State Executive and the Governor

Governor is constitutional head of State executive. Article 153: Governor for each State. One person can be Governor of two or more States. Executive power vested in Governor (Article 154) but exercised on aid and advice of Council of Ministers headed by CM.

• Appointed by President under Article 155

• Qualifications (Article 157): Citizen of India; at least 35 years

• Conditions (Article 158): Not a member of any legislature; not hold office of profit

• Term (Article 156): 5 years OR during the pleasure of the President — whichever is earlier

Holds office during pleasure of President (Article 156(1)). B.P. Singhal v. Union of India (2010): Power to remove Governor is not absolute — cannot be exercised arbitrarily, capriciously, or for political reasons.

Executive: Appoints CM when no clear majority (genuine discretion). Appoints other ministers on CM's advice. Seeks information from CM on administration (Article 167).

Legislative — Assent to Bills (Article 200): Four options: (i) give assent; (ii) withhold assent; (iii) return non-Money Bill for reconsideration; (iv) reserve for President's consideration. CRITICAL: If Bill is re-passed by State Legislature, Governor MUST give assent — cannot withhold a second time.

Presidential consideration (Article 201): President has WIDER discretion than Governor — not bound to assent even after Bill is re-passed by State Legislature.

Ordinance-making (Article 213): When Legislature not in session AND immediate action necessary. Ceases to operate if: (1) not approved within 6 weeks of reassembly; (2) resolution disapproving it passed; (3) Governor revokes it.

Pardoning Power (Article 161): State law offences ONLY. CANNOT pardon death sentences (President's exclusive power under Article 72).

Discretionary Powers (Article 163):

1. Appointment of CM when no clear majority

2. Dismissal of Council of Ministers that has lost majority but refuses to resign

3. Dissolution of State Assembly (limited by S.R. Bommai)

4. Reservation of Bills for President's consideration

5. Seeking information from CM (Article 167)

6. Recommending President's Rule (Article 356)

Immunity (Article 361): Complete immunity from court proceedings during tenure. No criminal proceedings whatsoever. Civil proceedings for personal acts: 2 months' notice required.

• Shamsher Singh v. State of Punjab (1974): Governor is constitutional head; acts on CoM advice except in matters of express constitutional discretion

• S.R. Bommai v. Union of India (1994): Governor's report under Art. 356 is justiciable; floor of House is sole test of majority; Assembly in suspended animation until Parliament approves

• Rameshwar Prasad v. Union of India (2006): Dissolution of Bihar Assembly by Governor struck down as mala fide

• B.P. Singhal v. Union of India (2010): Removal of Governor cannot be arbitrary or for political reasons

• Nabam Rebia v. Deputy Speaker, Arunachal Pradesh (2016): Governor cannot advance session contrary to CoM advice