The Governor: Office, Powers and Immunities

A Governor signs bills, appoints ministers, and answers to no criminal court while in office. That last part is deliberate. This lesson covers who becomes Governor, what powers the office has, and what the Supreme Court said about Governors and bills in 2025.

1Chapter 1: Who Is the Governor?

Must Know

Appointment and term

• The President appoints a State’s Governor, who holds office at the President’s pleasure.
• There is no fixed term. The President can remove a Governor at any time.
• The Constitution lists no grounds for removal. Article 156 makes it discretionary.
• So a Governor’s tenure is never truly secure against the Centre.
• The Sarkaria Commission recommended the Governor be an eminent person from outside the State, detached from local politics.
• It also said removal should happen only in exceptional circumstances. But that is a recommendation, not a constitutional rule.
• UPSC asks which body suggested the “eminent outsider” idea. The answer is the Sarkaria Commission.
• Read more: The Sarkaria Commission: Centre-State Relations Recommendations and The President of India.

Eligibility and mode

• Article 157: a Governor must be a citizen of India and at least 35 years old. There is no other formal bar.
• Article 155: the President appoints the Governor by warrant under hand and seal.
• Match 157 with eligibility and 155 with appointment mode.

One Governor, two States

• The same person can be Governor of two or more States at once.
• This was made possible by the Constitution (Seventh Amendment) Act, 1956.
• UPSC tests the amendment number. It is the Seventh, not another.
• It is a practical device, often used for smaller neighbouring States.

2Chapter 2: Powers and Protections

Good to Know

Immunity and salary

• Article 361 shields a Governor from criminal proceedings during the term of office.
• The immunity ends when the Governor leaves office.
• It covers criminal proceedings only. It does not cover civil proceedings tied to personal acts.
• Courts have held it narrow. It protects official conduct during the term, not criminal conduct in general.
• The protection lets the Governor act without fear of prosecution while doing constitutional duties.
• Article 158(3): a Governor’s emoluments and allowances cannot be reduced during the term.
• This mirrors the salary safeguards of judges. It keeps the office financially independent.
• Read more: Article 361: Immunity of President and Governors.

Discretionary powers

• A Governor mostly acts on the advice of the State Council of Ministers.
• But the Constitution carves out some discretionary powers.
• Reserving a bill for the President’s consideration is one.
• Others are recommending President’s Rule under Article 356 and choosing a Chief Minister when no party has a clear majority.
• The Governor also picks a Chief Minister if a sitting one dies suddenly in office.
• Discretionary powers are limited and named. Everything else needs ministerial advice.
• Read more: State Legislature and the Governor.

Pardoning power

• Article 161: a Governor can grant pardon, reprieve or remission for offences against State law.
• The Governor cannot pardon a death sentence. Only the President can, under Article 72.
• A Governor can still suspend, remit or commute a death sentence.
• If an option says the Governor can pardon a death sentence, reject it.

3Chapter 3: Ordinances, and the Bihar Saga

Great to Know

Article 213

• A Governor can issue ordinances when the State legislature is not in session.
• This mirrors the President’s power under Article 123.
• An ordinance has the same force as a law. It must be laid before the legislature.
• It ceases to operate six weeks after the legislature reassembles unless approved.
• Governor’s ordinance power is Article 213. President’s is Article 123.

Re-promulgation struck down

• D.C. Wadhwa v. State of Bihar (1987): the Supreme Court said repeated re-promulgation of ordinances without placing them before the legislature is unconstitutional.
• Krishna Kumar Singh v. State of Bihar (2017): a seven-judge bench struck down ordinances re-issued repeatedly from 1967 to 1981. It called this “a fraud on the Constitution”.
• The saga began with Bihar’s first Sanskrit-schools ordinance of 1967. It took over 429 private schools.
• It was re-issued every year for 14 years and never placed before the legislature.
• Endless re-promulgation bypasses the legislature’s role.
• The Court held an ordinance cannot create permanent rights that outlive it. It needs legislative approval to become lasting law.

4Chapter 4: Past Papers

Exam Point of View

CAPF 2020: when does the Governor act in discretion?

• The statements: (1) when not convinced by the Council of Ministers’ advice, (2) when the Constitution requires it, (3) when appointed administrator of an adjoining Union Territory.
• Statements 2 and 3 are right.
• Merely disagreeing with the Council of Ministers is not a discretionary ground.
• (Source: CAPF AC 2020, Q56.)

CAPF 2018: which commission did not examine Governor removal?

• The options were Sarkaria, Thakkar, Venkatachaliah and Punchhi.
• The Sarkaria, Venkatachaliah and Punchhi commissions all examined the Governor’s removal or role.
• The Thakkar Commission is the odd one out.
• (Source: CAPF AC 2018, Q94.)

Elimination test

• Match each power to its correct holder before choosing.
• The trap usually hides in who is bound by the rule, not in the surface wording.

5Chapter 5: Supreme Court Rulings, 2025

Current Affairs

Tamil Nadu v. Governor, 8 April 2025

• The Supreme Court held that Tamil Nadu Governor R.N. Ravi’s withholding of 10 bills was illegal.
• Some of those bills had been pending since January 2020.
• The Court set explicit deadlines for the Governor to act on the bills.
• This was the high point of courts setting Governor timelines.

No court-imposed timelines, 20 November 2025

• A five-judge Constitution Bench led by CJI B.R. Gavai ruled on President Murmu’s reference challenging the April ruling.
• It held that it will not impose rigid, court-ordered timelines on Governors for acting on bills.
• So the earlier direction was revisited.
• Expect UPSC to test this pair: the April 2025 timeline ruling and the November 2025 no-timelines ruling.
• Read more: Centre-State Relations and the Federal Structure.

Quick Q&A

• Appointing Article? 155.
• Minimum age? 35.
• Pardon power? Article 161, not death sentence.
• Ordinance Article? 213.
• Timelines ruling? 20 Nov 2025: none imposed.