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End of chapter: On Governors and reshuffle


What Happened

  • President Droupadi Murmu approved a major reshuffle of Governors and Lieutenant Governors across nine states and Union Territories, including West Bengal, Tamil Nadu, Telangana, Maharashtra, Bihar, Delhi, Ladakh, Himachal Pradesh, and Nagaland.
  • Key appointments include R.N. Ravi as the new Governor of West Bengal — notably, Ravi was earlier recalled as Governor of Tamil Nadu following a public disagreement with the state government over bill-signing and policy matters.
  • The reshuffle has drawn commentary about the political logic of Governor appointments — the constitutional convention that state governments should be consulted before appointment of a Governor is observed inconsistently, and transfers are sometimes used to address state-level political situations.
  • The reshuffle follows a broader pattern of Centre-state friction over Governor conduct in non-BJP-ruled states, with multiple Supreme Court judgments in recent years asserting limits on Governors' discretion in withholding assent to state bills.
  • The editorial characterises the reshuffle as an opportunity for a reset in Centre-state relations through Governors who adhere strictly to constitutional norms.

Static Topic Bridges

Constitutional Provisions on Governors: Articles 153–163

Part VI of the Constitution (Articles 152–167) deals with state executives. The Governor is the constitutional head of the state and forms a vital link between the Centre and state governments. Key provisions:

Article 153: There shall be a Governor for each State (amended to allow one person to be Governor of two or more states).

Article 155: The Governor of a State shall be appointed by the President by warrant under his hand and seal — making it a presidential appointment, not an elected office.

Article 156: The Governor "shall hold office during the pleasure of the President." This means (a) the President can remove a Governor at any time without assigning reasons, and (b) there is no formal removal procedure akin to impeachment. A Governor's five-year term is nominal, not guaranteed.

Article 157 and 158: Qualifications (citizen of India, 35 years of age) and conditions of office (no member of Parliament or state legislature, no office of profit).

Article 163: The Council of Ministers shall aid and advise the Governor in the exercise of functions, except insofar as the Governor is required to exercise functions in his own discretion. The Governor's discretionary powers are thus constitutionally limited to specific situations.

  • Article 155: Presidential appointment (no role for state government constitutionally mandated)
  • Article 156(1): "during the pleasure of the President" — removable at will, no formal procedure
  • Article 156(3): Nominal five-year term
  • Sarkaria Commission (1983–87) recommended that the state Chief Minister be consulted before appointing a Governor, and that sitting members of the ruling party at the Centre not be appointed — recommendations followed inconsistently
  • Punchhi Commission (2007–10) reiterated: Governors should be eminent persons from outside the state, not recently active in local politics

Connection to this news: The reshuffle's constitutional legality is not in question — Article 156 gives the President unfettered power to remove or transfer Governors. The editorial focus is on the political norms and conventions that should govern such appointments, and whether the reshuffle serves constitutional purposes or partisan ones.


Governor's Role in State Legislation: Assent, Reservation, and Recent Supreme Court Rulings

The Governor's role in the state legislative process is governed by Article 200 (assent to bills) and Article 201 (reservation of bills for the President). Under Article 200, when a bill is presented to the Governor, the Governor shall: - Give assent (the normal course), or - Withhold assent, or - Return the bill for reconsideration (once only; if re-passed, must give assent), or - Reserve the bill for the President's consideration.

In recent years, several Governors in non-BJP-ruled states (Tamil Nadu, Kerala, Telangana, Punjab) delayed or withheld assent on state bills for prolonged periods, triggering legal challenges.

The Supreme Court's judgment in State of Punjab v. Principal Secretary to the Governor of Punjab (2023) held that Governors cannot indefinitely withhold assent or sit on bills without acting — this would make the Governor's assent power a "pocket veto" without constitutional basis. The Court held that if a Governor chooses to withhold assent, the bill must be returned promptly for reconsideration.

  • Article 200: Assent to Bills — three courses available to Governor (assent, withhold, reserve for President)
  • Article 201: Reservation for President — when reserved, the President may assent or withhold assent
  • State of Punjab v. Principal Secretary to the Governor of Punjab & Anr. (2023): SC held Governors cannot withhold assent indefinitely; must return bill for reconsideration or reserve for President promptly
  • Tamil Nadu Governor case (2024–25): Governor R.N. Ravi's conduct in withholding assent and reserving bills after state re-passage led to controversy and subsequent transfer
  • Article 163(2): If any question arises whether a matter falls within the Governor's discretion, the Governor's decision "shall be final" — but this is not absolute (SC has held decisions can be judicially reviewed for bad faith or gross unconstitutionality)

Connection to this news: R.N. Ravi's reappointment as Governor of West Bengal (after his Tamil Nadu controversy) and the broader reshuffling of Governors in opposition-ruled states directly implicates these provisions — the reshuffle's import lies partly in whether incoming Governors will exercise Article 200/201 powers constitutionally or be instruments of Centre-state friction.


Centre-State Relations and the Role of Raj Bhavan

The Governor occupies a dual constitutional role: as the constitutional head of the state (following the advice of the Council of Ministers under Article 163) and as the Centre's representative (reporting to the Centre under Article 156 and maintaining channels for President's Rule under Article 356). This duality creates inherent tension, especially when the Centre and the state government are controlled by rival political parties.

The Sarkaria Commission report (1988) observed that Governors have sometimes been used to destabilise opposition-ruled state governments, particularly through recommendations for President's Rule under Article 356. The Supreme Court in S.R. Bommai v. Union of India (1994) sharply limited this power — holding that the floor of the legislature, not the Governor's subjective satisfaction, is the proper test for majority, and that President's Rule proclamations are subject to judicial review.

  • S.R. Bommai v. Union of India (1994) 3 SCC 1: Landmark judgment — Article 356 proclamation subject to judicial review; floor test is the proper mechanism to determine majority
  • Sarkaria Commission (1983–87): Recommended Governors should be truly independent, from outside state politics, not recently politically active
  • Article 356: President's Rule — the President may assume the functions of a state government if the Governor reports that the government cannot be carried on in accordance with the Constitution
  • Post-Bommai, imposition of Article 356 has been far more cautious — the Supreme Court can restore a dismissed state assembly

Connection to this news: The Governor reshuffle in politically sensitive states like West Bengal (with elections due in 2026) and Tamil Nadu resonates against this backdrop — the choice of Governors and their conduct will directly shape Centre-state dynamics and potentially invoke the limits on Governor discretion established in the Bommai and Punjab Governor judgments.


Key Facts & Data

  • States covered in March 2026 reshuffle: West Bengal, Tamil Nadu, Telangana, Maharashtra, Bihar, Delhi (LG), Ladakh (LG), Himachal Pradesh, Nagaland
  • R.N. Ravi: Former Governor of Tamil Nadu (2021–24), recalled after public dispute with state government; appointed Governor of West Bengal
  • Taranjit Singh Sandhu (former diplomat): Appointed Lieutenant Governor of Delhi
  • Shiv Pratap Shukla: Appointed Governor of Telangana
  • Article 155: Presidential appointment; Article 156: "pleasure of the President" tenure
  • Sarkaria Commission (1983–87): Recommended consultation with state CMs before appointment — not constitutionally mandated
  • Punchhi Commission (2010): Recommended "procedure established by law" for Governor removal (not implemented)
  • S.R. Bommai v. Union of India (1994): Article 356 proclamations judicially reviewable
  • Total Governors/LGs: 28 Governors (states) + 8 LGs (UTs with legislature/administration)