🚨 UPSC EXAM NOTES presents the March edition of our comprehensive monthly guide. Access it  to enhance your preparation. We value your input - share your thoughts and recommendations in the comments section or via email at Support@upscexamnotes.com 🚨

Critical Topics and Their Significance for the UPSC CSE Examination on May 06, 2025

Daily Insights and Initiatives for UPSC Exam Notes: Comprehensive explanations and high-quality material provided regularly for students

Governor vs State

For Preliminary Examination: Current events of national and international Significance

For Mains Examination: GS II - Indian Polity & Governance

Context:

Recently, the Supreme Court, for the first time, ruled that the President should take a decision on the Bills reserved for consideration by the Governor within three months from the date on which such reference is received.

Read about:

Governor's assent to the bills

Top Court Judgements on Governor's powers

Key takeaways:

• The Indian Constitution outlines the framework for appointing a Governor. According to Article 153, each state must have a Governor. Article 155 provides that the Governor is appointed by the President through an official warrant bearing the President's signature and seal. As per Article 156, although the Governor typically serves a five-year term, they remain in office at the discretion of the President.
• This means that the President can ask the Governor to resign before the term ends. However, since the President acts based on the counsel of the Prime Minister and the Union Cabinet, it is effectively the central government that controls both the appointment and removal of a Governor.
• Articles 157 and 158 describe the eligibility criteria and terms for holding the office. The Governor must be an Indian citizen and at least 35 years old. Additionally, the individual must not be a sitting member of either Parliament or any state legislature, and cannot hold any position that offers financial gain
• The Constitution mandates that the Governor must generally act in accordance with the advice provided by the state's Council of Ministers. Article 163 clarifies this by stating that a Council of Ministers, led by the Chief Minister, shall assist and guide the Governor in carrying out his duties—except in cases where the Constitution allows the Governor to act independently at his discretion.
• Furthermore, the Governor holds constitutional authority to summon, prorogue, or dissolve the State Legislative Assembly. However, these powers are to be exercised only after consulting the Council of Ministers.
• In his role as the ceremonial head of the state, the Governor also holds several important responsibilities, such as appointing the Chief Minister, members of the Council of Ministers, the Advocate General, the State Election Commissioner, heads of state universities, and members and the Chairman of the State Public Service Commission, among others

The Governor holds certain constitutional powers, one of which includes the authority to approve or reject a Bill passed by both Houses of the State Legislature. As outlined in Article 200 of the Constitution, the Governor has multiple courses of action:

– Approve the Bill by giving assent,
– Decline to give assent,
– Send the Bill back for reconsideration (if it is not a Money Bill),
– Forward the Bill to the President for further review.

Although Article 200 includes a proviso requiring the Governor to return the Bill "as soon as poss