What the Governor is required to do
The role of the Governor in inviting a party/alliance to form a government after elections is a classic GS II question on constitutional offices and their discretionary powers. The article highlights that demanding signed letters from MLAs has no constitutional basis, raising questions about gubernatorial overreach vs. constitutional mandate. This directly maps to debates on Articles 163, 164, and landmark SC judgments on the subject.
Key facts
- The Constitution under Article 164 mandates that the Chief Minister shall be appointed by the Governor — it does not specify any test of majority before swearing-in.
- The Governor's discretion under Article 163 is limited and he must act on the aid and advice of the Council of Ministers in most matters.
- Demanding signed letters from MLAs before swearing in a CM is described as having no constitutional basis.
- The floor test (proving majority in the House) is the constitutionally recognised mechanism to establish majority, not pre-oath letter-collecting.
- The Supreme Court in Rameshwar Prasad v. Union of India (2006) and Shivraj Singh Chouhan v. Speaker (2020) have laid down limits on gubernatorial discretion.
- The Governor is a constitutional head of the state, appointed under Article 153, and acts as the President's representative.
The editorial discusses the role of the Governor in the formation of a government after an election. The article argues that the Governor's demand for signed letters from a majority of MLAs before swearing in the Chief Minister is an invention with no constitutional basis.
Concepts to know
Provides for a Council of Ministers to aid and advise the Governor, except in matters where the Governor exercises discretion. The scope of this discretion has been a subject of significant judicial interpretation.
Deals with the appointment of the Chief Minister and other ministers by the Governor. The Governor appoints the CM, and the CM advises on the appointment of other ministers; the Council is collectively responsible to the Legislative Assembly.
Provides for the office of the Governor for every State, who is appointed by the President and acts as the constitutional head of the state executive.
A constitutional mechanism by which a government proves its majority support in the legislature. The Supreme Court has held, especially in the S.R. Bommai case, that the floor of the House is the only legitimate forum to determine majority, not the Governor's subjective satisfaction.
A landmark Supreme Court judgment that struck down the imposition of President's Rule in Bihar, reiterating that the Governor cannot act arbitrarily and must exercise discretion in a constitutionally sound manner.
A commission set up to examine Centre-State relations; it recommended that the Governor should invite the leader with the best claim to majority support and must act as a constitutional head, not as an agent of the Centre.
Linked previous-year questions
The UPSC questions this story connects to.
With reference to the Indian polity, consider the following statements: 1. The Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of his/her office. 2. No criminal proceedings shall be instituted or continued against the Governor during his/her term of office. 3. Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House. Which of the statements given above are correct? (a) I and II only (b) II and III only (c) I and III only (d) I, II and III
- a.I and II only
- b.II and III only
- c.I and III only
- d.I, II and III ✓
Polity · UPSC 2025Which of the following are the discretionary powers given to the Governor of a State? 1. Sending a report to the President of India for imposing the President's rule 2. Appointing the Ministers 3. Reserving certain bills passed by the State Legislature for consideration of the President of India 4. Making the rules to conduct the business of the State Government Select the correct answer using the code given below: (a) 1 and 2 only (b) 1 and 3 only (c) 2, 3 and 4 only (d) 1, 2, 3 and 4
- a.1 and 2 only
- b.1 and 3 only ✓
- c.2, 3 and 4 only
- d.1, 2, 3 and 4
Polity · UPSC 2014With reference to the Legislative Assembly of a State in India, consider the following statements: 1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year. 2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
- a.1 only ✓
- b.2 only
- c.Both 1 and 2
- d.Neither 1 nor 2
Polity · UPSC 2019Consider the following statements: 1. It is the Governor of the State who recognises and declares any community of that State as a Scheduled Tribe. 2. A community declared as a Scheduled Tribe in a State need not be so in another State. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
- a.1 only
- b.2 only ✓
- c.Both 1 and 2
- d.Neither 1 nor 2
Polity · UPSC 2024Consider the following statements: 1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office. 2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
- a.1 only
- b.2 only
- c.Both 1 and 2 ✓
- d.Neither 1 nor 2
Polity · UPSC 2018Consider the following statements: 1. The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion. 2. The President of India can, of his/her own, reserve a bill passed by a State Legislature for his/her consideration without it being forwarded by the Governor of the State concerned. Which of the statements given above is/are correct? (a) I only (b) II only (c) Both I and II (d) Neither I nor II
- a.I only ✓
- b.II only
- c.Both I and II
- d.Neither I nor II
Polity · UPSC 2025
Get the full brief — free
Every story syllabus-mapped, the exact NCERT page to revise, a daily MCQ quiz and more — start free, no card needed.
Start free →