In India, the Governor is appointed by the President under Articles 153–162 of the Constitution. Since the President acts on the advice of the Union Council of Ministers. The Governor thus occupies a peculiar constitutional position: formally the head of the state executive, but structurally dependent upon the Union government for appointment and continuation in office.
By contrast, the United States Constitution does not create the office of Governor in the same manner. Each American state has its own constitution, and Governors are directly elected by the people of that state. An American Governor, therefore, derives legitimacy from the electorate rather than from the federal executive in Washington. Consequently, while the Indian Governor is often perceived as a constitutional bridge between the Centre and the state, the American Governor is fundamentally an autonomous political executive representing state sovereignty.
This distinction reflects the broader contrast between Indian and American federalism. American federalism emerged through the coming together of previously sovereign states, which retained significant autonomy. Indian federalism, however, evolved through a “holding together” model after independence. In the aftermath of partition, princely state integration, linguistic diversity, and fears of fragmentation, the framers of the Constitution deliberately created a stronger Union. The office of the Governor became one of the institutional mechanisms through which constitutional coordination between the Centre and states could be maintained.
Yet, the practical functioning of the office has frequently generated controversy. Critics argue that the Governor in India has often become a “representative of the central government clothed in the language of the Constitution.” This criticism is not entirely unfounded. Governors have repeatedly been accused of partisan conduct in matters such as inviting parties to form governments in hung assemblies, delaying assent to bills, reserving legislation for presidential consideration, interfering in university administration, or recommending President’s Rule under Article 356.
Such controversies have occurred under governments of different political parties at the Centre, indicating that the problem may be structural rather than merely partisan. Because Governors lack an independent electoral mandate and hold office “during the pleasure of the President,” their neutrality is frequently questioned. In politically polarised situations, the office sometimes appears less like an impartial constitutional authority and more like an instrument through which the Union seeks to influence state politics.
The judiciary has occasionally intervened to restrain the misuse of gubernatorial powers. The landmark S. R. Bommai v. Union of India judgment significantly restricted the arbitrary imposition of President’s Rule and strengthened the federal character of the Constitution. Similarly, the Sarkaria Commission and the Punchhi Commission recommended that Governors should be politically neutral individuals detached from active party politics. These commissions also stressed the need for consultation with state governments during appointments in order to preserve the dignity and impartiality of the office.
However, it would be simplistic to conclude that the office of Governor is inherently illegitimate or unnecessary. The framers of the Constitution did not envision the Governor merely as an agent of the Centre. Rather, the office was intended to function as a constitutional sentinel capable of ensuring stability during crises, safeguarding constitutional governance, and facilitating coordination between Union and state governments. In periods of political instability or constitutional uncertainty, Governors have at times played constructive and stabilising roles.
The real challenge, therefore, lies not in the constitutional existence of the office but in its political functioning. The Governor’s office occupies a delicate space between constitutional morality and political reality. Ideally, the Governor should function as an impartial constitutional umpire. In practice, however, the method of appointment and the nature of India’s centralised federal structure often create conditions where the office is viewed with suspicion.
Thus, the criticism that the Governor is a representative of the Centre is substantially valid when judged by political practice, though less convincing as a criticism of the constitutional design itself. The Indian and American Governors may share the same title, but they emerge from entirely different federal philosophies. Ultimately, the health of Indian federalism depends not merely upon constitutional text, but upon the constitutional restraint, neutrality, and statesmanship with which institutions such as the Governor’s office are exercised.