sets the tone for governmental operations, influencing policy decisions
and priorities that directly impact the lives of citizens.
43
“Tamil Nadu crisis”
Moreover, governors act as representatives of their states or regions, both domestically and
internationally. They engage in diplomacy, fostering relationships with other states, nations, and
entities to promote trade, cooperation, and mutual understanding. In times of crisis or disaster,
governors provide a focal point for coordination and response, ensuring the safety and well-being
of their constituents.

Additionally, governors hold considerable influence in the legislative process. Through their
power to veto legislation and propose agendas, they can shape the direction of public policy and
guide legislative priorities. Their ability to negotiate and collaborate with lawmakers is essential
for achieving consensus and enacting meaningful change.

Furthermore, governors serve as the ceremonial heads of their states, embodying the values and
aspirations of their constituents. They represent the state at official functions, celebrations, and
events, fostering a sense of unity and pride among citizens.

In conclusion, the role of a governor is indispensable in the functioning of government and the
advancement of society. By providing leadership, representation, and stewardship, governors
contribute significantly to the prosperity and well-being of their states or regions. Their
responsibilities extend across various domains, requiring a blend of managerial skills, political
acumen, and a commitment to public service. Ultimately, governors play a vital role in shaping
the present and future of their communities, ensuring progress, prosperity, and justice for all.