PrepYodhaClass Notes · Polity
Polity · Chapter 11

The Governor

The Governor is the constitutional head of a State, the State counterpart of the President at the Union level. Part 6 of the Constitution, covering Articles 153-167, deals with the State executive, of which the Governor is the formal head. Though the Constitution vests the executive power of the State in the Governor, the real power lies with the Council of Ministers headed by the Chief Minister. These notes move from the State executive and the key Articles (153-167), through appointment, qualifications, conditions, oath and term, to the Governor's executive, legislative, judicial, financial and discretionary powers — including the ordinance power under Article 213 and the pardoning power under Article 161 — and finally compare the Governor with the President.

🎩 15 topics🎯 95+ points📝 self-test
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Topic 01

The State Executive

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The Governor sits at the top of the State executive in the same way the President sits at the top of the Union executive.

Key Point
Part 6, Articles 153-167, deals with the State executive.
Composition of the State executive (Part 6, Articles 153-167)
  • The State executive consists of:
  • The Governor (constitutional head of the State).
  • The Chief Minister.
  • The Council of Ministers.
  • The Advocate General of State.
  • The Governor is the constitutional (nominal) head, while real executive power is vested in the Council of Ministers headed by the Chief Minister.
📝 Quick self-test 2 MCQs · 2 fill-ups

Which Part of the Constitution and which Articles deal with the State executive?

  1. Part 5, Articles 52-78
  2. Part 6, Articles 153-167
  3. Part 6, Articles 214-231
  4. Part 4, Articles 36-51
B. Part 6, Articles 153-167 — Part 6, Articles 153-167, deals with the State executive.

In whom is the real executive power of the State vested?

  1. The Governor
  2. The Council of Ministers headed by the Chief Minister
  3. The Advocate General
  4. The President
B. The Council of Ministers headed by the Chief Minister — The Governor is the nominal head while real executive power is vested in the Council of Ministers headed by the Chief Minister.

The Governor is the constitutional (nominal) head, while real executive power is vested in the Council of Ministers headed by the .

✔ Chief Minister

The State executive consists of the Governor, the Chief Minister, the Council of Ministers and the of State.

✔ Advocate General
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Topic 02

Article 153 — Governors of States

This Article establishes the office of Governor for every State.

Key Point
Article 153: There shall be a Governor for each State.
Governor for each State
  • The 7th Constitutional Amendment Act of 1956 provided that the same person can be appointed as Governor for two or more States.
📝 Quick self-test 2 MCQs · 2 fill-ups

Which Article provides that there shall be a Governor for each State?

  1. Article 155
  2. Article 153
  3. Article 156
  4. Article 157
B. Article 153 — Article 153 states that there shall be a Governor for each State.

Which amendment allowed the same person to be appointed Governor for two or more States?

  1. 7th Constitutional Amendment Act of 1956
  2. 42nd Amendment
  3. 104th Amendment
  4. 44th Amendment
A. 7th Constitutional Amendment Act of 1956 — The 7th Constitutional Amendment Act of 1956 allowed the same person to be Governor of two or more States.

Article provides that there shall be a Governor for each State.

✔ 153

The Constitutional Amendment Act of 1956 provided that the same person can be appointed Governor for two or more States.

✔ 7th
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Topic 03

Article 155 — Appointment of Governor

The Governor is not elected; he is appointed from above.

Key Point
Article 155: The Governor of a State is appointed by the President.
Appointing authority
  • The President is therefore the appointing authority of the Governor.
📝 Quick self-test 2 MCQs · 2 fill-ups

By whom is the Governor of a State appointed?

  1. The Prime Minister
  2. The Chief Minister
  3. The President
  4. The Chief Justice of India
C. The President — Under Article 155, the Governor is appointed by the President.

Which Article deals with the appointment of the Governor?

  1. Article 153
  2. Article 155
  3. Article 156
  4. Article 158
B. Article 155 — Article 155 provides that the Governor is appointed by the President.

Under Article 155, the Governor of a State is appointed by the .

✔ President

The appointing authority of the Governor is dealt with under Article .

✔ 155
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Topic 04

Article 157 — Qualifications for Appointment

Only two basic qualifications are required to become a Governor.

Key Point
He must be a citizen of India.
Qualifications
  • He must have completed the age of 35 years.
QualificationRequirement
CitizenshipCitizen of India
Minimum age35 years
📝 Quick self-test 2 MCQs · 2 fill-ups

What is the minimum age required to be appointed as a Governor?

  1. 25 years
  2. 30 years
  3. 35 years
  4. 45 years
C. 35 years — Under Article 157, a Governor must have completed the age of 35 years.

Which Article lays down the qualifications for appointment as Governor?

  1. Article 155
  2. Article 156
  3. Article 157
  4. Article 158
C. Article 157 — Article 157 prescribes the qualifications for a Governor.

To be appointed Governor, a person must have completed the age of years.

✔ 35

One qualification for a Governor under Article 157 is that he must be a citizen of .

✔ India
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Topic 05

Article 158 — Conditions of Governor's Office

Certain conditions keep the office independent and free of conflicting interests.

Key Point
The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State.
Conditions of office
  • If a sitting member of Parliament or of a State Legislature is appointed Governor, he is deemed to have vacated his seat on the date he enters office as Governor.
  • The Governor shall not hold any other office of profit.
  • Emoluments, allowances and privileges are determined by the Governor's (Emoluments, Allowances and Privileges) Act, 1982.
  • At present, the salary of the Governor is Rs. 3,50,000.
📝 Quick self-test 2 MCQs · 2 fill-ups

What is the present salary of the Governor?

  1. Rs. 1,50,000
  2. Rs. 3,50,000
  3. Rs. 5,00,000
  4. Rs. 2,50,000
B. Rs. 3,50,000 — The present salary of the Governor is Rs. 3,50,000.

Which condition applies to the Governor's office under Article 158?

  1. He may hold an office of profit
  2. He shall not be a member of any House of Parliament or State Legislature
  3. He must be a member of the State Assembly
  4. He may be a sitting MP simultaneously
B. He shall not be a member of any House of Parliament or State Legislature — Under Article 158, the Governor shall not be a member of either House of Parliament or of any State Legislature.

The present salary of the Governor is Rs. .

✔ 3,50,000

The Governor's emoluments are determined by the Governor's (Emoluments, Allowances and Privileges) Act of .

✔ 1982
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Topic 06

Article 159 — Oath or Affirmation

The Governor takes an oath before entering office, administered by the State's top judge.

Key Point
The oath of office is administered by the Chief Justice of the High Court of the State.
Who administers the oath
  • In his absence, the senior-most judge of the High Court administers the oath.
📝 Quick self-test 2 MCQs · 2 fill-ups

Who administers the oath of office to the Governor?

  1. The President
  2. The Chief Justice of India
  3. The Chief Justice of the High Court of the State
  4. The Chief Minister
C. The Chief Justice of the High Court of the State — The oath of office is administered by the Chief Justice of the High Court of the State.

In the absence of the Chief Justice of the High Court, who administers the Governor's oath?

  1. The senior-most judge of the High Court
  2. The President
  3. The Speaker
  4. The Advocate General
A. The senior-most judge of the High Court — In the absence of the Chief Justice, the senior-most judge of the High Court administers the oath.

The oath of office to the Governor is administered by the of the High Court of the State.

✔ Chief Justice

In the Chief Justice's absence, the judge of the High Court administers the Governor's oath.

✔ senior-most
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Topic 07

Article 156 — Term of Office

The Governor's tenure is unusual: it depends on the President's pleasure rather than a fixed guarantee.

Key Point
Article 156: The Governor holds office during the pleasure of the President.
Tenure and removal
  • A Governor holds office for a term of 5 years from the date he enters upon his office.
  • The Governor has no guarantee of tenure and may be removed by the President at any time.
  • There is no specific procedure in the Constitution for the removal of the Governor.
  • The Governor may resign by writing under his hand addressed to the President.
AspectProvision
Holds officeDuring the pleasure of the President
Normal term5 years
RemovalBy the President at any time; no fixed procedure
ResignationIn writing, addressed to the President
📝 Quick self-test 2 MCQs · 2 fill-ups

The Governor holds office during the pleasure of whom?

  1. The Prime Minister
  2. The President
  3. The Chief Minister
  4. The State Legislature
B. The President — Under Article 156, the Governor holds office during the pleasure of the President.

What is the normal term of office of a Governor?

  1. 4 years
  2. 5 years
  3. 6 years
  4. 3 years
B. 5 years — A Governor holds office for a term of 5 years from the date he enters upon his office.

Under Article 156, the Governor holds office during the pleasure of the .

✔ President

The normal term of a Governor is years from the date he enters office.

✔ 5
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Topic 08

Executive Powers

As constitutional head, the Governor exercises the State's executive functions on advice, and holds key appointment and ceremonial roles.

Key Point
The Governor is the constitutional head of the State.
Executive powers
  • He acts on the aid and advice of the Council of Ministers.
  • He acts as the Chancellor of the universities in the State.
  • He appoints persons to the judicial service of the State in consultation with the State High Court and the State Public Service Commission.
  • The appointment, posting and promotion of District Judges are made by the Governor in consultation with the High Court.
📝 Quick self-test 2 MCQs · 2 fill-ups

The Governor acts as the Chancellor of what in the State?

  1. Public sector undertakings
  2. The universities
  3. The State Legislature
  4. The district courts
B. The universities — The Governor acts as the Chancellor of the universities in the State.

Appointment, posting and promotion of District Judges are made by the Governor in consultation with whom?

  1. The State Public Service Commission
  2. The High Court
  3. The Chief Minister
  4. The President
B. The High Court — District Judges' appointment, posting and promotion are made by the Governor in consultation with the High Court.

The Governor acts as the of the universities in the State.

✔ Chancellor

The Governor exercises executive functions on the aid and advice of the Council of .

✔ Ministers
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Topic 09

Legislative Powers

The Governor is an integral part of the State Legislature and controls its sessions and bills.

Key Point
He can summon or prorogue the State Legislature.
Legislative powers
  • He can dissolve the Legislative Assembly.
  • He gives assent to bills under Article 200.
  • Money bills can be introduced only on the recommendation of the Governor.
  • He can reserve a bill for the consideration of the President (Article 201).
  • He can promulgate ordinances during recess of the Legislature (Article 213).

### Article 200 — Assent to Bills

On a bill passed by the State Legislature, the Governor has four options:

  • He may give his assent, or
  • He may withhold his assent, or
  • He may return the bill (for reconsideration), or
  • He may reserve the bill for the consideration of the President.

The Governor cannot return a money bill. The power to reserve a bill for the President's consideration is discretionary.

### Article 201 — Bills Reserved for Consideration

When a bill is reserved by the Governor for the President, the President has three options:

  • He may give his assent, or
  • He may withhold his assent, or
  • He may return the bill.
ArticleAuthorityOptions
Article 200Governor (on a State bill)Assent / withhold / return / reserve for President (4 options)
Article 201President (on a reserved bill)Assent / withhold / return (3 options)
📝 Quick self-test 2 MCQs · 2 fill-ups

Under which Article does the Governor give assent to bills?

  1. Article 201
  2. Article 200
  3. Article 213
  4. Article 161
B. Article 200 — The Governor gives assent to bills under Article 200.

How many options does the Governor have on a bill under Article 200?

  1. Two
  2. Three
  3. Four
  4. Five
C. Four — Under Article 200 the Governor has four options: assent, withhold, return, or reserve for the President.

The Governor gives assent to bills under Article .

✔ 200

When a bill is reserved for the President under Article 201, the President has options.

✔ three
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Topic 10

Article 213 — Ordinance Power

When the Legislature is not in session, the Governor can legislate temporarily through ordinances.

Key Point
Article 213: The Governor can promulgate ordinances during the recess of the State Legislature.
Power to promulgate ordinances
  • This is the State-level counterpart of the President's ordinance power under Article 123.
📝 Quick self-test 2 MCQs · 2 fill-ups

Under which Article can the Governor promulgate ordinances?

  1. Article 123
  2. Article 213
  3. Article 200
  4. Article 161
B. Article 213 — Article 213 empowers the Governor to promulgate ordinances during the recess of the State Legislature.

The Governor's ordinance power under Article 213 is the State counterpart of the President's power under which Article?

  1. Article 72
  2. Article 123
  3. Article 111
  4. Article 200
B. Article 123 — Article 213 is the State-level counterpart of the President's ordinance power under Article 123.

The Governor can promulgate ordinances during the recess of the State Legislature under Article .

✔ 213

The Governor can promulgate ordinances only during the of the State Legislature.

✔ recess
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Topic 11

Article 161 — Judicial Powers (Pardoning Power)

The Governor has limited mercy powers over offences against State law — but crucially, not over death sentences.

Key Point
Article 161: The Governor can grant pardons, reprieves, respites or remissions of punishment, and suspend, remit or commute the sentence of any person convicted of an offence against any law relating to a matter to which the executive power of the State extends.
Power to pardon (Article 161)
  • The Governor cannot pardon a death sentence.
  • However, the Governor can suspend, remit or commute a death sentence.
  • Only the President can pardon a death sentence.
Pardoning aspectGovernor (Article 161)
Grant pardon for State offencesYes
Pardon a death sentenceNo (only the President can)
Suspend / remit / commute a death sentenceYes
📝 Quick self-test 2 MCQs · 2 fill-ups

Under which Article does the Governor exercise the pardoning power?

  1. Article 72
  2. Article 161
  3. Article 213
  4. Article 200
B. Article 161 — Article 161 gives the Governor the power to grant pardons, reprieves, respites or remissions.

Which of the following can the Governor NOT do regarding a death sentence?

  1. Suspend it
  2. Remit it
  3. Commute it
  4. Pardon it
D. Pardon it — The Governor cannot pardon a death sentence; only the President can.

The Governor's pardoning power for State offences is contained in Article .

✔ 161

Only the can pardon a death sentence, not the Governor.

✔ President
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Topic 12

Financial Powers

The Governor's financial role centres on money bills, which cannot move without his recommendation.

Key Point
Money bills can be introduced in the State Legislature only on the recommendation of the Governor.
Financial powers
  • The Governor cannot return a money bill under Article 200.
📝 Quick self-test 2 MCQs · 2 fill-ups

Money bills can be introduced in the State Legislature only on the recommendation of whom?

  1. The Speaker
  2. The Chief Minister
  3. The Governor
  4. The President
C. The Governor — Money bills can be introduced in the State Legislature only on the recommendation of the Governor.

Under Article 200, what can the Governor NOT do with a money bill?

  1. Assent to it
  2. Return it
  3. Reserve it for the President
  4. Withhold assent
B. Return it — The Governor cannot return a money bill under Article 200.

Money bills can be introduced in the State Legislature only on the recommendation of the .

✔ Governor

Under Article 200, the Governor cannot a money bill.

✔ return
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Topic 13

Discretionary Powers

Unlike the President, the Governor can act in his own discretion in certain situations.

Key Point
The Governor has discretionary powers and need not always act on ministerial advice in these cases.
Discretionary powers
  • The power to reserve a bill for the consideration of the President (Article 200) is discretionary.
  • Other discretionary situations include recommending President's Rule in the State and appointing a Chief Minister when no party has a clear majority.
📝 Quick self-test 2 MCQs · 2 fill-ups

Which power of the Governor is discretionary?

  1. Giving assent to money bills
  2. Reserving a bill for the consideration of the President
  3. Summoning the Legislature
  4. Appointing the Advocate General
B. Reserving a bill for the consideration of the President — The power to reserve a bill for the President's consideration under Article 200 is discretionary.

Which of the following is a discretionary situation for the Governor?

  1. Approving the annual budget
  2. Recommending President's Rule in the State
  3. Assenting to every ordinary bill
  4. Fixing his own salary
B. Recommending President's Rule in the State — Recommending President's Rule is a discretionary situation for the Governor.

The power to reserve a bill for the consideration of the President under Article 200 is .

✔ discretionary

The Governor may recommend Rule in the State as a discretionary power.

✔ President's
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Topic 14

Other Important Points

A few extra functions and roles frequently appear in exams.

Key Point
Governor acts as the Chancellor of universities in the State.
Miscellaneous powers and roles
  • Governor can summon or prorogue the State Legislature.
  • Governor can dissolve the Legislative Assembly.
  • Money bills can be introduced only on the recommendation of the Governor.
  • Appointment, posting and promotion of District Judges — by the Governor in consultation with the High Court.
  • Appointment to the judicial service of the State — by the Governor in consultation with the State High Court and the State Public Service Commission.
Governor's powers — at a glance
CategoryKey powers
ExecutiveConstitutional head; acts on aid and advice of Council of Ministers; Chancellor of universities; appoints to State judicial service (with High Court + State PSC); District Judges (with High Court)
LegislativeSummon / prorogue Legislature; dissolve Assembly; assent to bills (Article 200); recommend money bills; reserve bill for President (Article 201); ordinances (Article 213)
JudicialPardons, reprieves, respites, remissions; suspend/remit/commute (Article 161); cannot pardon a death sentence
FinancialMoney bills only on his recommendation; cannot return a money bill
📝 Quick self-test 2 MCQs · 2 fill-ups

Appointment to the judicial service of the State is made by the Governor in consultation with the High Court and which other body?

  1. The Union Public Service Commission
  2. The State Public Service Commission
  3. The Election Commission
  4. The Council of Ministers
B. The State Public Service Commission — Judicial service appointments are made in consultation with the State High Court and the State Public Service Commission.

Which of the following is a legislative power of the Governor?

  1. Pardoning offenders
  2. Dissolving the Legislative Assembly
  3. Acting as Chancellor of universities
  4. Auditing State accounts
B. Dissolving the Legislative Assembly — The Governor can dissolve the Legislative Assembly as a legislative power.

Appointment to the judicial service of the State is made by the Governor in consultation with the High Court and the State Commission.

✔ Public Service

The Governor can summon or the State Legislature.

✔ prorogue
🎖️
Topic 15

Governor vs President

The Governor mirrors the President at the State level, but their pardoning powers differ on one critical point.

Governor vs President — comparison
AspectGovernor (Article 161)President (Article 72)
Appointing authorityAppointed by the President (Article 155)Appointing authority of the Governor
Pardon a death sentenceCannot pardon a death sentenceCan pardon a death sentence
Suspend / remit / commute a death sentenceCan suspend, remit or commuteCan suspend, remit or commute
Ordinance powerArticle 213 (State Legislature recess)Article 123 (Parliament recess)
TermDuring the pleasure of the President; 5 yearsFixed 5 years
📝 Quick self-test 2 MCQs · 2 fill-ups

On the point of pardoning a death sentence, how do the Governor and the President differ?

  1. Both can pardon a death sentence
  2. Neither can pardon a death sentence
  3. The Governor cannot pardon a death sentence but the President can
  4. The Governor can pardon but the President cannot
C. The Governor cannot pardon a death sentence but the President can — The Governor cannot pardon a death sentence, while the President (Article 72) can.

The President's ordinance power falls under which Article, compared with the Governor's Article 213?

  1. Article 72
  2. Article 123
  3. Article 111
  4. Article 161
B. Article 123 — The President's ordinance power is under Article 123, the Governor's under Article 213.

The President's pardoning power is contained in Article , compared with the Governor's Article 161.

✔ 72

The President has a fixed 5-year term, whereas the Governor holds office during the of the President.

✔ pleasure
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Recap

Quick Revision

Key Point
Part 6, Articles 153-167 deals with the State executive: Governor, Chief Minister, Council of Ministers, Advocate General.
  • Article 153 — a Governor for each State; the 7th Amendment, 1956 allows the same person as Governor of two or more States.
  • Article 155 — Governor is appointed by the President.
  • Article 157 — qualifications: citizen of India and 35 years of age.
  • Article 158 — not a member of any House, no other office of profit; salary Rs. 3,50,000 (Act of 1982).
  • Article 159 — oath administered by the Chief Justice of the High Court (or senior-most judge).
  • Article 156 — holds office during the pleasure of the President; term 5 years; no fixed removal procedure.
  • Article 200 — assent to bills: 4 options (assent / withhold / return / reserve); cannot return a money bill.
  • Article 201 — President has 3 options on a reserved bill (assent / withhold / return).
  • Article 213ordinance power during recess of the State Legislature.
  • Article 161 — pardoning power for State offences; cannot pardon a death sentence (only the President can), but can suspend, remit or commute it.
  • Governor acts as Chancellor of State universities; appoints District Judges (with High Court) and State judicial service (with High Court + State PSC).
  • Real executive power lies with the Council of Ministers; the Governor acts on their aid and advice, but has discretionary powers in certain situations.

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