The position of Governor originated in India during the Colonial Era. In the British Raj, Governors were appointed to preside over individual provinces. Once India got independence in 1947, the nation adopted a parliamentary democracy with a federal structure. Under the Government of India Act, of 1935 (which paved the way for the Indian Constitution), the Governor’s position was established in independent India.
In the US for instance, governors have executive authority, ensuring state laws are carried out effectively. In a Parliamentary democracy, elected representatives of the people have real power. The Governor is a titular head of State appointed by the President of India. The official residence of a Governor is called ‘Raj Bhavan’.
Governor: Symbolic Head, Limited Power
In a parliamentary democracy, the real power rests with elected representatives. The executive branch, comprising ministers accountable to the legislature, exercises governmental functions. The Governor, though a constitutional head, is primarily a ceremonial figurehead, appointed by the President. Governor acts on the ‘aid and advise’ of the Council of Ministers, except in those situations where the Constitution has entrusted the exercise of discretionary power to the Governor. Primarily, the Constitution places decision-making power in the hands of elected representatives.
Discretionary power of the Governor
As per Article 200 of the Constitution, when the Legislative Assembly of a State has passed a Bill, it goes to the Governor. The Governor has three options available:
- Gives assent to the bill
- Withholds assent
- Reserves it for the consideration of the President
Judicial analysis
Supreme Court in a 2023 case of State of Punjab Versus Principal Secretary to the Governor of Punjab made the following key observations on Article 200 and the role of Governor-
- “The ultimate decision on whether or not to accept the advice of the Governor as contained in the message belongs to the legislature alone.”
- “The Governor, as an unelected Head of the State, is entrusted with certain constitutional powers. However, this power cannot be used to thwart the normal course of lawmaking by the State Legislatures.”
- “The Governor cannot be at liberty to keep the Bill pending indefinitely without any action whatsoever.”