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The Governor: appointment, tenure and powers (Articles 153-163)

By CAShorts DeskPublished Updated Source: Constitution of India, Articles 153-163 (constitutionofindia.net); B.P. Singhal v. Union of India (2010); The Indian Express, The Hindu, Hindustan Times, News On AIR, 12 October 2026

Why in news: On 12 October 2026, the President appointed Governors in six States, ending a dual charge under which one Governor also held Tamil Nadu.

The Governor: appointment, tenure and powers (Articles 153-163)
Illustration (AI-generated)

The Governor is the constitutional head of a State, appointed by the President under Article 155 and holding office during the President's pleasure under Article 156, for a five-year term. Under Article 163, the Governor acts on the aid and advice of the Council of Ministers, except in discretionary matters. On 12 October 2026, Governors were appointed in six States.

Syllabus: GS2 · Federalism & Local Government; Prelims · Polity & Governance; GS2 · Executive & Judiciary

Why this matters for UPSC

GS2 polity, on appointment to constitutional posts and Centre-State relations. Prelims asks what Articles 153-163 provide on appointment, tenure, qualifications and pardon; Mains asks whether the Governor is a constitutional head or the Centre's agent.

In short

The Governor, the State's constitutional head under Part VI, is the President's appointee, serving at the President's pleasure: neutral by design, yet liable to look like the Union's agent.

Articles shaping theGovernor's officeArticle 155:appointmentArticle 156:pleasure andtenureArticle 157:eligibilityArticle 161:pardoning powerArticle 163: aidand advice

The Governor's legitimacy rests on restraint: discretion kept for genuine breakdowns, and removal only for reasons that would survive B.P. Singhal's review.

Why it matters

For a voter in any State, the Governor is the person who appoints the Chief Minister, signs the State's Bills into law and issues orders in the State's name. Because the Union, not the State, chooses the Governor and can remove one without assigning a reason, the office sits at the joint between the Centre and the States. When a Governor delays action or claims discretion against the advice of an elected Council of Ministers, a State government's programme can stall. When Governors are replaced after a change of government in Delhi, the office looks partisan. Articles 153-163, read with B.P. Singhal, decide how far the Governor is a neutral constitutional head and how far an agent of the Union.

Prelims pointers

  • Article 156: no grounds or procedure for removing a Governor are written; unlike the President under Article 61, a Governor is never impeached.
  • Article 159: the Chief Justice of the State's High Court, or failing that the senior-most judge available, administers the Governor's oath.
  • Article 161 vs Article 72: only the President can pardon a court-martial sentence; Article 72(3) preserves the Governor's power to suspend, remit or commute a death sentence.
  • Article 163(2): the Governor's own decision on whether a matter is discretionary is final, and an act cannot be questioned on that ground.
  • Article 163(3): no court may inquire whether, and what, advice Ministers tendered to the Governor; Article 74(2) is the matching bar for the President.
  • Article 158(3A): where one person governs two or more States, the President decides how those States share the emoluments and allowances.
  • Article 158(3): the Governor's emoluments are fixed by Parliament by law; until then, the Second Schedule applies.
  • Constituent Assembly: the draft offered a directly elected Governor or one chosen from a panel of four; appointment by the President was adopted instead.

Practise a UPSC-style question

With reference to the Governor of a State in India, consider the following statements:

1. The Governor is appointed by the President by warrant under his hand and seal.

2. The Constitution permits the same person to be appointed Governor of two or more States.

Which of the statements given above is/are correct?

  1. (a) 1 only
  2. (b) 2 only
  3. (c) Both 1 and 2
  4. (d) Neither 1 nor 2
Show the answer

Answer: (c) Both 1 and 2

1 is correct: Article 155 provides that the President appoints the Governor by warrant under his hand and seal. 2 is correct: the proviso to Article 153, added by the Seventh Amendment Act, 1956, allows one person to be Governor of two or more States.

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