Discuss the position of the Governor in the federal polity of India. What is the nature of his power while…

Question

Discuss the position of the Governor in the federal polity of India. What is the nature of his power while giving assent to a bill passed by the State Legislature ? Is he bound by the aid and advice of his Council of Ministers in all his functions ?

Ghissu Editorial · Accepted Answer

The Governor is the State's constitutional head and the Union's link, bound by ministerial advice except in narrow express and situational discretion. Under Article 200 he may assent, return or reserve a Bill, and the November 2025 Presidential Reference opinion held that courts cannot fix deadlines for him.

**Introduction**

In November 2025, answering a Presidential Reference under Article 143, a Constitution Bench held that courts cannot fix deadlines for Governors on Bills. The Governor has become the most contested link in India's federal design.

**Position of the Governor in the Federal Polity**

1. **Dual capacity**: He is the State's constitutional head and the Union's link, reporting under Article 356.
2. **Insecure tenure**: Hargovind Pant (1979) called the office independent, yet he serves at the President's pleasure; B.P. Singhal (2010) barred removal for political disagreement.

**Nature of the Power of Assent**

SKETCH: tree | Article 200 Choices
- Bill passed by State
  - Assent
  - Return for reconsideration
  - Reserve for President

1. **Limited veto**: A re-passed Bill must get assent, and State of Punjab (2023) barred withholding without returning the Bill.
2. **Time and review**: The April 2025 Tamil Nadu ruling set deadlines, but the November 2025 opinion rejected timelines and deemed assent, allowing only a direction against prolonged inaction.

**Is He Bound by Ministerial Advice in All Functions**

1. **General rule**: Under Article 163(1) he acts on advice, as Shamsher Singh (1974) and Nabam Rebia (2016) held.
2. **Express discretion**: Reserving Bills, the Article 356 report and Sixth Schedule matters need no advice, and the 2025 opinion treated the Article 200 choice as discretionary.
3. **Situational discretion**: A hung Assembly, tested on the floor after S.R. Bommai (1994), and sanction against a minister (MP Special Police Establishment, 2004).

**Way Forward**

1. **Reform the office**: Consult the Chief Minister on appointment (Sarkaria), secure tenure (Punchhi) and frame conventions on assent time frames.

**Conclusion**

The Governor is bound by advice in nearly all matters, with a narrow, reviewable discretion. His legitimacy rests on acting as a neutral umpire of cooperative federalism, not as the Centre's agent.

Discuss the position of the Governor in the federal polity of India. What is the nature of his power while giving assent to a bill passed by the State Legislature ? Is he bound by the aid and advice of his Council of Ministers in all his functions ?

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