The constitutional position of the Governor has been a subject of debate, highlighted by the recent 2025 Supreme Court judgment in “State of Tamil Nadu vs. Governor of Tamil Nadu” case, which established strict timelines for gubernatorial actions (official acts and decisions taken by a governor) on state bills.

Constitutional Position of Governor

• Article 153 mandates a Governor for each state as the constitutional head, appointed by the President on advice of the Union Government.
• Executive Powers:

• • Appoints Chief Minister and Council of Ministers under Article 164.
  • Acts on aid and advice of the Council of Ministers under Article 163.
  • Discretionary powers in specific situations like inviting party to form government.

• Legislative Powers:

• • Can summon, prorogue, and dissolve state legislature.
  • Can reserve bills for President’s consideration.
  • Can promulgate ordinances under Article 213.

Challenges in Governor’s Role

• Political Partisanship: Often accused of acting as Centre’s agent rather than constitutional head.
• Arbitrary Powers: Misuse of discretionary powers in government formation and bill approval.
• Lack of Accountability: No defined mechanism for removal or accountability.
• Time-bound Actions: Recent issue of indefinite delays in acting on bills, addressed by SC’s 2025 judgment.

Reform Measures

• Sarkaria Commission Recommendations:

• • Consultation with the Chief Minister, Vice-President, and Lok Sabha Speaker in appointments.
  • Selection of eminent persons from outside state with no political affiliations.

• Punchhi Commission Proposals:

• • Formation of an appointment committee including PM, Home Minister, LS Speaker, and CM.
  • Fixed five-year tenure and removal through state legislature impeachment.

• Additional Reforms Needed:

• • Clear timeline for constitutional functions as per SC’s 2025 judgment.
  • Strengthening federal cooperation through the Inter-State Council.
  • Codification of conventions regarding discretionary powers.

The role of Governor needs reimagining through implementation of various commission recommendations and SC guidelines to ensure they act as constitutional heads rather than political agents, exemplified by the recent reforms in states like Tamil Nadu and Kerala.