INTRODUCTION
India has a Quasi-Federal Form of Government, i.e., a federal system with strong central features. This allows for the Distribution of Powers in such a way that the Centre remains dominant. To ensure such a system functions smoothly without any controversy, the Constitution of India, under Articles 153-167, establishes the Office of the Governor for each State. [1], whereby he/she is authorised to act as the Constitutional Head of the State & also to act as a facilitator in the relations between the Central & State Governments.
The Recent Controversy regarding the Actions of Tamil Nadu Governor R.N. Ravi in delaying Assent to the Bills, as well as dismissing a Cabinet Minister on his own, led to these actions becoming the subject of intense Constitutional Debates(as seen in the Recent SC Judgement related to it).[2]
This Blog will aim at covering the Historical Genesis & Progression, Constitutional Provisions, Legal Developments, Landmark Judgements & Challenges related to the Role of Governor in Centre-State Relations & its Impacts on State Autonomy & also what its Future could hold.
HISTORICAL BACKGROUND
The Governor’s Office has a very old history, starting from its establishment through the Government of India Act, 1858.
The Government of India Act, 1935, was one of the most important acts that helped in the Constitutional Development of India.[3] It gave Provinces some kind of Political Autonomy, but still it retained the Discretionary Powers of the Governor, including vetoing Bills and withholding assent, signalling a transition towards autonomy while maintaining significant Governor authority.[4] It conferred wide discretionary powers on the Governor, especially regarding assent to Bills & it was only in 1947 through The Indian Independence Act, 1947 that this power was reduced, and the Governor’s Office became much more of a symbolic & ceremonial nature.[5]
In the Constituent Assembly, various members voiced their strong opinions related to the Office of the Governor. “It seems as if to say that the Governor is the same Governor, a representative of the British monarch, and as such, the Chief Minister is subject to him and must carry out his orders,” said Rohini Kumar Chaudhuri, the Congress leader from Assam, speaking in the Constituent Assembly Debates way back on July 2, 1949.[6] The final word on the debate was of Dr B.R. Ambedkar, the chairman of the Constitution Drafting Committee, who stated that the Governor had no function to be performed on his own & that he had to act as per the advice of the Council of Ministers.[7]
After Independence, numerous instances took place that led to intense debates regarding the conduct of the Governors in the Executive Functions of various States. State Governments were dismissed in Andhra Pradesh (1954) and Kerala (1959), where the State Governments were formed by Non-Congress Parties. After these, even more dismissals took place in the era of Indira Gandhi’s Government (1960s-70s). The dismissals took place as a result of the Recommendations made by the Governors of these States to the Central Cabinet, which then forwarded it to the President of India, who then imposed President’s Rule in these States. [8]All these led to the Opposition Parties levelling allegations that the Governor’s Office was becoming increasingly partisan & a political tool in the hands of the Ruling Government at the Centre to exercise political manoeuvring of the Opposition Parties ruling these States. After the 1980s, the Rise of Coalition Politics meant that the importance and influence of regional and state-level political parties rose & this led to the Governor’s Role becoming increasingly Non-Partisan. But, the situation again changed after the Re-emergence of the majority government at the Centre when the BJP came into power in 2014. This led to the Governor’s Office & particularly his role again becoming controversial with various opposition-ruled States arguing that the Governor appointed by the State acts not as the Constitutional Head but rather as a member of the Ruling Party.
CONSTITUTIONAL POWERS & FUNCTIONS OF THE GOVERNOR
- Executive Powers
The Governor enjoys significant executive powers under the Indian Constitution.[9] Such powers include appointing the Chief Minister & others Ministers of his Cabinet, making rules for Convenient Business Transactions of the State Government, seeking the CM or any of the Ministers to furnish before the Governor all the reports of Proposed Legislation, Policies, etc., mandatorily.[10]& most importantly, recommending President’s rule under Article 356[11](also termed as a Discretionary Power), who then authorises the Governor to enjoy significant executive powers as his/her Agent[12].
- Legislative Powers
The various legislative powers exercised by the Governor include Summoning & Dissolving State Legislatures, deciding on the Disqualification of any member. [13]of the State Legislatures after consultation with the ECI, giving or delaying Assents to Bills passed as remarked by Justice Narasimha, “Governors cannot delay the wisdom of the legislature endlessly,” adding, “No organ can impair the functioning of the Constitution.”[14] while also promulgating Ordinances when the Legislature is not in Session.
LEGAL ADVANCES: CASE LAWS & COMMISSION
- Case Laws
- R. Bommai v. Union of India (1994): It was a landmark judgement of the SC which restricted the arbitrary use of Article 356 to dismiss the State Governments. This judgement stated that the President’s Power to dismiss a State Government is not absolute, but rather it is limited (thereby clarifying its scope). Furthermore, the case & its subsequent judgment firmly affirmed the Principles of Federalism in India.[15]
- The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr. (2025): It recently reignited the Controversy regarding the Acts of Governors in their official capacity. It stated that the Governors (in States) & the President (at the Central Level) cannot withhold assent to bills for unspecified timelines, as was done by the TN Governor in this case.[16]
- Commission
The Sarkaria Commission (1983): This commission, appointed under the Chairmanship of Justice R.S. Sarkaria (former Judge of SC), gave its report in 1988 & recommended, among various things, the need to improve Centre–State Relations & ensure a Fair Distribution of Powers among various levels of Govts. & also advocated for the use of Article 356 only as a last resort.
IMPACT ON STATE AUTONOMY
The Governor, being such an important functionary in the State Machinery, has an overwhelming impact on the State Autonomy through his Acts. If the Governor acts in accordance with constitutional provisions, state autonomy is protected, as when Surjit Singh Barnala, while being Governor of Tamil Nadu in 1990-91, refused to send a report to the Central Government recommending President’s Rule[17]; otherwise, it may be compromised like in the case of R.N. Ravi. Otherwise, if the Governor acts as a political tool in the hands of the Central Government, then the State Autonomy gets compromised & it also undermines the powers of the elected State Governments.
CONCLUSION
The Governor is a highly significant & influential functionary that exists as a linkage in Centre – State Relations. While being envisioned by the Constitution as a largely ceremonial Head of State, various political compulsions have led to increased usage of the Discretionary Powers by the Governors, which has caused numerous controversies & conflicts between various levels of Government.
Various reforms are needed in this Office, such as Fixed Tenures, need for Political Neutrality, Transparency, etc., which, while strengthening the Office of the Governor, will also lead to its Proper Accountability, thus keeping the Indian Federalism intact as well as ensuring & protecting State Autonomy at the same time.[18]
Author(s) Name: Mohammad Yasir Bhat (University of Kashmir)
References:
[1] The Constitution of India 1950, art 153- 167
[2] Advay Vora, ‘Pendency of bills before Tamil Nadu Governor | Judgement Summary’ (Supreme Court Observer, 17 April 2025) <https://share.google/81GcihF5s5c90TEaU> accessed 24 Jan 2026
[3] Government of India Act 1935
[4] ‘Governor vs State : History & Evolution of the Office of Governor’ (CivilsDaily, 17 April 2025) < https://www.civilsdaily.com/news/history-and-evolution-of-the-office-of-governor/ >accessed 09 December 2025
[5] Vajiram Editor, ‘Government of India Act 1935, Provisions, Significance’ (Vajiram & Ravi, 02 January 2026) <https://vajiramandravi.com/upsc-exam/government-of-india-act-1935/> accessed 24 January 2026
[6] Constituent Assembly Debates, vol. IX, (03 August 1949) 3-5,7
[7] Ibid
[8] The Constitution of India 1950, art 356
[9] The Constitution of India 1950, art 154
[10] The Constitution of India 1950, art 163
[11] The Constitution of India 1950, art 356
[12] M.P. Jain, Indian Constitutional Law (9th edn, LexisNexis 2025)
[13] The Constitution of India 1950, art 191-192
[14] Vartha Bharati, ‘Supreme Court observes Governors cannot delay assent to bills indefinitely’ (Vartha Bharati, 03 September 2025) <https://english.varthabharati.in/india/supreme-court-observes-governors-cannot-delay-assent-to-bills-indefinitely#:~:text=Supreme%20Court%20observes%20Governors%20cannot,Governor%20of%20Tamil%20Nadu%20case> accessed 24 January 2026
[15] S.R. Bommai v Union of India (1994) 3 SCC 1
[16] The State of Tamil Nadu v The State of Tamil Nadu & Anr. (2025) INSC 481
[17] Kaleeswaram Raj, ‘Use and abuse of Governors’ powers’ (Frontline, 05 May 2022) <https://frontline.thehindu.com/cover-story/use-and-abuse-of-governors-powers/article38484606.ece> accessed 24 January 2026
[18] Commission on Centre-State Relations, Report of the Commission on Centre-State Relations (Chairman: Justice Madan Mohan Punchhi, Government of India 2010).
