Article 153

Article 153 of the Constitution of India establishes the office of the Governor as the constitutional head of each State. The Governor acts as the representative of the President of India at the State level, serving as a crucial link between the Union and State governments in India’s federal system. While largely a ceremonial head, the Governor plays an important constitutional and political role in ensuring that governance within the State operates in accordance with the Constitution.

Constitutional Text

Article 153 states:

“There shall be a Governor for each State:Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.”

This provision has two essential elements:

1. Every State must have a Governor, who acts as the constitutional head of the State.
2. The same individual may be appointed as Governor for two or more States, enabling administrative efficiency and coordination where necessary.

Purpose and Constitutional Context

The office of the Governor is modelled on the parliamentary system of governance, similar to the President’s role at the Union level. The framers of the Constitution envisioned the Governor as:

• A nominal executive who acts on the advice of the State’s Council of Ministers; and
• A constitutional safeguard to ensure that the State government operates within the framework of the Constitution.

The position thus serves as both a symbol of State unity and an instrument of constitutional balance between the Union and the States.

Appointment of the Governor

The Governor is appointed by the President of India under Article 155.

• The appointment is made on the advice of the Union Council of Ministers, effectively making it a central nomination.
• Although the Constitution does not prescribe a fixed term for the Governor, under Article 156, the Governor holds office during the pleasure of the President, generally for a period of five years, unless removed or transferred earlier.

This arrangement underscores the unitary bias of the Indian Constitution, where the Union retains control over the appointment and tenure of the State’s constitutional head.

Qualifications for the Office of Governor

Article 157 lays down the eligibility criteria for appointment as Governor:

• Must be a citizen of India.
• Must have completed 35 years of age.

In addition, Article 158 specifies certain conditions of office:

• The Governor cannot be a member of either House of Parliament or the State Legislature; if such a person is appointed, they are deemed to have vacated their seat.
• The Governor cannot hold any other office of profit.
• The Governor is entitled to an official residence and salary, as prescribed by Parliament.

Powers and Functions of the Governor

The Governor’s powers can be broadly categorised into executive, legislative, judicial, and discretionary powers.

1. Executive Powers

• The executive power of the State is vested in the Governor under Article 154.
• The Governor appoints the Chief Minister and, on their advice, the other Ministers of the Council of Ministers.
• The Governor also appoints the Advocate-General, Chairman and members of the State Public Service Commission, and other key officials.
• The Governor is responsible for ensuring that governance in the State is carried out in accordance with the Constitution.

2. Legislative Powers

• The Governor summons and prorogues the sessions of the State Legislature and may dissolve the Legislative Assembly.
• The Governor delivers the opening address at the beginning of each legislative session, outlining the government’s policies and programmes.
• All bills passed by the Legislature require the Governor’s assent to become law. The Governor may:
  • Give assent,
  • Withhold assent,
  • Return the bill for reconsideration (except Money Bills), or
  • Reserve it for the consideration of the President under Article 200.

3. Judicial Powers

• The Governor has the power to grant pardons, reprieves, respites, or remissions of punishment under Article 161, in cases relating to offences against State laws.

4. Discretionary Powers

The Governor can act independently of the Council of Ministers in specific circumstances, such as:

• When no political party commands a clear majority in the Legislative Assembly, in appointing a Chief Minister.
• In recommending President’s Rule in the State under Article 356 if the constitutional machinery fails.
• In reserving a bill for the President’s consideration.
• When required to report to the President on matters concerning constitutional functioning in the State.

These discretionary powers have often been the subject of political and constitutional debate.

Important Supreme Court Judgments

1. Shamsher Singh v. State of Punjab (1974):The Supreme Court held that the Governor, like the President, is a constitutional head who ordinarily acts on the aid and advice of the Council of Ministers, except in situations where discretion is explicitly granted.
2. Rameshwar Prasad v. Union of India (2006):The Court ruled that the Governor’s actions must conform to constitutional morality and that discretionary powers cannot be exercised arbitrarily, especially during political instability.
3. B. P. Singhal v. Union of India (2010):The Court observed that the Governor’s removal by the President must not be based on arbitrary or political grounds, reinforcing the need for neutrality and fairness.
4. K. S. Puttaswamy v. Union of India (2017):Though primarily a privacy case, it reiterated the principle that all constitutional functionaries, including the Governor, must act within constitutional boundaries and accountability.

These judgments collectively underscore the Governor’s role as a neutral and constitutional umpire, rather than an agent of the ruling party at the Centre.

Significance of Article 153

• Constitutional Head of the State:Ensures the presence of a constitutional authority to uphold the Constitution at the State level.
• Link between the Centre and the States:The Governor acts as the bridge between the Union Government and the State, facilitating cooperative federalism.
• Guardian of the Constitution:The Governor ensures that the State Government functions in accordance with constitutional provisions.
• Crisis Manager:In times of political deadlock or constitutional breakdown, the Governor plays a critical role in maintaining governance continuity.

Related Constitutional Articles

• Article 154: Vests executive power of the State in the Governor.
• Article 155: Provides for the appointment of the Governor by the President.
• Article 156: Specifies the Governor’s tenure and conditions of service.
• Article 157–160: Detail eligibility criteria, conditions of office, and contingencies in case of vacancy.

Together, these Articles establish the constitutional framework for the office of the Governor and its functioning.

Controversies and Criticisms

Despite its constitutional importance, the office of the Governor has often been at the centre of political controversies:

• Allegations of Bias: Governors have been accused of acting as agents of the Union Government rather than impartial constitutional heads.
• Use of Discretionary Powers: Frequent controversies have arisen over the invitation of parties to form government, recommendations for President’s Rule, and reserving of bills.
• Tenure and Removal Issues: The practice of transferring or removing Governors after a change in the Union Government has raised concerns about politicisation of the office.

Such controversies have led to several expert committee recommendations—such as the Sarkaria Commission (1988) and the Punchhi Commission (2010)—which emphasised that Governors must act impartially and in accordance with constitutional conventions.

Contemporary Relevance

In the current political context, Article 153 and the Governor’s role continue to be debated in light of Centre-State relations. Instances involving delay in assent to bills, friction with elected State governments, and use of discretionary powers have renewed discussions on reforming the institution.
The debate reflects the ongoing challenge of balancing the Governor’s dual responsibility — as both a constitutional guardian of the State and a representative of the Centre — within India’s quasi-federal structure.

Constitutional Significance

Article 153 establishes the Governor as an essential constitutional office, ensuring that every State has a constitutional head to maintain rule of law and continuity in governance. The Article embodies the federal spirit of India, recognising the autonomy of the States while maintaining the unity of the Republic.