Article 153 of the Indian Constitution

Article 153


  • Article 153 of the Constitution of India deals with the appointment of Governors of States.
  • It states that there shall be a Governor for each State. However, nothing in this article shall prevent the appointment of the same person as Governor for two or more States.

Powers and Functions of the Governor in India


Executive Powers:

  1. Executive Authority: The Governor is the head of the state’s executive branch and exercises executive powers on behalf of the President of India within the state.
  2. Appointment of Chief Minister: The Governor appoints the Chief Minister of the state. The Chief Minister is usually the leader of the majority party in the state legislative assembly.
  3. Dissolution of the State Legislative Assembly: The Governor can recommend the dissolution of the state legislative assembly to the President if they believe that a stable government cannot be formed or the assembly is unable to function properly.
  4. Appointment of Council of Ministers: The Governor appoints other members of the state council of ministers on the advice of the Chief Minister.
  5. Administration of Oath: The Governor administers the oath of office to the Chief Minister and other ministers.

Legislative Powers:

  1. Summoning and Proroguing the State Legislature: The Governor summons and prorogues the sessions of the state legislative assembly. They also address the legislature at the beginning of each session.
  2. Assent to Bills: The Governor gives assent to bills passed by the state legislative assembly. However, in certain cases, they can send a bill back for reconsideration.
  3. Recommendation for President’s Rule: If the Governor believes that the state government is not functioning as per the provisions of the Constitution, they can recommend the imposition of President’s Rule in the state to the President of India.

Judicial Powers:

  1. Pardoning and Remission of Punishments: The Governor has the power to grant pardons, reprieves, and remission of punishments to convicts in the state.

Discretionary Powers:

  1. Reserving Bills for the President’s Consideration: In certain cases, the Governor can reserve bills passed by the state legislature for the consideration of the President of India.
  2. Special Responsibility during Constitutional Crisis: The Governor may have a special role to play during constitutional crises, ensuring that the government functions within the framework of the Constitution.

Constitutional Safeguards:

  • The Governor is expected to uphold the Constitution of India and ensure that the state government functions in accordance with the constitutional provisions.

Representation of the State:

  • The Governor represents the state at various official functions and ceremonies.

Conclusion


  • Article 153 of the Indian Constitution, which establishes the office of the Governor in each state, is a critical component of India’s federal structure.
  • It balances the powers between the Union and the states while ensuring that the principles of democracy and governance are upheld.
  • While challenges and controversies have arisen in its implementation, Article 153 remains a cornerstone of India’s constitutional framework, contributing to the nation’s democratic stability and unity.

Article 153 of the Indian Constitution deals with the appointment of the Governor of a state. The original Article 153 stipulated that a person shall not be appointed as Governor of more than one state at the same time. However, this was amended by the 7th Amendment of the Constitution in 1956. The amendment enabled the same person to serve as Governor of two separate states at the same time, if the President so decides.

Articles 155 and 156 of the Indian Constitution deal with the President's power to appoint and dismiss governors.

  • Article 155 states that the President shall appoint the Governor of a State by warrant under his hand and seal.
  • Article 156 states that the Governor shall hold office during the pleasure of the President. This means that the President can appoint or dismiss a Governor at any time, without giving any reason.

Article 152 of the Constitution of India defines the term "State" as used in Part VI of the Constitution, which deals with the State Governments. It states that, unless the context otherwise requires, the expression "State" does not include the State of Jammu and Kashmir.

This means that the provisions of Part VI of the Constitution, such as those relating to the appointment of Governors, the executive power of the States, and the Council of Ministers, do not apply to the State of Jammu and Kashmir.

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