Powers of the Governor: Executive, Legislative, Ordinance, Assent and Discretion

Constitutional Position of the Governor: Aid and Advice Under Article 163

Governor as Formal Head and the Rule of Aid and Advice

A few powers are contested because they can decide whether an elected State government is able to govern, namely assent to Bills under Article 200, ordinances under Article 213, the choice of a Chief Minister in a hung Assembly, the floor test and the report that can lead to President's Rule under Article 356. The Supreme Court has ruled on each of these, most recently in its advisory opinion of 20 November 2025 on Articles 200 and 201. The office itself, from appointment to removal, is explained on the companion page on the Governor of a State.

Article 163(1) provides a Council of Ministers with the Chief Minister at its head to aid and advise the Governor in the exercise of the Governor's functions, except so far as the Governor is required by or under the Constitution to exercise them in discretion. In Shamsher Singh v. State of Punjab (1974), a seven-judge bench held that the Governor is the constitutional or formal head of the State and exercises all powers and functions on the aid and advice of the Council of Ministers, save in spheres where the Constitution requires discretion. The Court also said that a centrally appointed constitutional functionary who takes "public stances critical of government policy settled by the Cabinet" commits an "unconstitutional faux pas".

Later judgments have kept to this line. In A.G. Perarivalan (2022), the Supreme Court described the "Governor" as "but a shorthand expression for the State government". Dr B.R. Ambedkar put it in the Constituent Assembly as: "The Governor under the Constitution has no functions which he can discharge by himself; no functions at all."

Is the Governor Bound by Aid and Advice in All Functions?

The Governor is not bound by ministerial advice in every function, and this is the main difference from the President. Two features of Article 163 create the space:

• Written discretion: Article 163(1) itself contemplates functions exercised “in his discretion”, which the Constitution does not say of the President.
• Final word on the boundary: Under Article 163(2), if a question arises whether a matter lies within the Governor’s discretion, the Governor’s decision is final, and the validity of anything done cannot be questioned on that ground. Article 163(3) bars courts from inquiring into the advice given.

The discretion is read narrowly. The Punchhi Commission warned that Article 163(2) gives the impression of a wide, undefined discretion and said it must be narrowly construed: Article 163 does not give the Governor a general power to act against or without ministerial advice, and even within the limited area, the choice must be "dictated by reason, activated by good faith and tempered by caution". In Nabam Rebia (2016), the Supreme Court listed the areas where the Constitution allows the Governor elbow room, and held that the address to the House under Articles 175 and 176 is an executive function performed on the advice of the Council of Ministers.

Executive Powers of Governor

Appointing the Chief Minister, Ministers and the Advocate-General

The executive powers of the Governor begin with forming the government. Under Article 164(1), the Governor appoints the Chief Minister and, on the Chief Minister's advice, the other Ministers, who hold office during the Governor's pleasure. In practice that pleasure is tied to the confidence of the Assembly: Dr Ambedkar told the Constituent Assembly that the Council of Ministers holds office only so long as it has the confidence of the majority.

Other executive functions follow from the same Articles:

• Advocate-General: Under Article 165, the Governor appoints a person qualified to be a High Court judge as Advocate-General for the State, who holds office during the Governor’s pleasure and receives the remuneration the Governor fixes. The President has no role here.
• Name on every order: Under Article 166(1), all executive action of the State government is expressed to be taken in the Governor’s name.
• Business rules: Under Article 166(3), the Governor makes rules for the more convenient transaction of the government’s business and its allocation among Ministers, except business in which the Governor acts in discretion. These rules too are made on ministerial advice.
• Right to information: Under Article 167, the Chief Minister must communicate the Council’s decisions and proposals for legislation to the Governor, furnish information the Governor calls for, and, if the Governor requires, place before the Council a matter decided by a single Minister.

The Chief Secretary is not the Governor's personal choice, even though the appointment order issues in the Governor's name. The Chief Secretary is usually the senior-most IAS officer of the senior-most batch in the State, chosen with the Chief Minister's approval, and the post has no fixed tenure.

Appointments to Commissions, Panchayat Bodies and the Subordinate Judiciary

The Governor makes several appointments that keep State institutions running, all on ministerial advice:

• State Public Service Commission: The Governor appoints the Chairman and members under Article 316, but only the President can remove them.
• State Election Commissioner: Under Article 243K, the Governor appoints the State Election Commissioner, who conducts Panchayat elections and can be removed only like a High Court judge.
• State Finance Commission: Under Article 243I, the Governor constitutes a Finance Commission every five years to review Panchayat finances and make recommendations to the Governor on the sharing of taxes, duties, tolls and fees.
• District judges: Under Article 233, the Governor appoints, posts and promotes district judges in consultation with the High Court; a person from outside government service must have been an advocate or pleader for at least seven years and be recommended by the High Court.

The Governor does not appoint High Court judges. Under Article 217, they are appointed by the President, after consultation with the Chief Justice of India, the Governor of the State and the Chief Justice of the High Court. Nor do High Courts have an advisory jurisdiction; only the Supreme Court can give an advisory opinion, on a reference by the President under Article 143.

Legislative Powers of Governor

Summoning, Prorogation and Dissolution of the Assembly

The Governor is a part of the State legislature under Article 168, and Article 174 gives the Governor power to summon the House or Houses, prorogue them and dissolve the Legislative Assembly. Six months must not pass between the last sitting of one session and the first sitting of the next.

These powers are ordinarily exercised on advice. In Subhash Desai (2023), the Supreme Court held that the power to summon the House under Article 174 must be exercised on the aid and advice of the Council of Ministers. The Sarkaria Commission recommended that, so long as the Council has the confidence of the Assembly, its advice on summoning, proroguing and dissolving should be treated as binding unless patently unconstitutional, and it identified the exceptions:

• Evasion of the six-month rule: If the Chief Minister deliberately fails to advise summoning within six months of the last sitting, the Governor can summon the Assembly.
• Floor test: If a Chief Minister whose majority is in doubt will not summon the Assembly within the time allowed, the Governor may summon it for a floor test.
• Pending no-confidence motion: If a genuine no-confidence motion is pending, the Governor should not accept advice to prorogue straightaway, but should ask the Chief Minister to face the motion.

Dissolution can also follow an election that produces no government. The Supreme Court in B.R. Kapur (2001) and Rameshwar Prasad (2006) accepted that a Governor may dissolve an Assembly under Article 174(2)(b) even before its first meeting, when no party can form a government.

Governor's Address and Messages: Articles 175 and 176

Article 175 lets the Governor address the House or Houses and send messages on a pending Bill or any other matter, which the House must consider. Article 176 makes one address compulsory. At the commencement of the first session after each general election and of the first session of each year, the Governor shall address the legislature and inform it of the causes of its summons. Time is set aside for discussing the address, the Motion of Thanks.

The address states the government's policy, not the Governor's views. The Governors' address under the Government of India Act, 1935 was given "in his discretion", but under the Constitution it is prepared by the Council of Ministers, and in Nabam Rebia (2016) the Supreme Court held that it is an executive function performed on ministerial advice.

Nominations, Disqualification and Other Legislative Functions

The Governor has several smaller legislative functions, each tied to an Article:

• Nominations to the Council: In States with a Legislative Council, the Governor nominates the remaining members, about one-sixth of the Council, from persons with special knowledge or practical experience of literature, science, art, the co-operative movement and social service (Article 171(5)). The Sarkaria Commission said the Governor has no discretion here.
• Anglo-Indian nomination ended: The earlier power to nominate an Anglo-Indian member to the Assembly lapsed on the expiry of seventy years from the commencement of the Constitution, under Article 334(b) as amended in 2019.
• Disqualification of members: Under Article 192, questions about the disqualification of a legislator under Article 191(1) are decided by the Governor, who must obtain and act on the opinion of the Election Commission. Disqualification for defection under the Tenth Schedule is decided by the Speaker or the Chairman instead.
• Presiding member: When both the Speaker and the Deputy Speaker posts are vacant, the Governor appoints a member to perform the Speaker’s duties (Article 180(1)).

The Council chooses its own Chairman and Deputy Chairman under Article 182; the Governor does not nominate them. The size of a Council is also capped, so it may not exceed one-third of the Assembly's membership and may not have fewer than forty members (Article 171(1)).

Assent to Bills Under Articles 200 and 201

Options Before the Governor on a State Bill

When a Bill passed by the State legislature is presented, Article 200 requires the Governor to declare one of three things, namely that the Governor assents, that the Governor withholds assent, or that the Governor reserves the Bill for the consideration of the President. The first proviso lets the Governor, as soon as possible, return a Bill that is not a Money Bill with a message asking the House to reconsider it; if the House passes it again, with or without amendment, the Governor "shall not withhold assent". The second proviso makes reservation compulsory for any Bill that would so derogate from the powers of the High Court as to endanger its constitutional position.

A reserved Bill goes to the President under Article 201. The President may assent or withhold assent, or, for a non-Money Bill, direct the Governor to return it to the House, which must reconsider it within six months; if passed again, it is presented to the President once more. Reservation is the Governor's act alone: Article 201 applies only "when a Bill is reserved by a Governor", so the President cannot take up a State Bill the Governor has not reserved.

Punjab (2023) and Tamil Nadu (2025): Rulings Against Delay

Delay, not refusal, became the main dispute over Bills. In State of Punjab v. Principal Secretary to the Governor of Punjab, decided on 10 November 2023, the Supreme Court held that the Governor, as the unelected head of the State, cannot keep a Bill pending indefinitely. If the Governor withholds assent, the Governor must follow the first proviso and return the Bill to the legislature with a message; otherwise the unelected head of State could veto the work of an elected legislature merely by declaring that assent is withheld.

In State of Tamil Nadu v. Governor of Tamil Nadu, decided on 8 April 2025, a two-judge bench went further. It held that the Governor generally acts on ministerial advice under Article 200, that neither a pocket veto nor an absolute veto has any place in the Article, and it prescribed timelines:

1. One month on advice: To withhold assent or reserve a Bill on the advice of the Council of Ministers.
2. Three months against advice: To withhold assent and return a Bill, or to reserve it, against that advice.
3. One month after reconsideration: To assent to a Bill presented again after reconsideration.

Finding that the Governor had kept ten Bills pending for long periods, the Court used Article 142 to declare them deemed to have been assented to on 18 November 2023, the date they were presented again after reconsideration.

Presidential Reference Opinion of 20 November 2025: The Current Position

The President then referred fourteen questions on Articles 200 and 201 to the Supreme Court under Article 143. A five-judge Constitution Bench headed by Chief Justice B.R. Gavai gave its opinion on 20 November 2025, and on the points it answered, this is the position that governs today:

• Three options: The Governor may assent, reserve the Bill for the President, or withhold assent and return the Bill with comments; the last is not available for a Money Bill. The first proviso restricts the options and does not add a fourth.
• Discretion: The Governor chooses among these options in discretion and is not bound by the aid and advice of the Council of Ministers.
• Not justiciable, with one exception: Courts cannot review the merits of the Governor’s choice, but for prolonged, unexplained and indefinite inaction they can issue a limited mandamus directing the Governor to decide within a reasonable time, without commenting on the merits.
• No judicial timelines: In the absence of time limits in the Constitution, courts should not prescribe timelines for the Governor under Article 200 or the President under Article 201.
• No deemed assent: Article 142 cannot substitute for the Governor’s or the President’s function, and a State law cannot come into force without the Governor’s assent.
• Immunity: Article 361 gives the Governor personal immunity, but the constitutional office remains subject to the court’s jurisdiction for this limited review.

The opinion therefore departs from the Tamil Nadu judgment on three points, namely timelines, deemed assent and whether the Governor is bound by advice under Article 200. An advisory opinion under Article 143 answers the President's questions rather than deciding a dispute between parties; the Tamil Nadu judgment's declaration about the ten Bills was a decision in a case, while the opinion sets out how the Court reads Articles 200 and 201 for the future.

Ordinance-Making Power of Governor Under Article 213

Conditions and Life of an Ordinance

The ordinance-making power of the Governor lets the executive legislate when the legislature cannot. Under Article 213(1), the Governor may promulgate an ordinance at any time except when the Legislative Assembly is in session or, where there is a Legislative Council, when both Houses are in session, and only when satisfied that circumstances exist which make immediate action necessary. The power exists, as Dr Ambedkar explained when it was debated for the President, because a situation may "suddenly and immediately arise" that the existing law cannot meet while the legislature is not in session.

Three limits are built into the Article:

1. President’s instructions: The Governor needs instructions from the President if a Bill with the same provisions would have needed the President’s previous sanction for introduction, would have been reserved for the President, or would have been invalid without the President’s assent.
2. Same limits as a law: An ordinance has the same force and effect as an Act of the State legislature, and it is void so far as it makes a provision that would not be valid in such an Act (Article 213(3)).
3. Short life: It must be laid before the legislature and ceases to operate six weeks after the legislature reassembles, or earlier if a disapproving resolution is passed, and the Governor may withdraw it at any time (Article 213(2)).

Re-promulgation: D.C. Wadhwa and Krishna Kumar Singh (2017)

The power was abused in Bihar, where ordinances were repeatedly re-promulgated without ever being placed before the legislature. In D.C. Wadhwa v. State of Bihar, the Supreme Court held that such repeated re-promulgation was impermissible. The question came back in Krishna Kumar Singh v. State of Bihar, decided by a seven-judge bench on 2 January 2017, about an ordinance taking over Sanskrit schools, first issued in 1989 and re-promulgated seven times without being laid before the Assembly.

The judgment set out three rules:

• Re-promulgation is a fraud on the Constitution: Repeated re-promulgation without placing ordinances before the legislature subverts the legislature’s role as the primary law-maker.
• Satisfaction is reviewable: The Governor’s satisfaction under Article 213 is not immune from judicial review, especially after the Forty-fourth Amendment deleted clause (4). The test is whether the satisfaction rests on some relevant material, not whether the material is sufficient.
• Laying is mandatory: The majority held that laying an ordinance before the legislature under Article 213(2)(a) is mandatory. Justice Madan B. Lokur disagreed on this point and held that laying is not mandatory.

Financial and Judicial Powers of Governor

Budget, Money Bills, Grants and the Contingency Fund

The financial powers of the Governor ensure that money moves only on the government's initiative. They are exercised on ministerial advice:

• Annual financial statement: Under Article 202, the Governor causes the annual financial statement, the State budget, to be laid before the legislature every year.
• Money Bills: Under Article 207(1), a Bill or amendment on the matters listed in Article 199(1) may be introduced only on the Governor’s recommendation, and only in the Assembly.
• Demands for grants: Under Article 203(3), no demand for a grant may be made except on the Governor’s recommendation.
• Contingency Fund: The Contingency Fund of the State, set up by State law under Article 267(2) in the nature of an imprest, is placed at the Governor’s disposal so that advances can be made for unforeseen expenditure pending the legislature’s approval.
• Local body finances: The Governor constitutes the State Finance Commission every five years under Article 243I, and the same commission also reviews municipal finances under Article 243Y.

Pardoning Power of Governor Under Article 161

Under Article 161, the Governor may grant pardons, reprieves, respites or remissions of punishment, or suspend, remit or commute the sentence of any person convicted of an offence against a law relating to a matter to which the executive power of the State extends. The power is exercised on the advice of the Council of Ministers. The Supreme Court said in Maru Ram v. Union of India that under Articles 72 and 161 the President and the Governor "act and must act not on their own judgment but in accordance with the aid and advice of the ministers", and that the Governor is no higher than the President in this respect.

The point came up again in April 2026, when a Full Bench of the Madras High Court held that the Governor is bound by the advice of the Council of Ministers when exercising powers under Article 161 in matters of remission and premature release of convicts, and cannot take a different view.

The President's power under Article 72 is wider in two ways. Only the President can deal with sentences by a court martial, and the President's power covers every sentence of death. Article 72(3) keeps alive the Governor's power to suspend, remit or commute a death sentence under any law in force, so the two powers overlap there, but only the President can pardon a death sentence outright.

Discretionary Powers of Governor

Constitutional Discretion: Reservation, the Article 356 Report and Special Responsibilities

The discretionary powers of the Governor written into the Constitution are few. Reserving a Bill for the President is the clearest example, compulsory under the second proviso to Article 200. The special responsibilities of the Governors of Nagaland and Arunachal Pradesh for law and order, of Sikkim for peace and social and economic advancement, and of Assam, Meghalaya, Tripura and Mizoram under the Sixth Schedule form another group; the companion page on the Governor of a State sets them out State by State.

The report under Article 356(1) is the third. The President may proclaim President's Rule "on receipt of a report from the Governor of a State or otherwise", and the Governor sends that report without needing the Council of Ministers' advice, since the report may concern the failure of that very Council. Appointing Ministers and framing the rules of business, by contrast, are done on advice.

Situational Discretion in a Hung Assembly: Choosing the Chief Minister

In a hung Assembly, the Governor has discretion in appointing the Chief Minister. The Constitution sets no criteria; Article 164(1) only says the Governor appoints the Chief Minister. If one party has an absolute majority, its leader is invited automatically. If not, the Sarkaria Commission advised the Governor to call the party or combination with the widest support and to sound the following in turn:

1. Pre-poll alliance: An alliance of parties formed before the election.
2. Largest single party: The largest single party staking a claim with the support of others, including independents.
3. Post-poll coalition: A coalition formed after the election, with all partners joining the government.
4. Post-poll alliance: An alliance formed after the election, with some parties in government and the rest, including independents, supporting from outside.

The Punchhi Commission repeated this order in 2010 and added that a pre-poll coalition should be treated as one party. The Sarkaria Commission also said a Chief Minister without an absolute majority should seek a vote of confidence within 30 days, and that the Governor's task "is to see that a government is formed and not to try to form a government which will pursue policies which he approves".

Floor Test, Dismissal and Dissolution

The floor of the House is the test of a majority. In S.R. Bommai v. Union of India (1994), a nine-judge bench held that whether the Council of Ministers has lost the confidence of the House "is not a matter to be determined by the Governor", but an objective fact to be established on the floor of the House, except in an extraordinary situation of all-pervasive violence. The Sarkaria Commission had reached the same view. The Governor cannot dismiss a Ministry while it has a majority, is bound to dismiss it if it loses the majority and refuses to resign, and should have rival claims tested on the floor rather than outside the Assembly.

Calling a floor test is itself reviewable. In Subhash Desai v. Principal Secretary, Governor of Maharashtra, decided on 11 May 2023, the Constitution Bench held that the Governor was not justified in asking Chief Minister Uddhav Thackeray to prove his majority, because he had no reasons based on objective material; but the earlier position could not be restored because the Chief Minister had resigned instead of facing the test. The Governor was justified in inviting Eknath Shinde to form the government. The same judgment referred the correctness of Nabam Rebia, on the Speaker's powers, to a larger bench of seven judges.

Governor's Report Under Article 356 and Its Limits

Article 356 lets the President, on the Governor's report or otherwise, take over the State's government when it cannot be carried on in accordance with the Constitution. The proclamation must be approved by both Houses of Parliament within two months, lasts six months at a time once approved, and cannot normally run beyond three years; during it, the powers of the State legislature are exercisable by or under the authority of Parliament (Article 356(1)(b)), which may delegate law-making to the President under Article 357.

The power was used heavily for decades. The Sarkaria Commission counted seventy-five uses of Article 356 up to its report, only twelve up to the end of 1967, and sixty-two in the next eighteen years. It recommended that Article 356 be used "very sparingly, in extreme cases, as a measure of last resort". S.R. Bommai (1994) then changed the law:

• Judicial review: The President’s satisfaction is open to judicial review, and a proclamation can be struck down even after Parliament approves it.
• Suspended animation: Until Parliament approves the proclamation, the Assembly can only be kept in suspended animation, not dissolved, so it can be revived if the proclamation fails.
• Relevant material: The Governor’s report must rest on relevant material; loss of majority is to be tested on the floor of the House.

Rameshwar Prasad (2006) added that a Governor's recommendation to dissolve an Assembly must aim only at preserving the Constitution, not at promoting the political interests of any party.

Governor as Chancellor of State Universities

State university laws generally make the Governor, by virtue of office, the Chancellor of State universities, with powers such as appointing Vice-Chancellors. This is a statutory role, not a constitutional power. The Sarkaria Commission took the view that a Governor acting as Chancellor is not obliged always to act on ministerial advice under Article 163(1), though consulting Ministers is wise. The Punchhi Commission noted instances of Governors overruling ministerial advice as Chancellor and recommended that Governors not be burdened with such statutory positions at all.

The question is live. Among the ten Tamil Nadu Bills in the 2025 case was Bill No. 24 of 2022, amending the State's universities laws on the Vice-Chancellors of its universities.

Position of the Governor in India's Federal Polity

Governor's Powers and Union-State Relations

The Governor's powers place the office at the meeting point of the Union and the States. The NCERT textbook on federalism lists the Governor's power to reserve State Bills and to recommend dismissal of a State government among the features that give the Constitution a unitary bias, and the Sarkaria Commission recorded criticism that some Governors used President's Rule recommendations and reservation of Bills to serve the party in power at the Centre.

The Governor's position can be summarised in three statements:

• Formal head: In almost every function the Governor acts on ministerial advice, as Shamsher Singh held; Nabam Rebia (2016) applied this to the address to the legislature and the Madras High Court (2026) to pardons and remission.
• Link with the Union: Reservation of Bills and the Article 356 report let the Governor refer State matters to the Union.
• Guardian of the Constitution in a crisis: In a hung Assembly or a disputed majority, the Governor decides who is invited, subject to the floor test.

The current debate is over how to stop a Governor from delaying Bills without courts fixing deadlines. The 2025 opinion answers with a limited mandamus for prolonged inaction. The Justice Kurian Joseph Committee, set up by the Tamil Nadu government, recommended a new schedule in the Constitution to codify the rules for the Governor's discretion, and the Sarkaria and Punchhi Commissions answered with clear conventions and a narrow, defined discretion.

Sources and Further Reading

• Legislative Department: The Constitution of India (as on 1 May 2024)
• Supreme Court of India: Special Reference No. 1 of 2025 (20 November 2025), State of Tamil Nadu v. Governor of Tamil Nadu (2025), State of Punjab (2023), Subhash Desai (2023), Krishna Kumar Singh (2017)
• Supreme Court of India: S.R. Bommai v. Union of India (1994)
• Inter-State Council Secretariat: Sarkaria Commission Report
• Inter-State Council Secretariat: Punchhi Commission Report, Volume II
• NCERT: Indian Constitution at Work (Class XI), Federalism
• The Hindu, Delhi edition: January to May 2026
• Wikipedia: Chief secretary (India)
• UPSC: Civil Services Examination question papers