The Role of the Governor in Centre–State Relations: Constitutional Practice and Judicial Review

Abstract

The Governor serves as the chief executive head of a state. However, like the President at the national level, the Governor acts as a titular or nominal head (constitutional head). Additionally, the Governor functions as an agent of the central government, giving the office a dual role. The office of the Governor occupies a pivotal position in India's federal constitutional framework, functioning as the constitutional head of the State while serving as an important institutional link between the Union and the State governments. The Constitution envisages the Governor as an impartial authority who acts primarily on the aid and advice of the Council of Ministers, except in matters where discretionary powers are expressly provided. However, the exercise of these powers has frequently generated constitutional and political controversies, particularly in relation to the appointment of Chief Ministers, government formation in hung assemblies, assent to Bills, summoning of legislative sessions, and recommendations for the imposition of President's Rule under Article 356. These issues have raised important questions concerning the scope of gubernatorial discretion, the federal balance, and the protection of democratic governance.

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