भारत की संघीय राज-व्यवस्था में राज्यपाल की स्थिति की विवेचना कीजिए । राज्य विधायिका द्वारा पारित विधेयक पर अनुमति देते समय उसकी शक्ति की प्रकृति कैसी है ? क्या वह अपने सभी कार्यों में अपनी मंत्रिपरिषद की सहायता व सलाह से बाध्य है ?
Read this question in English
Discuss the position of the Governor in the federal polity of India. What is the nature of his power while giving assent to a bill passed by the State Legislature ? Is he bound by the aid and advice of his Council of Ministers in all his functions ?
🧭 How to think about this question · directive: “discuss / what / is”
Decode the demand
- Three directives, three parts: 'discuss' the Governor's position in the federal polity; 'what is the nature' of the assent power under Article 200; 'is he bound' by aid and advice in all functions. Each needs its own heading and a clear answer.
- The issue in one line: a Union-appointed head of a State whose delays on bills and discretion in hung Houses have reached the Supreme Court twice in 2025.
- The trap: writing a general essay on Governors or stopping at 'he is a rubber stamp'. The examiner wants the text of Articles 163 and 200, the 2025 rulings, and a clear yes-or-no with exceptions.
- Carry authority: Articles 153–156, 163, 200, 201; Shamsher Singh, Nabam Rebia, B.P. Singhal; the Tamil Nadu case (April 2025) and the Presidential Reference (November 2025); Sarkaria and Punchhi.
Think in a structure
- Open with the dual identity: State's constitutional head yet Union nominee holding office at the President's pleasure; one line turning to the three questions.
- Position: points in dimensions, constitutional head, Union link, tenure, friction, neutrality norm; Assent: a flowchart of Article 200 options, then the two 2025 rulings and a one-line verdict on its nature; Aid and advice: the rule, express and situational discretion, limits, then a table of bound versus discretionary functions.
- End positively with reforms a Governor and the Union can act on, each tied to a commission or case, and anchor the conclusion in the oath under Article 159.
Facts checked at source (6)· open
- Article 163(2): if a question arises whether a matter falls within the Governor's discretion, his decision in his discretion is final.The Constitution of India (as on 1 May 2024) - Legislative Department, Article 163 ↗“If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final”
- Article 200: the Governor may return a bill (other than a Money Bill) for reconsideration 'as soon as possible' after it is presented.The Constitution of India (as on 1 May 2024) - Legislative Department, Article 200 ↗“Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill”
- The Sarkaria Commission recommended that a Governor should be a detached figure who has not taken too great a part in politics, particularly in the recent past.2nd Administrative Reforms Commission, 4th Report: Ethics in Governance (web.archive.org copy; the live official page did not load) ↗“Sarkaria Commission had, in fact, recommended that an aspirant for such a position should be a person who has not taken too great a part in politics generally and particularly in the recent past”
- B.P. Singhal v. Union of India (2010): the Supreme Court read an implied limitation into the pleasure doctrine governing a Governor's removal under Article 156.Supreme Court judgment citing B.P. Singhal v. Union of India, (2010) 6 SCC 331 - Indian Kanoon ↗“an implied limitation was read into the pleasure doctrine concerning the removal of the Governor of a State by the President in terms of Article 156 of the Constitution”
- Under the first proviso to Article 200, if a bill is passed again by the House and presented to the Governor, he shall not withhold assent from it.The Constitution of India (as on 1 May 2024) - Legislative Department, Article 200 ↗“the Governor shall not withhold assent therefrom”
- The second proviso to Article 200 requires the Governor to reserve for the President any bill which would derogate from the powers of the High Court.The Constitution of India (as on 1 May 2024) - Legislative Department, Article 200 ↗“shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court”
Question: UPSC's CS (Main) 2026, GS Paper II — paper ↗. Guidance: Minimalist IAS, checked 8 Nov 2026 (how we verify). ·
Model answer· 713words · Minimalist IAS
The Governor is the constitutional head of the State (Article 153) in whom its executive power vests (Article 154), yet he is appointed by the President and holds office during the President's pleasure (Articles 155–156). This dual identity, State head and Union nominee, shapes his federal position, his assent power and the limits of his discretion.
Position of the Governor in the federal polity
- Constitutional head: the State's executive acts run in his name, but real power lies with the elected Council of Ministers under Article 163.
- Ambedkar told the Constituent Assembly that the Governor has no function he can discharge by himself; he is a formal head.
- Union's link: as a Union appointee he reports to the President under Article 356 when constitutional machinery fails; S.R. Bommai (1994) made such reports open to judicial review.
- Tenure safeguard: B.P. Singhal (2010) read an implied limit into the pleasure doctrine, so a Governor cannot be removed arbitrarily or for differing with the Centre.
- Federal flashpoint: in opposition-ruled States, delayed bills, disputed university appointments and government formation strain Centre–State trust.
- Neutrality norm: the Sarkaria Commission wanted a detached figure who has not taken too great a part in politics, particularly in the recent past.
Nature of the power to assent to bills (Article 200)
- Bill presented
- Assent | Return non-Money Bill 'as soon as possible' | Reserve for President
- Re-passed bill: assent must follow
- Reserved bill: President decides under Article 201
- Three options, one duty: assent, return a non-Money Bill for reconsideration, or reserve it; the first proviso says 'as soon as possible', so indefinite silence is not a fourth option.
- Re-passed bill: once the House passes it again, with or without amendments, the Governor shall not withhold assent; the House has the last word.
- Mandatory reservation: a bill that would derogate from the High Court's powers must be reserved for the President under the second proviso.
- Tamil Nadu v. Governor (April 2025): read the power as a duty, fixed timelines for each option and treated long-pending bills as deemed assented.
- Presidential Reference (November 2025): no court-fixed timelines or deemed assent, but prolonged, unexplained inaction invites limited judicial review; the choice among options is the Governor's own.
- Nature, therefore: a constitutional check, discretionary in choice but bounded in time and purpose; neither a rubber stamp nor an absolute veto.
Is he bound by aid and advice in all his functions?
- The rule: Article 163(1) binds him except where the Constitution requires discretion; Shamsher Singh (1974) held he acts on advice as a constitutional head, like the President.
- Express discretion: Sixth Schedule tribal-area matters, Article 371A duties on law and order in Nagaland, and acting as Administrator of a Union Territory under Article 239.
- Situational discretion: choosing a Chief Minister in a hung House, dismissing a ministry that has lost confidence, reporting under Article 356, and reserving bills.
- Nabam Rebia (2016): discretion read narrowly; he cannot summon or advance a session against the advice of a ministry that enjoys confidence.
- Finality with limits: Article 163(2) makes his view of what is discretionary final, yet Rameshwar Prasad (2006) struck down a mala fide Article 356 recommendation.
| Function | Bound by advice? |
|---|---|
| Routine executive and legislative acts | Yes, Article 163(1) |
| Article 200 options | No, own discretion (2025 Reference) |
| Chief Minister in a hung House, Article 356 report | Discretion, open to judicial review |
| Sixth Schedule, Article 371A duties | Express constitutional discretion |
- Verdict: not in all functions, but discretion is the exception: narrow, purposive and reviewable for mala fides.
Way forward
- Neutral appointees: persons detached from active politics, as Sarkaria and Punchhi urged, so Raj Bhavan is not a political retirement post.
- Time-bound, reasoned decisions on bills: every return or reservation recorded with reasons within a fixed period, meeting the Reference's test of explained action.
- Dialogue before deadlock: regular Governor–Chief Minister consultation so differences are aired before a bill reaches Raj Bhavan.
- Codified conventions: an Inter-State Council code of conduct for Governors covering hung Houses, bills and Article 356 reports.
- Tenure by statute: write B.P. Singhal's standard into law so removal needs stated, reviewable reasons.
A Governor who swears under Article 159 to preserve, protect and defend the Constitution serves it best as the State's head and the Union's bridge, never a party's agent; the 2025 rulings point to exactly that cooperative federalism.
Prepared by Minimalist IAS to the answer standard of Shivam Singh (mentor, 7 years) · facts checked against official sources (how we verify) · updated 8 Nov 2026. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.
