The Governor: appointment, powers and position
The Governor is the nominal head of a state, appointed by the President for five years. Most powers follow the ministers' advice; discretionary powers need no advice.
Who the Governor is
India has a parliamentary system at the state level too. The Constitution gives the executive power of a state to the Governor. But the Governor is only the nominal head, the head in name. The real power lies with the council of ministers led by the Chief Minister. The Governor's official home in the state capital was long called the Raj Bhavan, the name your NIOS lesson uses. After a Union government order of November 2025, states have been renaming it Lok Bhavan. Each state has a Governor, but one person can be Governor of two or more states at the same time.
Appointment and term
- Appointed by the President of India. In practice the President acts on the advice of the Prime Minister.
- Must be a citizen of India, at least 35 years old, and must not hold any office of profit (a paid post under a government).
- A member of Parliament, of a state legislature, or of a council of ministers who becomes Governor must give up that seat or post.
- Term of five years, but the Governor holds office during the pleasure of the President. This means the President can remove the Governor earlier. The Governor may also resign.
Powers of the Governor
| Power | What the Governor does |
|---|---|
| Executive | Appoints the Chief Minister and, on the Chief Minister's advice, the other ministers. Appoints the Advocate General, the chairpersons and members of the State Public Service Commission, the State Election Commission and the State Finance Commission, and judges of courts below the High Court. Is consulted when the President appoints High Court judges. |
| Legislative | Summons and prorogues (ends a session of) the legislature, and can dissolve the Assembly. Addresses the legislature. Nominates one-sixth of the Legislative Council. A bill becomes law only after the Governor's assent (approval). |
| Financial | The state budget, the Annual Financial Statement, is presented on the Governor's behalf. No Money Bill can be introduced without the Governor's recommendation. Controls the state Contingency Fund, kept for sudden needs. |
| Judicial | Can pardon a person convicted of an offence against a law on a matter under the state's executive power, or reduce, suspend or change the sentence (Article 161). |
| Discretionary | Acts on his or her own judgement in special cases, without the ministers' advice (see below). |
Discretionary powers: when the Governor acts alone
- Discretionary powers are powers the Governor uses on his or her own judgement, without the advice of the council of ministers.
- If no party or coalition wins a clear majority in the Assembly, the Governor decides whom to invite as Chief Minister.
- As the link between the Centre and the state, the Governor can reserve a bill passed by the state legislature for the President's consideration.
- If the state government cannot be run according to the Constitution, the Governor reports to the President. President's Rule may then be imposed under Article 356: the ministry is removed, and the Assembly is dissolved or suspended. The Governor then runs the state on the President's behalf.
Position: a nominal head, but not just a figurehead
Your NIOS lesson also says the Governor may nominate one Anglo-Indian member to the Assembly. That provision ended in January 2020 under the 104th Constitutional Amendment.
When a state election gives no party a clear majority, the news watches the Governor's residence (Lok Bhavan, earlier Raj Bhavan), because the Governor decides whom to invite first. Every new state law you read about has become law only after the Governor's assent.
1 marks: “What is the minimum age for appointment as the Governor of a state?” 35 years.
3 marks: “Describe any three discretionary powers of the Governor.” Inviting a person to be Chief Minister when no party has a clear majority; reserving a bill passed by the state legislature for the President; reporting to the President that the state cannot be run as per the Constitution, which can lead to President's Rule under Article 356.
6 marks: “Explain the executive, legislative and financial powers of the Governor. Is the Governor only a nominal head?” Executive: appoints the Chief Minister and ministers, the Advocate General, State PSC members. Legislative: summons, prorogues, dissolves; nominates one-sixth of the Council; assent to bills. Financial: budget presented on the Governor's behalf; Money Bills need the Governor's recommendation; Contingency Fund. Position: nominal head in normal times, but discretionary powers and the link with the Centre make the role real in a crisis.
Governor's powers, ELF-JD: Executive, Legislative, Financial, Judicial, Discretionary. Appointed by the President, 35 years, 5 years.