Overview

The Governor of a State is its constitutional head, appointed by the President under Article 155 and holding office during the President's pleasure for a term of five years. The Governor acts on the advice of the State Council of Ministers except where the Constitution requires discretion, and carries special duties for Scheduled and tribal areas.

Governor of a State: Constitutional Head and Link With the Union

Office of the Governor Under Articles 153 and 154

Article 153 provides that there shall be a Governor for each State, and Article 154 vests the executive power of the State in the Governor, to be exercised directly or through subordinate officers. Under Article 163, a Council of Ministers headed by the Chief Minister aids and advises the Governor, except where the Constitution requires the Governor to act in discretion.

The office matters because the Governor sits where the Union and the State meet. The Sarkaria Commission noted that the role of the Governor has emerged as one of the key issues in Union-State relations, and it recorded criticism of Governors' conduct in recommending President's Rule and in reserving Bills for the President.

The significance of the Governor lies in three roles:

  • Constitutional head: All executive action of the State Government is expressed to be taken in the Governor’s name.
  • Sentinel and link: The Governor is a friend, philosopher and guide to the Council of Ministers and a live link with the Union.
  • Special responsibilities: Duties for Scheduled Areas, tribal areas and the States covered by Article 371.

The Governor's powers over Bills, ordinances and hung Assemblies are explained in Powers of the Governor: Executive, Legislative, Ordinance, Assent and Discretion. The President's office, with which Table 1 compares the Governor's, is covered in President of India: Election, Qualifications, Term and Impeachment.

Hub diagram of six roles of the Governor: constitutional head in whose name executive action is taken; link with the Union as the President's appointee; friend and guide entitled to information from the Chief Minister; discretion only where the Constitution provides; Fifth and Sixth Schedule duties; special responsibilities under Article 371 and as administrator of an adjoining Union territory
Figure 1. The six roles of a Governor. Reference: the Constitution and the Sarkaria Commission.

One Governor for Two or More States and for a Union Territory

The Seventh Amendment of 1956 added a proviso to Article 153 so that the same person may be appointed Governor of two or more States. Article 158(3A) then allocates that Governor's emoluments among the States in the proportion the President fixes by order.

Under Article 239(2), the President may also appoint a Governor as administrator of an adjoining Union territory, and the Governor then acts independently of the State Council of Ministers, as an agent of the President. Article 160 lets the President provide for the discharge of the Governor's functions in any contingency the chapter does not cover.

Why the Governor Is Nominated, Not Elected

The Constituent Assembly considered an elected Governor and gave the idea up. It recognised that an elected Governor alongside a Chief Minister responsible to the legislature might lead to friction and weak administration, and Jawaharlal Nehru argued that election would encourage a separatist provincial tendency.

The result is a head of State appointed by the Union but working, in ordinary times, on the advice of an elected State government. The table compares the office with the President's.

Table 1. The Governor and the President compared.
Feature Governor President
How chosen Appointed by the President by warrant (Article 155) Elected by an electoral college (Article 54)
Age At least 35 (Article 157) At least 35 (Article 58)
Oath before Chief Justice of the High Court (Article 159) Chief Justice of India (Article 60)
Term Five years, during the President's pleasure Five years
Removal Withdrawal of pleasure, within the limits of B. P. Singhal Impeachment for violation of the Constitution (Article 61)
Immunity Article 361 Article 361

Appointment and Qualifications of the Governor

Appointment by Warrant and the Conditions in Articles 157 and 158

Under Article 155, the President appoints the Governor by warrant under the President's hand and seal. Article 157 requires the Governor to be a citizen of India who has completed thirty-five years of age.

Article 158 sets the conditions of office. The Governor may not be a member of Parliament or of a State legislature, and a member appointed Governor vacates the seat on taking office; the Governor may hold no other office of profit.

Selection Criteria From the Sarkaria Commission Onwards

Beyond citizenship, age and the conditions of Article 158, the Constitution sets no test of suitability, so commissions have supplied one. The Sarkaria Commission recommended that a Governor should be eminent in some walk of life, a person from outside the State, a detached figure not too intimately connected with local politics, and a person who has not taken too great a part in politics generally, and particularly in the recent past.

It drew these criteria from Nehru's remarks in the Constituent Assembly and added that persons from minority groups should continue to be given a chance. It also favoured consultation with the Chief Minister, the Vice-President and the Speaker of the Lok Sabha, the last two on a confidential and informal basis rather than as a constitutional requirement.

The NCRWC, in its consultation paper of 11 May 2001, agreed and proposed amending Article 155 to include consultation with the Chief Minister. The Punchhi Commission found in 2010 that parties in power at the Centre had given scant attention to these criteria, producing a politicised governorship, and urged strict guidelines.

Oath, Emoluments and Immunities of the Governor

Oath Before the Chief Justice of the High Court

Under Article 159, every Governor, and every person discharging the Governor's functions, takes an oath before the Chief Justice of the High Court with jurisdiction over the State, or in that Chief Justice's absence, the senior-most available judge of that Court.

The Governor swears to execute the office faithfully, to preserve, protect and defend the Constitution and the law to the best of the Governor's ability, and to devote the office to the service and well-being of the people of the State.

Residence, Emoluments and Their Protection

Under Article 158(3), the Governor is entitled to official residences without paying rent and to emoluments, allowances and privileges fixed by Parliament by law, or until then those in the Second Schedule. Under Article 158(4) the emoluments and allowances may not be diminished during the term of office.

Where one person is Governor of two or more States, Article 158(3A) lets the President divide the emoluments and allowances among those States by order, in the proportion the President determines, so that no State bears the whole cost of a shared Governor.

Immunities Under Article 361

Article 361 gives the Governor, like the President, four immunities during the term of office:

  • Official acts: The Governor is not answerable to any court for the exercise of the powers and duties of the office.
  • Criminal proceedings: None may be instituted or continued against the Governor in any court.
  • Arrest: No process for arrest or imprisonment may issue from any court.
  • Civil suits for personal acts: These may be filed only after two months’ written notice to the Governor.

The immunity protects the person, not the government: a proviso preserves the right to bring proceedings against the Government of the State. Members of a State legislature have a different protection under Article 194(2): no proceedings in any court for anything said or any vote given in the House or its committees.

Term and Removal of the Governor Under the Pleasure Doctrine

Five-Year Term at the Pleasure of the President

Under Article 156, the Governor holds office during the pleasure of the President, may resign by writing to the President, and, subject to these, holds office for five years. A Governor continues in office after the term ends until a successor enters upon the office.

Two conclusions follow. A Governor can be removed before completing five years, because the term is subject to the President's pleasure, and a Governor may serve beyond five years while awaiting a successor. Unlike the President, a Governor faces no impeachment.

B. P. Singhal v. Union of India (2010): Limits on Removal

The case arose from the removal of the Governors of Uttar Pradesh, Gujarat, Haryana and Goa on 2 July 2004. On 7 May 2010, a Constitution Bench of the Supreme Court decided B. P. Singhal v. Union of India. It accepted that under Article 156(1) the President can remove a Governor at any time, without assigning any reason and without giving an opportunity to show cause, but held that the power has limits:

  • Not arbitrary: The power cannot be exercised in an arbitrary, capricious or unreasonable manner.
  • Compelling reasons: Removal must be in rare and exceptional circumstances, for valid and compelling reasons.
  • Not for disagreement: A Governor cannot be removed for being out of sync with the Union Government’s policies or because it has lost confidence in the Governor.
  • Not for a change of government: A change of government at the Centre is not a ground for removing Governors.

Judicial review is limited. If a removed Governor shows prima facie that the removal was arbitrary, mala fide, capricious or whimsical, the court will ask the Union to disclose its material, and will interfere only if the reasons are irrelevant, arbitrary, whimsical or mala fide, not merely because another view is possible.

Flow of appointment by warrant, a five-year term held during the President's pleasure and removal without reasons, followed by four limits from B. P. Singhal (not arbitrary, only compelling reasons, not for policy disagreement, not because the Centre's government changed) and the rule of limited judicial review
Figure 2. Appointment, tenure and removal of a Governor. Reference: Articles 155 and 156 and B. P. Singhal (2010).

Reform Proposals on Security of Tenure

The Sarkaria Commission recommended that a Governor's five-year tenure should not be disturbed except rarely and for some extremely compelling reason. It declined, however, to recommend an impeachment-like procedure, because the grounds for removing a Governor, whose role has heavy political content, are not susceptible of proof by judicial standards.

The Punchhi Commission went further in 2010. It recommended a fixed tenure of five years, replacing the phrase 'during the pleasure of the President' in Article 156 with a fair procedure, and providing for impeachment of the Governor on the lines of Article 61, confined to the discharge of the office's functions or violations of constitutional values.

Governor and the State Council of Ministers

Aid and Advice Under Article 163 and the Chief Minister's Duties

Article 163(1) requires the Governor to act on the aid and advice of the Council of Ministers except where the Constitution requires discretion. Under Article 163(2), if a question arises whether a matter falls within that discretion, the Governor's decision is final, and under Article 163(3) no court may inquire into the advice tendered.

Under Article 164(1), the Governor appoints the Chief Minister, and the other Ministers on the Chief Minister's advice. Article 167 obliges the Chief Minister to communicate the Council's decisions and legislative proposals, to furnish information the Governor calls for, and to refer a single Minister's decision to the Council if the Governor so requires, the counterpart of the Prime Minister's duties explained in the article on the Prime Minister.

Discretion: Express, Implied and Its Limits

The Constitution names some express discretions. As the Sarkaria Commission noted, the Governors of Arunachal Pradesh, Assam, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura have specific functions in their discretion under Articles 371A, 371F and 371H and paragraph 9 of the Sixth Schedule, and the Governors of Arunachal Pradesh and Nagaland exercise individual judgement on law and order after consulting their Councils.

Discretion may also arise by implication, for example when the advice of the Council of Ministers is not available. In Nabam Rebia (2016), the Supreme Court held that discretion is limited to situations where a provision expressly so provides, or where the provision could not be construed otherwise, and the Supreme Court restated this in its Tamil Nadu judgment of 2025.

The Punchhi Commission likewise warned that Article 163(2) gives an impression of a wide, undefined area of discretion, an impression it said needs to be dispelled. How these limits apply to Bills, ordinances and hung Assemblies is taken up in the companion article on the Governor's powers.

Chief Minister's Council and the Chief Secretary

Article 166(1) requires all executive action of the State Government to be expressed as taken in the name of the Governor, but the choices behind that action are the government's. The Chief Secretary, usually the senior-most IAS officer of the State's senior-most batch, is chosen with the Chief Minister's approval, on the basis of ability and the Chief Minister's confidence.

No fixed tenure attaches to the office of Chief Secretary, and the term can be extended. The Governor therefore does not personally select the State's senior-most civil servant; the formal order in the Governor's name follows the government's decision.

Special Responsibilities: Scheduled Areas, Tribal Areas and Article 371

Fifth Schedule Scheduled Areas and the Governor's Powers

Under paragraph 6 of the Fifth Schedule, Scheduled Areas are such areas as the President may by order declare, after consultation with the Governor of the State. The Ministry of Tribal Affairs lists four criteria: a preponderance of tribal population, compactness and reasonable size, a viable administrative unit such as a district, block or taluk, and economic backwardness compared with neighbouring areas.

Ten States have Scheduled Areas: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. The Scheduled Areas are only parts of these States, notified by Presidential orders issued from 1950 onwards, and the executive power of the State still extends to them under paragraph 2.

The Governor carries four duties in these areas:

  • Annual report: The Governor reports to the President on the administration of the Scheduled Areas, and the Union may give the State directions about them.
  • Tribes Advisory Council: Each such State has one of not more than twenty members, about three-fourths of them Scheduled Tribe members of the Assembly.
  • Applying laws: The Governor may direct that an Act of Parliament or of the State shall not apply, or apply with modifications, to a Scheduled Area.
  • Regulations: The Governor may make regulations for peace and good government, including restricting land transfer and regulating money-lending, after consulting the Tribes Advisory Council and with the President’s assent.
Map of India shading the ten States with Fifth Schedule Scheduled Areas (Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan) and the four Sixth Schedule States (Assam, Meghalaya, Tripura, Mizoram), with an inset of the North-East marking the ten tribal areas: North Cachar Hills, Karbi Anglong and Bodoland in Assam; Khasi, Jaintia and Garo Hills in Meghalaya; Tripura Tribal Areas; and Chakma, Mara and Lai in Mizoram
Figure 3. States with Fifth Schedule Scheduled Areas and the ten Sixth Schedule tribal areas. Basemap: Natural Earth (India official boundary); datameet State boundaries.

Sixth Schedule Tribal Areas of the North-East

Under Article 244(2) and the Sixth Schedule, the tribal areas of Assam, Meghalaya, Tripura and Mizoram are administered as autonomous districts, with district or regional councils that have wide-ranging legislative, judicial and executive powers. Paragraph 20 lists ten tribal areas:

Table 2. The tribal areas listed in paragraph 20 of the Sixth Schedule.
State Tribal areas
Assam North Cachar Hills District; Karbi Anglong District; Bodoland Territorial Areas District
Meghalaya Khasi Hills District; Jaintia Hills District; Garo Hills District
Tripura Tripura Tribal Areas District
Mizoram Chakma District; Mara District; Lai District

The Governor shapes this system. By public notification the Governor may include or exclude areas, create a new autonomous district, increase or diminish one, unite districts, alter names and define boundaries, and may divide a district inhabited by different tribes into autonomous regions.

Article 371 States, Scheduled Tribes and Union Territories

Several provisions give Governors special responsibilities. Under Article 371(2), the President may make the Governors of Maharashtra and Gujarat responsible for separate development boards for regions such as Vidarbha, Marathwada, Saurashtra and Kutch, and Article 371J does the same for the Hyderabad-Karnataka region; under Articles 371A and 371H, the Governors of Nagaland and Arunachal Pradesh are responsible for law and order.

The Governor's role in Scheduled Tribes is advisory. Under Article 342(1), the President, after consultation with the Governor, specifies the tribes that are Scheduled Tribes in relation to each State, so a community listed in one State need not be listed in another.

Commissions on the Governor's Office

From the Administrative Reforms Commission to the Punchhi Commission

Four reviews have shaped the debate. The Administrative Reforms Commission recommended in 1969 that the Inter-State Council should frame guidelines on the Governor's discretion, to be issued in the President's name, but the Government preferred to leave the matter to conventions.

The Sarkaria Commission, set up in June 1983, laid down the selection criteria and the rule against disturbing tenure. The NCRWC's paper of 2001 endorsed its chapter on Governors, and the Punchhi Commission, constituted in 2007 under Justice Madan Mohan Punchhi, reported in March 2010 with its proposals on tenure, impeachment and discretion.

Timeline: 1950 the Constitution adopts a nominated Governor; 1969 Administrative Reforms Commission seeks guidelines on discretion; 1983 Sarkaria Commission set up and lays down criteria; 2001 NCRWC paper proposes consulting the Chief Minister; 2007 Punchhi Commission constituted, reporting in 2010; 2010 B. P. Singhal limits removal at pleasure
Figure 4. Reviews of the Governor's office, 1950 to 2010. Reference: the reports of the commissions and the Supreme Court.

Assessment of the Governor's Office

Distinguishing Features, Observable Outcomes and Current Debates

Three features distinguish the Governor from the President:

  • Appointed, not elected: The Governor is the Union’s appointee in a State with its own elected government.
  • Tenure at pleasure: The term of five years is subject to removal by the President, limited only by the 2010 judgment.
  • Written discretion: The Constitution expressly contemplates some discretion, and Article 163(2) makes the Governor’s view of it final.

Three observable outcomes follow:

  • Recurring removal disputes: B. P. Singhal arose from the removal of four Governors on a single day in 2004.
  • Friction over Bills and appointments: The 2025 Tamil Nadu case turned on a Governor’s handling of State Bills.
  • Reform left undone: The criteria of Sarkaria and the tenure proposals of Punchhi remain recommendations.

The current debate concerns whether the office can remain the Union's appointee while acting as an impartial constitutional head. The commissions' answer is a nominated Governor chosen by clear criteria, secure in tenure and confined to a narrow, defined discretion.

UPSC Relevance and Previous-Year Questions on the Governor

Where the Governor Fits in the UPSC-CSE Syllabus

This topic belongs to General Studies Paper II, under the Executive of the States and Centre-State relations. The linked questions from the preliminary examination test precise textual points:

  • Commissions: Which body laid down the criteria for choosing Governors.
  • Immunities: Article 361 for the Governor and Article 194(2) for legislators.
  • Tenure: What Article 156’s five-year term does and does not imply.
  • Scheduled Areas: The State’s executive power continues, and the Union gives directions but does not take over.
  • State administration: Who chooses the Chief Secretary, and who specifies Scheduled Tribes.

No question from the main examination has asked about the office of Governor as such; the linked main-examination question on the Governor's legislative powers is covered in the companion article on the Governor's powers, and this article supplies the constitutional foundation for it.

Previous Year UPSC-CSE Questions By the end you will be able to draft model answers for the following UPSC questions. Each question carries a collapsible framework showing how to approach it in the exam.

  1. UPSC Prelims 2019 GS-IWhich one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?
    1. a First Administrative Reforms Commission (1966)
    2. b Rajamannar Committee (1969)
    3. c Sarkaria Commission (1983)
    4. d National Commission to Review the Working of the Constitution (2000)
    How to approach this Prelims question

    Question type: Single-answer question on commission reports.

    Approach: Match the four criteria to the commission that framed them, not the ones that endorsed them.

    Trap to watch: The NCRWC agreed with Sarkaria, which makes option (d) tempting.

    Key facts to recall:

    • Sarkaria Commission: set up June 1983.
    • Four criteria from Nehru's remarks.
    • NCRWC 2001 paper endorsed them.

    Answer signal: The Sarkaria Commission framed the criteria, so option (c) is the answer.

  2. UPSC Prelims 2018 GS-IConsider the following statements:
    1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.
    2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.

    Which of the statements given above is/are correct?

    1. a 1 only
    2. b 2 only
    3. c Both 1 and 2
    4. d Neither 1 nor 2
    How to approach this Prelims question

    Question type: Two-statement question on the Governor's protections.

    Approach: Locate each statement in Article 361 and Article 158.

    Trap to watch: Statement 2 sounds like a judges' protection, but it applies to Governors too.

    Key facts to recall:

    • Article 361(2): no criminal proceedings.
    • Article 158(4): emoluments not diminished.
    • Article 361(4): civil suits after two months' notice.

    Answer signal: Both statements are correct, so option (c) is the answer.

  3. UPSC Prelims 2025 GS-IWith reference to the Indian polity, consider the following statements:
    1. The Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of his/her office.
    2. No criminal proceedings shall be instituted or continued against the Governor during his/her term of office.
    3. Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House.

    Which of the statements given above are correct?

    1. a I and II only
    2. b II and III only
    3. c I and III only
    4. d I, II and III
    How to approach this Prelims question

    Question type: Three-statement question on immunities.

    Approach: Assign statements I and II to Article 361 and statement III to Article 194(2).

    Trap to watch: Statement III concerns legislators, not the Governor, which may make it look out of place.

    Key facts to recall:

    • Article 361(1): official acts.
    • Article 361(2): criminal proceedings.
    • Article 194(2): legislators' speech and votes.

    Answer signal: All three statements are correct, so option (d) is the answer.

  4. UPSC Prelims 1995 GSArticle 156 of the Constitution of India provides that a Governor shall hold office for a term of five years from the date on which he enters upon his office. Which of the following can be deduced from this?
    1. No Governor can be removed from office till completion of his term.
    2. No Governor can continue in office beyond a period of five years.

    Select the correct answer from the codes given below:

    1. a I only
    2. b II only
    3. c Both I and II
    4. d Neither I nor II
    How to approach this Prelims question

    Question type: Two-statement deduction question on Article 156.

    Approach: Read clause (3) together with clause (1) and the proviso.

    Trap to watch: A fixed-sounding five-year term tempts both deductions.

    Key facts to recall:

    • Article 156(1): pleasure of the President.
    • Proviso: continues until successor.
    • B. P. Singhal: removal needs compelling reasons.

    Answer signal: Neither deduction follows, so option (d) is the answer.

  5. UPSC Prelims 2025 GS-IConsider the following statements: With reference to the Constitution of India, if an area in a State is declared as Scheduled Area under the Fifth Schedule
    1. the State Government loses its executive power in such areas and a local body assumes total administration.
    2. the Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor.

    Which of the statements given above is/are correct?

    1. a I only
    2. b II only
    3. c Both I and II
    4. d Neither I nor II
    How to approach this Prelims question

    Question type: Two-statement question on the Fifth Schedule.

    Approach: Read paragraphs 2 and 3 of the Fifth Schedule.

    Trap to watch: The Union's power to give directions can be mistaken for a power to take over.

    Key facts to recall:

    • Paragraph 2: State executive power extends.
    • Paragraph 3: annual report and Union directions.
    • Paragraph 5: Governor's regulations.

    Answer signal: Neither statement is correct, so option (d) is the answer.

  6. UPSC Prelims 2016 GS-IConsider the following statements:
    1. The Chief Secretary in a State is appointed by the Governor of that State.
    2. The Chief Secretary in a State has a fixed tenure.

    Which of the statements given above is/are correct?

    1. a 1 only
    2. b 2 only
    3. c Both 1 and 2
    4. d Neither 1 nor 2
    How to approach this Prelims question

    Question type: Two-statement question on State administration.

    Approach: Separate the formal order in the Governor's name from the government's choice.

    Trap to watch: Article 166 puts every order in the Governor's name, which suggests the Governor appoints.

    Key facts to recall:

    • Chief Secretary: approved by the Chief Minister.
    • No fixed tenure; can be extended.
    • Article 166(1): action in the Governor's name.

    Answer signal: Neither statement is correct, so option (d) is the answer.

  7. UPSC Prelims 2024 GS-IConsider the following statements:
    1. It is the Governor of the State who recognizes and declares any community of that State as a Scheduled Tribe.
    2. A community declared as a Scheduled Tribe in a State need not be so in another State.

    Which of the statements given above is/are correct?

    1. a 1 only
    2. b 2 only
    3. c Both 1 and 2
    4. d Neither 1 nor 2
    How to approach this Prelims question

    Question type: Two-statement question on Article 342.

    Approach: Identify who specifies and in relation to what.

    Trap to watch: The Governor is consulted, which makes statement 1 look plausible.

    Key facts to recall:

    • Article 342(1): President specifies.
    • After consultation with the Governor.
    • Lists are in relation to each State.

    Answer signal: Only statement 2 is correct, so option (b) is the answer.

Prelims MCQ practice

Each question below tests one specific concept on the topic. Click to reveal the answer and a full option-wise explanation.

Q1. With reference to the Governor of a State, consider the following statements:

  1. The Governor is appointed by the President by warrant under the President's hand and seal.
  2. A person must have completed thirty-five years of age to be appointed Governor.
  3. A member of a State legislature appointed Governor may keep the seat.

Which of the statements given above are correct?

  1. 1 and 2 only
  2. 2 and 3 only
  3. 1 and 3 only
  4. 1, 2 and 3
Show answer and explanation

Answer: 1 and 2 only

Explanation.

Correct: a (1 and 2 only). Statements 1 and 2 are correct under Articles 155 and 157. Statement 3 is incorrect: under Article 158(1) the seat is vacated when the Governor takes office.

Q2. With reference to the oath of a Governor under Article 159, consider the following statements:

  1. It is made in the presence of the Chief Justice of India.
  2. In the absence of the Chief Justice of the High Court concerned, it may be made before the senior-most available judge of that Court.
  3. A person discharging the functions of the Governor must also make it.

Which of the statements given above are correct?

  1. 1 and 2 only
  2. 2 and 3 only
  3. 1 and 3 only
  4. 1, 2 and 3
Show answer and explanation

Answer: 2 and 3 only

Explanation.

Correct: b (2 and 3 only). Statement 1 is incorrect: the oath is made before the Chief Justice of the High Court that has jurisdiction over the State. Statements 2 and 3 are correct under Article 159.

Q3. According to the Supreme Court in B. P. Singhal v. Union of India (2010), consider the following statements:

  1. The President must give a Governor an opportunity to show cause before removal.
  2. A change of government at the Centre is not by itself a ground to remove Governors.
  3. A removal can be challenged, but judicial review is limited.

Which of the statements given above are correct?

  1. 1 and 2 only
  2. 2 and 3 only
  3. 1 and 3 only
  4. 1, 2 and 3
Show answer and explanation

Answer: 2 and 3 only

Explanation.

Correct: b (2 and 3 only). Statement 1 is incorrect: the Court held that no reason need be assigned and no opportunity to show cause need be given. Statements 2 and 3 are correct.

Q4. With reference to Scheduled Areas under the Fifth Schedule, consider the following statements:

  1. Scheduled Areas are declared by the Governor by public notification.
  2. The Governor may make regulations restricting the transfer of land among members of Scheduled Tribes.
  3. A Tribes Advisory Council may have not more than twenty members.

How many of the statements given above are correct?

  1. Only one
  2. Only two
  3. All three
  4. None
Show answer and explanation

Answer: Only two

Explanation.

Correct: b (Only two). Statement 1 is incorrect: under paragraph 6 the President declares Scheduled Areas by order. Statements 2 and 3 are correct under paragraphs 5(2)(a) and 4(1).

Q5. Consider the following pairs of Sixth Schedule tribal areas and States:

  1. Karbi Anglong District : Assam
  2. Garo Hills District : Meghalaya
  3. Lai District : Tripura
  4. Chakma District : Mizoram

How many of the pairs given above are correctly matched?

  1. Only one pair
  2. Only two pairs
  3. Only three pairs
  4. All four pairs
Show answer and explanation

Answer: Only three pairs

Explanation.

Correct: c (Only three pairs). Pairs 1, 2 and 4 are correct. Pair 3 is incorrect: the Lai District is in Mizoram, while Tripura has the Tripura Tribal Areas District.

Q6. With reference to the Governor's discretion, consider the following statements:

  1. Under Article 163(2), the Governor's decision on whether a matter is within the Governor's discretion is final.
  2. The Governors of Nagaland and Arunachal Pradesh have a special responsibility for law and order.
  3. In Nabam Rebia (2016), the Supreme Court held that the Governor has a general discretion in all matters of State administration.

Which of the statements given above are correct?

  1. 1 and 2 only
  2. 2 and 3 only
  3. 1 and 3 only
  4. 1, 2 and 3
Show answer and explanation

Answer: 1 and 2 only

Explanation.

Correct: a (1 and 2 only). Statements 1 and 2 are correct under Articles 163(2), 371A and 371H. Statement 3 is incorrect: the Court limited discretion to situations expressly provided for or where the provision could not be construed otherwise.

Sources and Further Reading

Editorial Disclaimer

This article is for UPSC preparation and explains the office of the Governor. The map shows the States that contain Scheduled Areas, not the exact notified areas, and the official text of the Constitution governs any question of law.