Article 153 of the Constitution of India

Article 153 of the Constitution of India establishes the office of the Governor in each State, defining the fundamental principle that every State shall have a Governor who serves as the constitutional head of the State. This provision forms the cornerstone of the State executive structure in India and reflects the quasi-federal character of the Indian political system. The Governor acts as the representative of the President and ensures that governance within the State functions in accordance with the Constitution.

Text and Scope of Article 153

The text of 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 Article has two distinct parts. The main clause mandates that every State in India must have a Governor, while the proviso allows for the appointment of a common Governor for two or more States. This dual flexibility allows the Union to manage administrative convenience and coordination, especially in smaller or neighbouring States.
The Governor serves as the executive head of the State, acting on behalf of the President, who is the executive head of the Union. Although the Governor’s role is largely ceremonial, it carries substantial constitutional significance as a link between the Union and State governments.

Historical Background and Constitutional Context

The concept of a Governor is rooted in the colonial administrative framework of British India. The Government of India Act, 1935, which influenced the drafting of the Indian Constitution, had established provincial Governors appointed by the British Crown. However, the Indian Constitution transformed the role into that of a constitutional head rather than an executive ruler, aligning it with the democratic and federal spirit of independent India.
The framers of the Constitution debated extensively on the Governor’s role. Dr. B. R. Ambedkar, in the Constituent Assembly, emphasised that the Governor’s powers should be largely nominal and exercised according to the aid and advice of the Council of Ministers, except in situations where the Constitution grants discretionary powers. Article 153 thus lays the foundation for the State executive system, which is elaborated further in Articles 154 to 162.

Appointment and Tenure of the Governor

While Article 153 merely establishes the office, the appointment, qualifications, and tenure of the Governor are covered in subsequent articles:

• Article 155: The Governor is appointed by the President of India.
• Article 156: The Governor holds office during the pleasure of the President and serves a term of five years, subject to earlier removal or resignation.
• Article 157: Specifies qualifications—he or she must be a citizen of India and at least thirty-five years of age.
• Article 158: Prohibits the Governor from holding any other office of profit or membership in Parliament or a State Legislature.

Thus, the office of Governor is a constitutional appointment made by the Union, ensuring both the independence of the office and its alignment with national unity.

Role and Functions of the Governor

The Governor’s powers are classified into executive, legislative, financial, and discretionary functions, derived from the Constitution.

• Executive Powers:The Governor appoints the Chief Minister and, on their advice, other Ministers. All executive actions of the State are taken in the name of the Governor. He also appoints the Advocate-General, State Public Service Commission members, and other key functionaries.
• Legislative Powers:The Governor summons, prorogues, and can dissolve the State Legislative Assembly. He addresses the first session of the legislature after elections and at the beginning of each year. He also gives assent to bills, with the power to reserve certain bills for the consideration of the President under Article 200.
• Financial Powers:The Governor causes the Annual Financial Statement (Budget) to be laid before the legislature and ensures that no money bill is introduced without his prior recommendation.
• Discretionary Powers:These powers are exercised without the advice of the Council of Ministers in specific constitutional situations, such as recommending President’s Rule under Article 356, or in cases where no party commands a clear majority after elections.

Common Governor for Multiple States

The proviso to Article 153 allows the same person to be appointed as Governor of two or more States. This provision has been invoked in several instances, especially in North-Eastern States, where administrative efficiency and coordination are crucial. For example, a single Governor has at times been appointed for Meghalaya and Assam, or Manipur and Mizoram. This arrangement underscores the flexibility and adaptability of the Indian federal framework.
However, this practice has been a subject of debate. Critics argue that a common Governor may dilute the independence of the office or reduce the attention paid to individual States. Nonetheless, the constitutional validity of such appointments has been upheld as consistent with Article 153.

Constitutional Position of the Governor

The Governor functions as the constitutional head of the State, while the real executive power rests with the Council of Ministers headed by the Chief Minister, as outlined in Article 163. The Governor’s position is analogous to that of the President at the Union level. He acts on ministerial advice in almost all matters, except where discretion is constitutionally permitted.
In this sense, the Governor serves as a link between the Centre and the State, ensuring that the governance of the State adheres to constitutional provisions. The Governor also acts as a guardian of the Constitution within the State and plays a critical role during constitutional crises, such as breakdowns of law and order or loss of majority by the State government.

Controversies and Criticism

The role of the Governor has often been controversial due to allegations of political bias and interference by the Centre. The provision under Article 153, though structurally neutral, has been used to justify appointments based on political considerations. Several commissions, including the Sarkaria Commission (1988) and the Punchhi Commission (2010), have recommended reforms to depoliticise the Governor’s office and ensure impartiality.
Some key criticisms include:

• Partisan appointments undermining the neutrality of the office.
• Frequent use of Article 356 on the Governor’s recommendation to dismiss State governments.
• Delay or refusal to grant assent to State legislation for political reasons.

Despite these concerns, the Supreme Court has repeatedly affirmed the constitutional status of the Governor as an independent and neutral authority, particularly in cases such as S. R. Bommai v. Union of India (1994) and Nabam Rebia v. Deputy Speaker (2016), which emphasised the limits of the Governor’s discretionary powers.

Significance in the Federal System

Article 153 symbolises the unitary bias within India’s federal system, ensuring the presence of a central representative in each State. This arrangement enables the Union to maintain constitutional coherence across the country while allowing States a degree of autonomy in governance. The Governor serves as both a constitutional sentinel and a federal intermediary, ensuring that State governments function within the parameters of the Constitution.