2.4. Constitutional Position of a Governor

As in the Centre, the Constitution of India provides for a Parliamentary form of government in the States also. Similar to the President, the Governor at the State level exercises his powers and functions with the aid and advice of the Council of Ministers headed by the Chief Minister, except in matters in which he is required to act in his discretion. After the 42nd amendment, ministerial advice has been made binding on the President, but no such provision has been made with respect to the Governor. In other words, the Governor is a nominal executive; the real executive is the Council of Ministers, headed by the Chief Minister in a state.

Constitutionally, Governor is the head of State, but practically he becomes the man of Centre in the State.

Ideally, the institution of Governor is envisaged as an institution of “cooperative federalism” – the link between the Centre and State. He can bring a national perspective to the State level and concerns of the State to the Centre.

But in practice, it has become an institution of “bargaining federalism” – a mechanism available to the Centre to bargain with the States.

The Office of Governor worked well till 1967 during the era of single party dominance both in the Centre and the States. However, later this office has been repeatedly used for politically motivated ends. Some experts call this the most abused office of the Constitution of India.