Why Does India Have Governors? What the Supreme Court Said on Their Limited Powers

Governors of India are constitutional heads of states and the representatives of the President, acting as a vital link between the central government and the governments of states. The President appoints governors, and their function is to defend the Constitution, ensure that the governance of a state is in line with national law, and maintain the federal balance—especially during times of political instability or constitutional crises.

 

Major Functions and Powers:

 

Executive: Appointment of Chief Minister, ministers, and key officials; oversight of state administration.

 

Legislative: Summoning, proroguing, and dissolving the state assembly; assenting to or reserving bills; ensuring money bills are introduced with their recommendation.

 

Judicial and Financial: Granting pardons for state offenses; managing state finances.

 

Supreme Court on Limited Powers:

In a landmark 2025 judgment, the Supreme Court considerably cut down governors' discretionary powers, especially in the case of state bills. The Court held:

 

No Absolute or Pocket Veto: Governors cannot indefinitely delay or refuse assent to bills ("pocket veto"). They must act "as soon as possible," providing reasons if withholding assent and returning the bill for reconsideration.

 

Timelines: The Court set down strict time limits—one month to act on a bill, three months if acting contrary to cabinet advice, and one month for bills re-presented after reconsideration.

 

No Re-Reservation: The governor cannot reserve a bill again for the President if it is re-passed by the legislature after being returned; they are to assent or withhold only if the bill is amended.

 

Bound by Cabinet Advice: Governors are constitutionally bound to act on the advice of the state's Council of Ministers, and not as political agents in their own right.

 

Judicial Review: The Governors' actions are subject to judicial review to prevent misuse of authority and protect the democratic process.

 

Why It Matters:

The Supreme Court's ruling reiterates that governors are constitutional heads, not political referees. Their role is to defend the Constitution, not to procrastinate or override the decisions of elected state governments. In this manner, India's federal system remains robust and democratic, with clear limits on gubernatorial intervention.

 

Source: News18, Times Of India