Discuss the position of the Governor in the federal polity of India. What is the nature of his power while giving assent to a bill passed by the State Legislature? Is he bound by the aid and advice of his Council of Ministers in all his functions?

Constitutional position

The Governor is appointed by the President under Article 155, holds office during pleasure under Article 156, and is the constitutional head of the state executive under Article 154. Ambedkar described the office as having no functions to discharge by himself, and the Constituent Assembly rejected an elected Governor precisely to avoid a rival centre of authority. In practice the office sits at the seam between a Union appointment and a state mandate, which is where the friction arises.

Assent under Article 200

When a Bill passed by the state legislature is presented, the Governor has four courses, and only four:

• Assent to the Bill.
• Withhold assent.
• Return the Bill (if it is not a Money Bill) with a message for reconsideration. If the House passes it again, with or without amendment, the Governor shall not withhold assent.
• Reserve the Bill for the consideration of the President, which is compulsory under the second proviso where the Bill would derogate from the powers of the High Court.

The contested question: indefinite inaction

• Article 200 says the Governor shall declare assent, withholding or reservation "as soon as possible". It prescribes no outer limit.
• A practice emerged of neither assenting, returning nor reserving — sitting on Bills indefinitely. That is not one of the four options; it is the absence of a decision.
• In State of Punjab v. Principal Secretary (2023) the Supreme Court held the Governor cannot effectively veto legislation by inaction, and that withholding assent must be followed by returning the Bill to the House.
• In the State of Tamil Nadu matter (2025) the Court went further on timelines and on deemed assent, and the resulting questions were referred for a Presidential Reference under Article 143.
• The direction of travel is clear: discretion in Article 200 is a choice among four options, not a power to suspend the legislative process. Detail in our note on Article 200 and deemed assent.

Is he bound by aid and advice?

Not in all his functions. Article 163(1) binds the Governor to the aid and advice of the Council of Ministers except where he is required to act in his discretion. Article 163(2) makes the question of whether a matter falls in that category his own decision, and Article 163(3) bars inquiry into the advice tendered. The genuine discretionary and situational areas are:

• Reservation of a Bill for the President under Article 200.
• Recommending President's Rule under Article 356 and reporting on the state's constitutional machinery.
• Appointing a Chief Minister in a hung assembly, and deciding on dismissal where the majority is doubtful.
• Functions as administrator of an adjoining Union Territory, and special responsibilities under Articles 371A to 371J and the Sixth Schedule.
• Seeking information from the Chief Minister under Article 167.

Shamsher Singh (1974) and Nabam Rebia (2016) confirm that discretion is the exception and that the Governor is otherwise bound. S. R. Bommai (1994) made the Article 356 recommendation justiciable and required a floor test rather than a subjective satisfaction.

Conclusion

The Governor's position is that of a constitutional head with a narrow, justiciable band of discretion. Assent is not a personal prerogative but a duty exercisable in four defined ways, and the Sarkaria and Punchhi Commissions' recommendations — fixed tenure, consultation with the Chief Minister on appointment, and time limits on assent — remain the standing reform agenda. See our note on the Governor's constitutional role.