Article 153 mandates that there shall be a Governor for each State, representing a unique constitutional position that balances state autonomy with central supervision.
1. Appointment and Dual Role
The Governor is appointed by the President (Article 155) and holds office during the pleasure of the President (Article 156), meaning there is no fixed tenure protection. The Governor holds a dual role:
- The Constitutional Head of the State, acting on the aid and advice of the State Cabinet (Article 163).
- The representative or agent of the Central Government in the State, bridging the federal structure.
2. The Scope of Discretionary Powers
Unlike the President of India, who has almost no explicit discretionary power under the text of the Constitution, Article 163(1) explicitly grants discretionary powers to the Governor. Article 163(2) states that if any question arises whether a matter falls within the Governor's discretion, the decision of the Governor is final and cannot be questioned in court.
Key Discretionary Scenarios:
- Recommending President's Rule (Article 356): Submitting a report to the President stating that the state government cannot be carried on in accordance with the Constitution.
- Reservation of Bills (Article 200): Reserving a bill passed by the State Legislature for the consideration of the President (mandatory if the bill threatens the position of the High Court).
- Choice of Chief Minister: Appointing a Chief Minister under Article 164 in a hung assembly where no single party holds a clear majority.
- Dismissal of Ministry: Dismissing a Chief Minister who has lost the majority in the house but refuses to resign.
The Supreme Court held that the Governor's discretionary powers under Article 163 are not absolute or arbitrary. The Governor can exercise discretion only in situations explicitly provided by the Constitution, and cannot act independently of the aid and advice of the Council of Ministers in ordinary legislative matters (e.g. summoning the assembly must be on Cabinet advice).