Statement I: Sarkaria Commission recom- mended that Governor of a state should be a non- political person appointed after consultation with the Chief Minister of the state. Statement II: This could be achieved through amending Article 165 of the Constitution of India.

1. Constitutional Role of the Governor (basic)

Welcome to your first step in understanding the office of the Governor. To grasp this role, we must start with the dual nature of the position. In the Indian constitutional scheme, the Governor is not just a figurehead; they serve as a vital bridge between the Union and the States. Think of the Governor as having two distinct hats: first, as the constitutional head of the state, and second, as an agent/representative of the Central Government.

Under the parliamentary system of government at the state level, we distinguish between the de jure (formal) executive and the de facto (real) executive. While the Governor is the Head of the State, the Chief Minister is the Head of the Government Indian Polity, M. Laxmikanth (7th ed.), Chapter 31, p.325. This means that while all executive actions of the state are formally taken in the Governor's name, they are generally performed on the aid and advice of the Council of Ministers.

Feature	Governor	Chief Minister
Title	Head of the State	Head of the Government
Executive Authority	Nominal (De Jure)	Real (De Facto)
Analogy	Analogous to the President	Analogous to the Prime Minister

Constitutionally, Article 153 mandates that there shall be a Governor for each state. However, a significant change was introduced by the 7th Constitutional Amendment Act of 1956, which allows the same person to be appointed as Governor for two or more states Introduction to the Constitution of India, D. D. Basu (26th ed.), The State Executive, p.269. Article 154 further clarifies that the executive power of the state is vested in the Governor, to be exercised by them either directly or through officers subordinate to them.

Sources: Indian Polity, M. Laxmikanth (7th ed.), Chapter 30: Governor, p.323-325; Introduction to the Constitution of India, D. D. Basu (26th ed.), The State Executive, p.269

2. Appointment and Tenure (Articles 155-156) (basic)

In the Indian federal system, the Governor occupies a unique position as both the constitutional head of a state and a vital link between the Union and the State. Unlike the President of India, who is indirectly elected, the Governor is appointed by the President by warrant under his hand and seal M. Laxmikanth, Indian Polity, Governor, p.313. This model was intentionally chosen over an elective system to ensure that the Governor remains a neutral mediator and doesn't become a rival power center to the Chief Minister. While the Governor is often seen as a nominee of the Central government, the Supreme Court clarified in the Hargovind Pant case (1979) that this is an independent constitutional office, not an employment under the Central government M. Laxmikanth, Indian Polity, Governor, p.313.

Under Article 156, the Governor holds office during the "pleasure of the President." While the Constitution mentions a normal term of five years, this is not a guaranteed security of tenure. The President (effectively the Union Council of Ministers) can remove a Governor at any time without providing specific reasons in the Constitution D. D. Basu, Introduction to the Constitution of India, The State Executive, p.269. A Governor may also resign at any time by writing to the President. Even after the five-year term expires, the Governor continues to hold office until a successor joins to ensure there is no "interregnum" or vacuum in the state executive.

To improve federal harmony, the Sarkaria Commission (1983) suggested important conventions for these appointments. It recommended that a Governor should be an eminent person from outside the state to stay detached from local politics. Crucially, the Commission suggested that the Chief Minister of the state should be consulted before the appointment M. Laxmikanth, Indian Polity, Governor, p.324. Although these are widely respected as healthy democratic conventions, they are not yet legally binding constitutional mandates.

Feature	Constitutional Provision (Art. 155-156)	Sarkaria Recommendation
Selection	President appoints (Central nominee).	Consultation with the State CM.
Origin	No restriction on being a local resident.	Must be an "outsider" to the state.
Tenure	Pleasure of the President (No fixed tenure).	Should not be removed for minor political reasons.

Sources: M. Laxmikanth, Indian Polity, Governor, p.313, 315, 323, 324; D. D. Basu, Introduction to the Constitution of India, The State Executive, p.269

3. Discretionary Powers and Article 163 (intermediate)

In a parliamentary democracy like ours, the Governor is the nominal executive head, while the Council of Ministers (CoM) led by the Chief Minister is the real executive. However, the Governor’s position is unique compared to the President of India because the Constitution explicitly grants the Governor discretionary powers. Under Article 163, there shall be a Council of Ministers to 'aid and advise' the Governor, except in matters where the Governor is required to act in his/her discretion M. Laxmikanth, State Council of Ministers, p.329.

What makes Article 163 particularly powerful is Clause (2). It states that if any question arises as to whether a matter falls within the Governor’s discretion, the decision of the Governor is final. The validity of their actions cannot be questioned on the ground that they ought not to have acted in their discretion D. D. Basu, Introduction to the Constitution of India, p.275. This creates a significant constitutional shield for the Governor's independent judgment. As the Supreme Court clarified in the Shamser Singh case (1974), while the Governor generally acts on advice, they are not a mere rubber stamp in spheres where the Constitution requires independent action M. Laxmikanth, State Council of Ministers, p.330.

We can categorize these discretionary powers into two types:

Type of Discretion	Description & Examples
Constitutional Discretion	Explicitly mentioned in the text of the Constitution. Examples: Reserving a bill for the President’s consideration; recommending President’s Rule under Article 356; or determining royalty for tribal district councils in certain North-Eastern states M. Laxmikanth, Governor, p.321.
Situational Discretion	Hidden powers derived from political exigencies. Examples: Appointing a Chief Minister when no party has a clear majority; or dismissing the Council of Ministers if they lose the confidence of the House but refuse to resign.

Sources: M. Laxmikanth, Indian Polity, State Council of Ministers, p.329-330; M. Laxmikanth, Indian Polity, Governor, p.321; D. D. Basu, Introduction to the Constitution of India, The State Executive, p.275

4. The Advocate-General for the State (Article 165) (intermediate)

To understand the legal machinery of a state, we must look at Article 165, which establishes the office of the Advocate-General for the State. Just as the Union Government has the Attorney-General to navigate the complexities of law, each State Government has its own chief law officer. This official is the highest legal authority in the state and serves as the primary legal advisor to the state executive. D. D. Basu, Introduction to the Constitution of India, The State Executive, p.278. Unlike many other constitutional posts, the Advocate-General does not have a fixed tenure; he or she is appointed by the Governor and holds office during the 'pleasure' of the Governor. By convention, the Advocate-General usually resigns when the Council of Ministers (the state cabinet) resigns or is replaced, as they are appointed on the cabinet's advice.
To be eligible for this prestigious role, a person must be qualified to be appointed as a Judge of a High Court. This means they must be a citizen of India and must have either held a judicial office for ten years or been an advocate of a High Court for ten years. M. Laxmikanth, Indian Polity, Advocate General of the State, p.452. Interestingly, their remuneration is not fixed by the Constitution but is determined by the Governor. Their duties involve advising the state government on legal matters referred by the Governor and performing other legal duties assigned to them.
One of the most unique aspects of this office is the Advocate-General's relationship with the State Legislature. Under Article 177, they have the right to speak and take part in the proceedings of both Houses of the state legislature (and any committee they are named a member of), but they do not have the right to vote. M. Laxmikanth, Indian Polity, Advocate General of the State, p.452. While performing these duties, they enjoy all the privileges and immunities that are available to a member of the state legislature.

Feature	Attorney-General of India	Advocate-General of the State
Constitutional Article	Article 76	Article 165
Appointed by	President of India	Governor of the State
Qualifications	Qualified to be a Supreme Court Judge	Qualified to be a High Court Judge
Voting Right	No right to vote in Parliament	No right to vote in State Legislature

Sources: Introduction to the Constitution of India, The State Executive, p.278; Indian Polity, Advocate General of the State, p.452

5. Evolution of Centre-State Relations Commissions (intermediate)

To understand the Governor's role, we must look at how various commissions have tried to resolve the 'friction' between the Centre and States. Since the Governor is appointed by the President (Article 155) and serves at their 'pleasure,' the office has often been criticized as a tool of the Central government. To address this, the First Administrative Reforms Commission (ARC) of 1966 suggested that only persons with long experience in public life and a non-partisan attitude should be appointed Indian Polity, M. Laxmikanth, Centre-State Relations, p.158. This marked the beginning of an effort to move the office away from active party politics.

The most definitive work on this subject came from the Sarkaria Commission (1983). It recognized that while the constitutional framework was sound, the operational aspects needed reform. It recommended that a Governor should be an eminent person from outside the state, a detached figure not too intimately connected with local politics, and someone who has not taken too great a part in politics generally. Crucially, the Commission suggested that Article 155 should be amended to ensure the Chief Minister is consulted before the appointment Indian Polity, M. Laxmikanth, Governor, p.324. Note that some confuse this with Article 165, which actually pertains to the Advocate-General for the State.


Later, the Punchhi Commission (2007) built upon these ideas, emphasizing that federalism is functional and requires cooperation. While it drew heavily from the Sarkaria report, it sought to give the Governor a more secure tenure to prevent arbitrary removals Indian Polity, M. Laxmikanth, Centre-State Relations, p.161. Together, these commissions represent a shift from the Governor being a 'Central agent' to being a 'bridge' between the Centre and the State.

Commission	Key Recommendation on Appointment
First ARC	Focus on non-partisan attitude and administrative experience.
Sarkaria	Must be an "outsider"; CM must be consulted; amendment to Article 155.
Punchhi	Fixed tenure; removal only through a process similar to impeachment.

Sources: Indian Polity, M. Laxmikanth, Centre-State Relations, p.158; Indian Polity, M. Laxmikanth, Governor, p.324; Indian Polity, M. Laxmikanth, Governor, p.313; Indian Polity, M. Laxmikanth, Centre-State Relations, p.161

6. Sarkaria Commission: Recommendations on Governor (exam-level)

The Sarkaria Commission (1983-88) remains the most foundational authority on reforming the office of the Governor to reduce friction between the Union and the States. While the Constitution under Article 155 simply states that the Governor is appointed by the President, the Commission noted that the office had become a political tool, leading to its recommendation that the Governor should be a non-partisan, detached figure. Indian Constitution at Work, NCERT Class XI, Federalism, p.166. The Commission emphasized that the appointee should be an eminent person from outside the state, ensuring they are not 'too intimately connected' with local politics. Indian Polity, M. Laxmikanth, Chapter 30, p.314.

One of the most critical procedural recommendations was that the Chief Minister of the state should be consulted before the appointment is made. This ensures a harmonious working relationship between the constitutional head and the elected head of the state. The Commission even suggested that Article 155 could be amended to incorporate this consultation process, making it a legal obligation rather than just a convention. It is vital for aspirants to distinguish this from Article 165, which deals with the Advocate-General for the State, not the Governor's appointment.

Regarding the Governor's role in government formation, the Commission provided a clear hierarchy of preference for when no party wins a clear majority (a 'hung assembly'). In such cases, the Governor must exercise discretion to find a leader who can command a majority, prioritizing pre-poll alliances over post-poll coalitions or the single largest party. Indian Polity, M. Laxmikanth, Chapter 30, p.322.

Feature	Constitutional Requirement	Sarkaria Recommendation
State of Origin	Silent (Convention: Outsider)	Strictly from outside the state.
Political Profile	Silent (Any citizen 35+)	Detached figure; not active in recent politics.
CM Consultation	Not mentioned	Mandatory consultation with the CM.

Sources: Indian Polity, M. Laxmikanth, Chapter 30: Governor, p.314, 322, 324; Indian Constitution at Work, NCERT Class XI, Chapter 7: Federalism, p.166

7. Implementing Reforms: Article 155 vs 165 (exam-level)

To understand how the office of the Governor can be reformed, we must first be crystal clear on the constitutional geography of the State Executive. A common point of confusion in competitive exams is the distinction between Article 155 and Article 165. Article 155 is the specific provision that states the Governor of a State shall be appointed by the President by warrant under his hand and seal M. Laxmikanth, Indian Polity, Chapter 30: Governor, p.323. In contrast, Article 165 deals with a completely different office: the Advocate-General for the State, who acts as the chief legal advisor to the state government M. Laxmikanth, Indian Polity, Chapter 30: Governor, p.457. Knowing this distinction is the first step toward mastering Center-State relations.

The Sarkaria Commission (1983), which looked deeply into Center-State relations, noted that the appointment process often led to friction. To fix this, the Commission recommended that a Governor should be an eminent person from outside the state, a detached figure not too intimately connected with local politics, and someone who hasn't been active in politics in the recent past. Most importantly, the Commission suggested that the Chief Minister of the state should be consulted before the appointment is made. To give this recommendation legal teeth, the Commission proposed that Article 155 (not 165) should be amended to incorporate this consultation process.

Currently, the consultation with the Chief Minister is merely a political convention and not a constitutional mandate. Because it is not written into the law, it is often ignored by the Union Government. The debate over amending Article 155 is essentially a debate over moving from a system of 'discretionary appointment' to one of 'cooperative federalism.'

Feature	Article 155	Article 165
Subject Matter	Appointment of the Governor	Advocate-General for the State
Appointing Authority	The President of India	The Governor of the State
Relevance to Reform	Target for amendment to mandate CM consultation	Unrelated to Governor appointment reforms

Sources: M. Laxmikanth, Indian Polity, Chapter 30: Governor, p.323; M. Laxmikanth, Indian Polity, Constitutional Prescriptions, p.457

8. Solving the Original PYQ (exam-level)

This question perfectly synthesizes your recent study of Center-State Relations and the constitutional provisions governing the Governor. You have learned that the Sarkaria Commission (1983) sought to reduce friction between the Union and States by suggesting that the Governor be a detached, non-political figure from outside the state. Statement I directly reflects these famous recommendations aimed at ensuring the Governor acts as a constitutional bridge rather than a political agent. To arrive at the correct answer, you must bridge your knowledge of these policy recommendations with the specific factual Articles of the Constitution you memorized in the preceding modules.

As you evaluate the statements, your reasoning should first confirm that Statement I is true, as the Commission explicitly advised that the Chief Minister must be consulted to ensure smooth functional relations. However, Statement II contains a classic UPSC technical trap. While the Commission did suggest that this consultation process could be formalized through a constitutional amendment, it pointed toward Article 155 (which deals with the appointment of the Governor), not Article 165. As noted in Indian Polity by M. Laxmikanth, Article 165 pertains to the Advocate-General for the State, an entirely different office. Therefore, the factual error in the Article number makes Statement II false, leading us directly to (C) Statement I is true but statement II is false.

The common trap here lies in options (A) and (B). UPSC often presents a Statement II that sounds logically consistent with the reformist spirit of Statement I, hoping you will overlook a specific numerical or technical error. Students often pick (A) because they recognize the recommendation but fail to verify the Constitutional Article cited. Remember, in the exam, a statement is only as strong as its weakest factual link. By identifying that Article 155 is the correct provision for appointment, you successfully navigate past the distractor and confirm the correct answer.