Polity
State Executive and Legislature
Governor: Powers, Discretion and Assent to Bills
Governor's powers for CGPSC: executive, legislative, Art 200 assent, Art 213 ordinance, Art 161 pardon, discretion, Fifth Schedule role and the 2025 Bills rulings.
Prerequisites
- The Governor: Appointment, Tenure and Removal — who the Governor is.
- Powers of the President — the Union parallels (Art 72, Art 111, Art 123) that every MCQ compares with.
The Hook: A Bill That Waited at Raj Bhavan
Connect
A state Assembly passes a Bill. It goes to Raj Bhavan, and then… nothing happens for months. That is not a hypothetical: in Tamil Nadu, ten Bills passed between 2020 and 2023 sat with the Governor until the Supreme Court stepped in on 8 April 2025, and the dispute ended in a Presidential reference answered in November 2025.
The same Governor who is a “nominal head” bound by ministerial advice can also reserve Bills, issue ordinances, pardon convicts, choose a Chief Minister in a hung Assembly and recommend President’s rule. Where does his real power begin and end? This page sorts every power into “on advice” and “in discretion”.
Why it matters: Art 161 vs Art 72, the Art 200 options, ordinance limits and the list of discretionary powers are fixed Prelims items. The Governor’s discretion and the 2025 rulings on Bills are prime Mains material.
The Rule: Aid and Advice, Except Discretion (Art 163)
| Clause | Content |
|---|---|
| 163(1) | A Council of Ministers with the Chief Minister at the head shall aid and advise the Governor, except where the Constitution requires him to act in his discretion |
| 163(2) | If a question arises whether a matter is within his discretion, the Governor’s decision is final; his action cannot be questioned on the ground that he ought or ought not to have acted in his discretion |
| 163(3) | Whether, and what, advice was tendered by ministers cannot be inquired into in any court |
The key difference from the President
After the 42nd (1976) and 44th (1978) Amendments, Art 74 makes the President’s advice binding (he may return it once for reconsideration). Art 163 has no such amendment and expressly preserves the Governor’s discretion. So the Governor has more constitutional discretion than the President.
But the courts have narrowed it. In Shamsher Singh v. State of Punjab (1974) a seven-judge bench held that the President and Governors act on ministerial advice except in a few well-known exceptional situations. In Nabam Rebia v. Deputy Speaker (2016) the Supreme Court held that the Governor’s discretion is limited to what the Constitution expressly or by necessary implication provides. He cannot summon or advance an Assembly session on his own against the advice of a ministry that enjoys a majority.
Executive Powers
- All executive action of the state is taken in his name (Art 166).
- Appoints the Chief Minister and, on the CM’s advice, other ministers (Art 164).
- Appoints the Advocate General (Art 165), the State Election Commissioner (Art 243K) and the Chairman and members of the State Public Service Commission (Art 316). The State PSC members are removable only by the President, not by the Governor.
- Can seek information from the Chief Minister on administration and proposed legislation (Art 167).
- Can recommend President’s rule under Art 356 by reporting that the state’s government cannot be carried on according to the Constitution.
- Acts as chancellor of state universities where state university laws provide for it. This is a statutory role, not a constitutional one.
- In a state with a minister for tribal welfare requirement (Art 164(1) proviso: Chhattisgarh, Jharkhand, Madhya Pradesh, Odisha) he appoints that minister on the CM’s advice. See Chief Minister and Council of Ministers.
Legislative Powers
- Part of the legislature (Art 168): the state legislature = Governor + House(s).
- Summons, prorogues the House(s) and dissolves the Assembly (Art 174). The gap between two sessions cannot exceed six months.
- Addresses the legislature: a special address at the first session after each general election and at the first session of each year (Art 176).
- Nominates one-sixth of a Legislative Council’s members from persons with special knowledge of literature, science, art, co-operative movement and social service (Art 171(5)).
- Decides disqualification of MLAs (other than defection) under Art 192, bound by the Election Commission’s opinion. Defection cases under the Tenth Schedule go to the Speaker, not the Governor.
- Gives, withholds or reserves assent to Bills (Art 200) and issues ordinances (Art 213).
- Causes reports of the State Finance Commission, State PSC and the CAG on state accounts to be laid before the legislature.
Financial Powers
- Causes the annual financial statement (state budget) to be laid before the legislature (Art 202).
- Money Bills can be introduced only with his prior recommendation (Art 207); no demand for grants except on his recommendation.
- Advances from the Contingency Fund of the State (Art 267) to meet unforeseen expenditure.
- Constitutes a State Finance Commission every five years to review panchayat and municipal finances (Arts 243-I and 243Y). See Local Government in Chhattisgarh.
Judicial Powers: Art 161 vs Art 72
| Point | President (Art 72) | Governor (Art 161) |
|---|---|---|
| Offences covered | Against Union laws; all court-martial sentences; all death sentences | Against laws on matters within the state’s executive power |
| Death sentence | Can pardon it fully | Cannot pardon a death sentence; can suspend, remit or commute it |
| Court-martial | Yes | No power |
| Forms | Pardon, commutation, remission, respite, reprieve | Same five, subject to the death-sentence limit |
The Governor is also consulted by the President when High Court judges are appointed (Art 217) and appoints district judges in consultation with the High Court (Art 233).
Assent to Bills (Art 200) and the President’s Role (Art 201)
When a Bill passed by the state legislature is presented to him, the Governor may:
| Option | Detail |
|---|---|
| 1. Give assent | Bill becomes an Act |
| 2. Withhold assent | Bill does not become law |
| 3. Return the Bill (if not a Money Bill) for reconsideration | If the House(s) pass it again, with or without amendments, the Governor must give assent. Return is possible only once |
| 4. Reserve the Bill for the President | Mandatory where the Bill would derogate from the powers of the High Court so as to endanger its constitutional position (second proviso). Otherwise a discretionary choice |
When a Bill is reserved, under Art 201 the President may assent or withhold assent, or (for a non-Money Bill) direct the Governor to return it to the House(s). If the House(s) re-pass it within six months, it goes back to the President, who is not bound to assent. So the state legislature cannot override a President’s refusal, and the Constitution sets no time limit for the President.
The 2025 rulings: timelines and 'deemed assent'
- State of Tamil Nadu v. Governor of Tamil Nadu (8 April 2025): a two-judge bench (Justices J.B. Pardiwala and R. Mahadevan) held the Governor’s withholding of ten Bills illegal, laid down timelines for Governors and the President to act, and used Art 142 to declare the ten Bills deemed to have received assent.
- Presidential reference under Art 143 (opinion, November 2025): a five-judge Constitution Bench answered that courts cannot impose fixed timelines on Governors (Art 200) or the President (Art 201), and that “deemed assent” is alien to the Constitution, since it would let the court take over the Governor’s function. However, prolonged, unexplained and indefinite inaction is open to limited judicial review: a court may direct the Governor to decide, without fixing a deadline or examining the merits.
For Mains: the debate is a classic clash of federalism and legislative supremacy (the state’s elected majority) with separation of powers (the court not stepping into the Governor’s role). Both sides of it are now on record.
Ordinance Power (Art 213)
| Point | Detail |
|---|---|
| When | Only when the Assembly (or both Houses, in a bicameral state) is not in session and the Governor is satisfied that immediate action is needed |
| Scope | Only on subjects on which the state legislature can make laws |
| Effect | Same force as an Act of the state legislature |
| Life | Must be laid before the legislature; ceases six weeks after it reassembles unless approved earlier (so a maximum of about six months plus six weeks) |
| Withdrawal | The Governor can withdraw it at any time |
| President’s instructions needed | The Governor cannot issue an ordinance without the President’s instructions if the same provisions in a Bill would have (1) needed the President’s previous sanction for introduction, (2) been reserved for the President, or (3) been invalid without the President’s assent |
| Advice | Issued on the advice of the Council of Ministers, not a personal discretion |
| Judicial review | Krishna Kumar Singh v. State of Bihar (2017): repeated re-promulgation without placing ordinances before the legislature is a fraud on the Constitution; ordinances are open to judicial review. Earlier, D.C. Wadhwa (1987) condemned Bihar’s mass re-promulgation |
The Governor’s Discretion
Constitutional (express) discretion
- Reserving a Bill for the President’s consideration (Art 200).
- Recommending President’s rule under Art 356.
- Acting as administrator of an adjoining Union Territory when given additional charge.
- In Sixth Schedule states (Assam, Meghalaya, Tripura, Mizoram), determining the amount payable to an autonomous district council as royalty from mineral exploration licences.
- Seeking information from the Chief Minister on administrative and legislative matters (Art 167).
Situational (implied) discretion
- Appointing the Chief Minister when no party has a clear majority, or when the CM dies in office with no obvious successor.
- Dismissing a Council of Ministers that has lost the Assembly’s confidence but refuses to resign.
- Dissolving the Assembly when the ministry has lost its majority.
Floor test, not Raj Bhavan arithmetic
S.R. Bommai v. Union of India (1994): whether a ministry has a majority must be tested on the floor of the House, not on the Governor’s personal assessment. A proclamation under Art 356 is subject to judicial review, and the Assembly should not be dissolved before Parliament approves the proclamation; until then it can only be kept in suspended animation.
Rameshwar Prasad v. Union of India (2006): the 2005 dissolution of the Bihar Assembly on the Governor’s report was held unconstitutional, because the report was based on assumptions rather than facts.
Special responsibilities
Under Art 371 and its sub-articles, the President may direct the Governors of certain states to discharge special responsibilities (for example, development boards for regions of Maharashtra and Gujarat under Art 371(2), and law and order in Nagaland under Art 371A). In these matters the Governor consults ministers but acts in his individual judgement.
Chhattisgarh: The Governor and the Fifth Schedule
Chhattisgarh has large Scheduled Areas (अनुसूचित क्षेत्र) under the Fifth Schedule, so its Governor carries duties that a Governor of, say, Haryana does not.
| Fifth Schedule power | What it means |
|---|---|
| Annual report to the President on the administration of Scheduled Areas | The Union may then give directions to the state on these areas |
| Adapting laws by public notification | He may direct that an Act of Parliament or of the state legislature shall not apply, or apply with modifications, to a Scheduled Area |
| Regulations for peace and good government | He may prohibit or restrict transfer of land by or among Scheduled Tribes, regulate allotment of land to STs and regulate moneylending to them, after consulting the Tribes Advisory Council; regulations need the President’s assent |
| Tribes Advisory Council (जनजाति सलाहकार परिषद) | Not more than 20 members, of whom as nearly as possible three-fourths are ST members of the state Assembly |
This is a strong Mains point: in states like Chhattisgarh, the Governor’s role is not only ceremonial but a constitutional safeguard for tribal autonomy, which links to PESA (1996) and the Forest Rights Act (2006). See Tribes of Chhattisgarh and Local Government in India.
Memory Tricks
Four doors for a Bill: 'A-W-R-R'
Assent · Withhold · Return (not Money Bill, once; must sign if re-passed) · Reserve (must, if the High Court’s powers are hit).
Death sentence: 'Governor can soften, only President can erase'
The Governor can suspend, remit or commute a death sentence (soften it). Only the President can pardon it (erase it). Court-martial belongs to the President alone.
Express discretion: 'R-R-A-R-I'
Reserve Bill · Report for 356 · Adjoining UT · Royalty (Sixth Schedule) · Information from the CM.
Don’t Confuse
| This | vs | That |
|---|---|---|
| Art 163 — Governor’s discretion expressly saved | vs | Art 74 — President’s advice binding (42nd and 44th Amendments) |
| Art 161 — Governor cannot pardon a death sentence | vs | Art 72 — President can |
| Art 200 — Governor’s options on a state Bill | vs | Art 201 — President’s options on a reserved state Bill |
| Art 213 — state ordinance (Governor) | vs | Art 123 — Union ordinance (President) |
| Art 192 — disqualification decided by the Governor on the EC’s opinion | vs | Tenth Schedule — defection decided by the Speaker |
| Tamil Nadu case (April 2025) — timelines + deemed assent | vs | Presidential reference (November 2025) — no fixed timelines, no deemed assent |
Common Mistakes
MCQ traps
- “The Governor can pardon a death sentence.” False. He can suspend, remit or commute it; only the President can pardon.
- “A Governor’s decision that a matter lies within his discretion can be challenged in court.” False under Art 163(2): his decision is final on that question (though Nabam Rebia limits the scope of discretion itself).
- “The Governor removes members of the State PSC.” False. He appoints them, but only the President can remove them.
- “If the Governor returns a Bill and the legislature re-passes it, he may still withhold assent.” False. He must assent then. It is the President (Art 201) who is not bound after re-passage.
- “The Governor decides defection cases.” False. The Speaker decides under the Tenth Schedule. The Governor decides other disqualifications under Art 192 on the EC’s opinion.
- “The Governor can issue an ordinance even when the Assembly is in session.” False. Art 213 applies only when it is not in session.
Practice
All questions below are original practice questions written in CGPSC style. They are not previous-year questions.
Level 1: Foundation
- The Governor’s pardoning power is in Article ______.
- A Bill that would derogate from the powers of the ______ must be reserved by the Governor for the President.
- A Governor’s ordinance ceases to operate ______ weeks after the reassembly of the legislature.
Answers
- 161.
- High Court.
- Six weeks.
Level 2: Prelims MCQs
Q1. Consider the following statements:
- The Governor can pardon a sentence of death passed by a court for an offence under a state law.
- The Governor has no power to grant pardon in cases of court-martial.
- The Governor can commute a sentence of death.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 3 only
- (d) 1, 2 and 3
Answer and explanation
(b) 2 and 3 only. Under Art 161 the Governor can suspend, remit or commute a death sentence but cannot pardon it; full pardon of a death sentence lies only with the President (Art 72). Court-martial sentences are outside the Governor’s power altogether.
Q2. Which of the following is a constitutional (express) discretion of the Governor?
- (a) Appointing a Chief Minister when the ruling party has a clear majority
- (b) Reserving a Bill for the consideration of the President
- (c) Issuing an ordinance when the Assembly is not in session
- (d) Summoning the Assembly against the advice of a majority government
Answer and explanation
(b). Reservation of Bills under Art 200 is an express discretion. When a party has a clear majority, appointing its leader is not discretionary. Ordinances are issued on ministerial advice. Nabam Rebia (2016) held that the Governor cannot summon or advance a session on his own against the advice of a ministry that enjoys a majority.
Q3. Match List I (Case) with List II (Principle):
| List I | List II |
|---|---|
| A. S.R. Bommai (1994) | 1. Repeated re-promulgation of ordinances is a fraud on the Constitution |
| B. Krishna Kumar Singh (2017) | 2. Majority must be tested on the floor of the House |
| C. Nabam Rebia (2016) | 3. Courts cannot impose fixed timelines on the Governor for assent |
| D. Presidential reference opinion (2025) | 4. Governor cannot summon the Assembly on his own against majority advice |
- (a) A-2, B-1, C-4, D-3
- (b) A-2, B-4, C-1, D-3
- (c) A-1, B-2, C-4, D-3
- (d) A-2, B-1, C-3, D-4
Answer and explanation
(a) A-2, B-1, C-4, D-3. Bommai established the floor test and judicial review of Art 356. Krishna Kumar Singh condemned re-promulgation of ordinances in Bihar. Nabam Rebia (Arunachal Pradesh) limited the Governor’s discretion over Assembly sessions. The November 2025 reference opinion rejected court-imposed timelines and deemed assent.
Q4. A Bill passed by a State Legislative Assembly is returned by the Governor for reconsideration and is passed again without any amendment. The Governor then:
- (a) may reserve it for the President
- (b) may withhold assent once more
- (c) shall not withhold assent
- (d) must refer it to the High Court
Answer and explanation
(c) shall not withhold assent. The first proviso to Art 200 says that if the Bill is passed again, with or without amendment, the Governor shall not withhold assent. The statement-based trap is to confuse this with Art 201, where the President is not bound even after re-passage.
Q5. Under the Fifth Schedule, the Tribes Advisory Council of a state like Chhattisgarh consists of:
- (a) not more than 20 members, about three-fourths of whom are ST members of the state Assembly
- (b) not more than 30 members, all nominated by the Governor
- (c) not more than 20 members, about half of whom are ST members of Parliament
- (d) not more than 15 members, all Scheduled Tribe MLAs
Answer and explanation
(a). Para 4 of the Fifth Schedule caps the Tribes Advisory Council at 20 members, of whom as nearly as possible three-fourths are Scheduled Tribe members of the state Legislative Assembly. The Governor must consult it before making regulations on tribal land transfer and moneylending.
Level 3: Mains Answer Writing
Q1. (150–200 words) “The Governor is a constitutional head, yet the Constitution gives him discretion.” Discuss the scope and limits of the Governor’s discretionary powers.
Model answer outline
- Intro: Art 163(1) binds the Governor to ministerial advice except where the Constitution requires discretion; Art 163(2) makes his view on that question final.
- Express discretion: reserving Bills (Art 200), report under Art 356, adjoining UT administration, Sixth Schedule royalty, information from the CM (Art 167).
- Situational discretion: choosing a CM in a hung House, dismissing a ministry that has lost confidence, dissolving the Assembly.
- Judicial limits: Shamsher Singh (1974) on the general rule of advice; Bommai (1994) on the floor test and review of Art 356; Rameshwar Prasad (2006); Nabam Rebia (2016) on sessions; the 2025 rulings on Bills.
- Chhattisgarh angle: Fifth Schedule duties make the Governor a guardian of tribal interests in Bastar and Surguja, an area of constructive discretion.
- Conclusion: Discretion is a safety valve for constitutional breakdown, not a parallel government. Courts and commissions (Sarkaria, Punchhi) have steadily narrowed it.
Q2. (150–200 words) Examine the controversy over delays by Governors in granting assent to state Bills in the light of the 2025 Supreme Court rulings.
Model answer outline
- Intro: Art 200 gives the Governor four options but no time limit; prolonged pendency has become a federal flashpoint.
- April 2025 (Tamil Nadu case): withholding of ten Bills held illegal; timelines fixed; deemed assent under Art 142.
- November 2025 (Presidential reference, Art 143): no court-imposed timelines; deemed assent alien to the Constitution; but indefinite, unexplained inaction can be reviewed and the Governor directed to decide.
- Analysis: federalism and the will of the elected legislature versus separation of powers and the text of Art 200; risk of a “pocket veto” versus risk of judicial overreach.
- Way forward: convention or constitutional amendment fixing a reasonable period (Punchhi suggested six months); reasons to be recorded; Inter-State Council dialogue.
- Conclusion: The Governor should act as a constitutional conscience-keeper, not a veto point. Clarity by Parliament would end the uncertainty.
Quick Revision Table
| Fact | Detail |
|---|---|
| Art 163 | Aid and advice except discretion; Governor’s decision on discretion is final |
| Art 166 / 167 | Business in Governor’s name / CM’s duty to inform the Governor |
| Art 174 | Summon, prorogue, dissolve; max six-month gap between sessions |
| Art 176 | Special address: first session after election and first session each year |
| Art 192 | Disqualification of MLAs: Governor, bound by EC opinion |
| Art 200 | Assent / withhold / return (once, not Money Bill) / reserve (mandatory if High Court powers hit) |
| Art 201 | President on reserved Bill; not bound after re-passage |
| Art 202 / 207 | Budget laid / Money Bill on Governor’s recommendation |
| Art 213 | Ordinance; ceases six weeks after reassembly |
| Art 161 | Pardon for state-law offences; no pardon of death sentence; no court-martial |
| Art 267 | Contingency Fund of the State |
| Fifth Schedule | Report to President; adapt laws; regulations on tribal land and moneylending; TAC max 20 (3/4 ST MLAs) |
| Key cases | Shamsher Singh 1974; Bommai 1994; Rameshwar Prasad 2006; Nabam Rebia 2016; Krishna Kumar Singh 2017; TN Governor April 2025; Presidential reference November 2025 |
Key Takeaways
Key Takeaways
- The Governor normally acts on ministerial advice (Art 163), but unlike the President he has express discretion.
- Express discretion: reserving Bills, Art 356 report, adjoining UT, Sixth Schedule royalty, information from the CM.
- Art 161 is narrower than Art 72: no pardon of a death sentence, no court-martial.
- On Bills: a re-passed Bill binds the Governor but not the President; the 2025 reference opinion rejected fixed timelines and deemed assent.
- In Fifth Schedule states like Chhattisgarh, the Governor is a constitutional guardian of Scheduled Area administration.
What’s Next
- Chief Minister, Council of Ministers and Advocate General — the real executive
- Powers of the President — the Union-level comparison
- Centre–State Relations — Art 356 and federal friction in depth
- Tribes of Chhattisgarh — the people the Fifth Schedule protects
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