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Chief executive head
The Governor is the chief executive head of the state. But, like the President, he is a nominal executive head (a titular or constitutional head).
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The Governor & the Chief MinisterThe State Executive in Bihar
The constitutional head and the real executive: the Governor’s powers, actual position and discretion (and his role in Bihar), how the Chief Minister is appointed and what he does, and the record of Chief Minister Nitish Kumar.
ConstitutionArts 153–167The state executivePart VI of the Constitution.
GovernorDual roleHead & agentConstitutional head of the state, and representative of the Centre.
Legislature1/6Council nomineesOf the Legislative Council, nominated by the Governor.
Ordinances6 weeksOrdinance lifeFrom the legislature’s reassembly, unless approved.
Chief MinisterArt. 164CM appointedBy the Governor; the real executive is the CM.
Bihar50%Women in panchayatsBihar was the first state to reserve half the seats.
The state executive
The Office of Governor
Articles 153 to 167 in Part VI of the Constitution deal with the state executive.
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Agent of the Centre
The Governor also acts as an agent of the central government. Therefore, the office of Governor has a dual role.
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One Governor, two states
Usually there is a Governor for each state, but the 7th Constitutional Amendment Act of 1956 made it possible to appoint the same person as Governor of two or more states.
The powers and functions of the Governor can be studied under the following heads:
Powers of the Governor
Executive Powers
From appointing the Chief Minister and key officials to recommending President’s Rule and acting as chancellor of universities.
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Actions in his name
All executive actions of the state government are formally taken in his name.
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Authentication rules
He can make rules specifying how orders and other instruments made and executed in his name shall be authenticated.
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Business rules
He can make rules for the more convenient transaction of the state government’s business, and for allocating that business among the ministers.
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CM and ministers
He appoints the Chief Minister and other ministers. They also hold office during his pleasure.
There should be a Tribal Welfare minister, appointed by him, in the states of Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha. The state of Bihar was excluded from this provision by the 94th Amendment Act of 2006.
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Advocate General
He appoints the Advocate General of the state and decides his remuneration. The Advocate General holds office during the pleasure of the Governor.
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State Election Commissioner
He appoints the State Election Commissioner and decides his conditions of service and tenure of office. However, the State Election Commissioner can be removed only in the same manner and on the same grounds as a judge of a High Court.
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State Public Service Commission
He appoints the chairman and members of the State Public Service Commission. However, they can be removed only by the President, not by a Governor.
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Seeking information
He can seek any information about the administration of the state’s affairs and proposals for legislation from the Chief Minister.
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Referring decisions to the cabinet
He can require the Chief Minister to submit for the council of ministers’ consideration any matter on which a minister has taken a decision but which the council has not considered.
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President’s Rule
He can recommend the imposition of constitutional emergency in a state to the President. During President’s Rule in a state, the Governor enjoys extensive executive powers as an agent of the President.
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Chancellor of universities
He acts as the chancellor of universities in the state. He also appoints the vice-chancellors of universities in the state.
Powers of the Governor
Legislative Powers
A Governor is an integral part of the state legislature. In that capacity, he has the following legislative powers and functions:
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Summon, prorogue, dissolve
He can summon or prorogue the state legislature and dissolve the state legislative assembly.
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Addresses
He can address the state legislature at the start of the first session after each general election and the first session of each year.
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Messages
He can send messages to the house or houses of the state legislature, about a bill pending in the legislature or otherwise.
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Presiding members
He can appoint any member of the state legislative assembly to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant. Similarly, he can appoint any member of the state legislative council to preside when the offices of both the Chairman and the Deputy Chairman fall vacant.
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Council nominations
He nominates one-sixth of the members of the state legislative council from among people with special knowledge or practical experience in literature, science, art, the cooperative movement and social service.
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Anglo-Indian member
He can nominate one member of the Anglo-Indian community to the state legislative assembly.
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Disqualification
He decides on the question of disqualification of members of the state legislature, in consultation with the Election Commission.
What the Governor can do with a bill
When a bill passed by the state legislature is sent to the Governor, he can:
- 1Give assentGive his assent to the bill.
- 2Withhold assentWithhold his assent to the bill.
- 3Return itReturn the bill (if it is not a money bill) for reconsideration by the state legislature. However, if the state legislature passes the bill again, with or without amendments, the Governor has to give his assent.
- 4Reserve it for the PresidentReserve the bill for the consideration of the President. In one case such reservation is obligatory: where the bill passed by the state legislature endangers the position of the state High Court.
In addition, the Governor can also reserve a bill if it is:
- (i)Ultra vires, i.e. against the provisions of the Constitution
- (ii)Opposed to the Directive Principles of State Policy
- (iii)Against the larger interest of the country
- (iv)Of grave national importance
- (v)Dealing with compulsory acquisition of property under Article 31A of the Constitution
Ordinances
He can promulgate ordinances when the state legislature is not in session. These ordinances must be approved by the state legislature within six weeks of its reassembly. He can also withdraw an ordinance at any time. This is the Governor’s most important legislative power.
Reports
He lays the reports of the State Finance Commission, the State Public Service Commission and the Comptroller and Auditor-General relating to the state’s accounts before the state legislature.
Powers of the Governor
Financial and Judicial Powers
The budget, money bills and the Contingency Fund; pardons, and a say in appointing judges.
Financial powers
- 1He sees that the Annual Financial Statement (state budget) is laid before the state legislature.
- 2Money bills can be introduced in the state legislature only with his prior recommendation.
- 3No demand for a grant can be made except on his recommendation.
- 4He can make advances out of the Contingency Fund of the state to meet any unforeseen expenditure.
- 5He constitutes a finance commission every five years to review the financial position of the panchayats and the municipalities.
Judicial powers
- 1He can grant pardons, reprieves, respites and remissions of punishment, or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter to which the state’s executive power extends.
- 2He is consulted by the President while appointing the judges of the state High Court.
- 3He makes appointments, postings and promotions of district judges in consultation with the state High Court.
- 4He also appoints persons to the judicial service of the state (other than district judges) in consultation with the state High Court and the State Public Service Commission.
The actual position of the Governor
Nominal Head or Real Power?
He is appointed by the President by warrant under his hand and seal. In a way, he is a nominee of the central government.
Supreme Court, 1979
But, as the Supreme Court held in 1979, the office of Governor of a state is not employment under the central government. It is an independent constitutional office and is not under the control of, or subordinate to, the central government.
The Constitution of India provides for a parliamentary form of government in the states, as at the Centre. So the Governor has been made only a nominal executive; the real executive is the council of ministers headed by the Chief Minister. In other words, the Governor has to exercise his powers and functions with the aid and advice of the council of ministers headed by the Chief Minister, except in matters where he is required to act in his discretion (i.e. without the advice of ministers).
In estimating the Governor’s constitutional position, particular reference has to be made to Articles 154, 163 and 164:
Art. 154
The executive power of the state shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him, in accordance with this Constitution.
Art. 163
There shall be a council of ministers with the Chief Minister as the head to aid and advise the Governor in the exercise of his functions, except in so far as he is required to exercise his functions in his discretion.
Art. 164
The council of ministers shall be collectively responsible to the legislative assembly of the state. This provision is the foundation of the parliamentary system of government in the state.
From the above, it is clear that the constitutional position of the Governor differs from that of the President in two respects:
| The Governor | The President |
|---|---|
| The Constitution envisages the possibility of the Governor acting in his discretion at times. | No such possibility has been envisaged for the President. |
| No provision makes ministerial advice binding on the Governor. | After the 42nd Constitutional Amendment (1976), ministerial advice has been made binding on the President. |
The Constitution makes it clear that if any question arises whether a matter falls within the Governor’s discretion or not, the Governor’s decision is final, and the validity of anything he does cannot be called in question on the ground that he ought or ought not to have acted in his discretion.
Discretion and special responsibilities
Discretion, Special Duties and the Governor in Bihar
Where the Governor can act on his own judgement — written into the Constitution, arising from political situations, or assigned by the President.
Constitutional discretion
- Reservation of a bill for the consideration of the President.
- Recommendation for the imposition of President’s Rule in the state.
- While exercising his functions as the administrator of an adjoining union territory (in case of additional charge).
- Currently, the Governor of Bihar does not have such responsibility.
- Determining the amount payable by the Governments of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty accruing from licences for mineral exploration.
- Seeking information from the Chief Minister about the administrative and legislative matters of the state.
Situational discretion
In addition to this constitutional discretion (i.e. the express discretion mentioned in the Constitution), the Governor, like the President, also has situational discretion (i.e. hidden discretion arising from the needs of a prevailing political situation) in the following cases:
- Appointing the Chief Minister when no party has a clear majority in the state legislative assembly, or when the Chief Minister in office dies suddenly and there is no obvious successor.
- Dismissing the council of ministers when it cannot prove the confidence of the state legislative assembly.
- Dissolving the state legislative assembly if the council of ministers has lost its majority.
Special responsibilities
Moreover, the Governor has certain special responsibilities to discharge according to directions issued by the President. Here, though the Governor has to consult the council of ministers led by the Chief Minister, he finally acts on his discretion:
Maharashtra
Separate development boards for Vidarbha and Marathwada.
Gujarat
Separate development boards for Saurashtra and Kutch.
Nagaland
Law and order, for as long as the internal disturbance in the Naga Hills–Tuensang Area continues.
Assam
Administration of tribal areas.
Manipur
Administration of the hill areas in the state.
Sikkim
Peace, and the social and economic advancement of the different sections of the population.
Arunachal Pradesh
Law and order in the state.
Karnataka
A separate development board for the Hyderabad-Karnataka region.
Is he a mere puppet? The dual role
Thus, the Constitution has assigned a dual role to the office of Governor in the Indian federal system. He is the constitutional head of the state as well as the representative of the Centre (i.e. the President).
The Governor in Bihar: key episodes
- 2005–06
In May 2005, after an election that gave no party a majority, Governor Buta Singh recommended dissolving the Bihar Assembly before it had even met. In Rameshwar Prasad v. Union of India (2006), the Supreme Court held the dissolution unconstitutional and criticised the Governor’s report.
- 2022 & 2024
When Nitish Kumar changed alliances, the Governor swore in each new government quickly: with the RJD-led Mahagathbandhan in August 2022 (Governor Phagu Chauhan), and with the BJP-led NDA again in January 2024 (Governor Rajendra Arlekar).
- April 2026
Governor Lt Gen Syed Ata Hasnain (retd) administered the oath to Samrat Choudhary, Bihar’s first BJP Chief Minister, after Nitish Kumar stepped down.
- Universities
As chancellor of Bihar’s state universities, the Governor’s office has at times clashed with the state’s Education Department over appointments and control of universities.
The Chief Minister
How the Chief Minister Is Appointed
The Chief Minister is the real executive authority at the state level. He is the head of the government.
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Article 164
The Constitution does not contain any specific procedure for selecting and appointing the Chief Minister. Article 164 only says that the Chief Minister shall be appointed by the Governor.
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The majority leader
However, this does not mean the Governor is free to appoint anyone as Chief Minister. In line with the conventions of the parliamentary system, the Governor has to appoint the leader of the majority party in the state legislative assembly as Chief Minister.
But when no party has a clear majority in the assembly, the Governor may use his personal discretion in selecting and appointing the Chief Minister. In such a situation, the Governor usually appoints the leader of the largest party or coalition as Chief Minister and asks him to seek a vote of confidence in the House within a month.
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Sudden death
The Governor may have to use his individual judgement in selecting and appointing the Chief Minister when the Chief Minister in office dies suddenly and there is no obvious successor.
However, on the death of a Chief Minister, the ruling party usually elects a new leader, and the Governor has no choice but to appoint him as Chief Minister.
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Majority after appointment
The Constitution does not require a person to prove his majority in the legislative assembly before being appointed Chief Minister. The Governor may first appoint him and then ask him to prove his majority in the assembly within a reasonable period.
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Six-month rule
A person who is not a member of the state legislature can be appointed Chief Minister for six months, within which he must be elected to the state legislature; otherwise he ceases to be Chief Minister.
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Either House
According to the Constitution, the Chief Minister may be a member of either of the two Houses of a state legislature.
Powers and functions of the Chief Minister
The Chief Minister’s Powers and Functions
As head of the council of ministers, the channel to the Governor, the leader of the House — and much more.
As head of the state council of ministers:
- The Governor appoints as ministers only those persons recommended by the Chief Minister.
- He allocates and reshuffles portfolios among ministers.
- He can ask a minister to resign, or advise the Governor to dismiss him, in case of difference of opinion.
- He presides over the meetings of the council of ministers and influences its decisions.
- He guides, directs, controls and coordinates the activities of all the ministers.
- He can bring about the collapse of the council of ministers by resigning. Since the Chief Minister is the head of the council of ministers, his resignation or death automatically dissolves it.
- The resignation or death of any other minister, on the other hand, merely creates a vacancy, which the Chief Minister may or may not choose to fill.
Thus, he plays a very significant and highly crucial role in the state administration. However, the discretionary powers enjoyed by the Governor reduce, to some extent, the power, authority, influence, prestige and role of the Chief Minister in the state administration.
Achievements of Chief Minister Nitish Kumar
The Record of Chief Minister Nitish Kumar
Development, governance, power supply, climate action and women’s empowerment under Nitish Kumar’s governments.
Update (2026): Nitish Kumar stepped down as Chief Minister on 14 April 2026, and Samrat Choudhary (BJP) was sworn in as Chief Minister of Bihar on 15 April 2026. The achievements below are those of Nitish Kumar’s governments.
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Vikas Purush
He is known for his dedication to his duties, development work and maintaining law and order. For this he has earned names like ‘Vikas Purush’, ‘Sushasan’, etc.
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Double-digit growth
Under him, Bihar has been continuously registering a double-digit GDP growth rate.
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Better finances
The state government has also improved its budgetary allocation and operational efficiency through the CFMS (Comprehensive Financial Management System) since 2019.
Electricity
Per capita consumption
- 2012–13145 kWh
- 2018–19311 kWh
Per capita electricity consumption in the state rose from 145 kWh in 2012–13 to 311 kWh in 2018–19, a growth of 114% in six years.
Hours of power a day
| Area | Before | Now |
|---|---|---|
| Rural | 6–8 hrs | 20–22 hrs |
| Urban | 10–12 hrs | 22–24 hrs |
The availability of power has increased from an average of 6–8 hours to 20–22 hours in rural areas, and from 10–12 hours to 22–24 hours in urban areas.
Power capacity available
- 20183,889 MW
- 20194,767 MW
The power capacity available in the state was 3,889 MW in 2018, which increased to 4,767 MW in 2019; to meet rising demand, the state government also planned additional capacity of 5,335 MW from different sources in a phased manner by 2021–22.
Climate change
The state government has also launched the flagship Jal-Jeevan-Hariyali programme to “tackle issues related to climate change and environmental degradation”.
Women’s empowerment
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50% in panchayats
Under him, Bihar became the first state to give 50 per cent reservation to women (in 2005) in Panchayati Raj institutions. Many states followed, and the Centre is now also considering it.
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35% in government jobs
35% reservation for women in state government jobs.
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Cycles for girls
He made girls’ education a priority and started the cycle scheme for girls in Bihar. The scheme has been applauded the world over.
Students
He started a loan scheme for poor students of Bihar without any bank guarantee: the Student Credit Card Scheme.
Similarly, mention the state government’s other schemes for different sectors, and their results.
Example: Other well-known schemes of Nitish Kumar’s governments include the ‘Saat Nischay’ (seven resolves, 2015) such as Har Ghar Nal ka Jal (tap water to every home) and Har Ghar Bijli (power to every home); the JEEViKA self-help-group programme for rural women; and the Mukhyamantri Kanya Utthan Yojana for girls’ education.
Exam preparation
BPSC Mains Previous Year Questions
Every question this page prepares you for, with the parts that answer it.
Q1BPSC (2019)
Critically examine the role of the Governor in state politics in India, particularly in Bihar. Is he a mere puppet?
Q2BPSC (2018)
Discuss the powers and actual position of the Governor in Bihar politics.
Q3BPSC (2012)
Discuss the powers and functions of the Governor and his role in Bihar.
Q4BPSC (1997)
Discuss the powers of the Governor and explain his role with reference to the recent developments in Bihar.
Q5BPSC (1993)
Examine the status and powers of the Governor of an Indian State.
Q6BPSC (2002)
How is the Chief Minister of a state appointed? Critically examine the powers, functions and achievements of the present Bihar Chief Minister.
“He is the constitutional head of the state as well as the representative of the Centre.”
Curated for BPSC, UPSC & State PCS Civil Services Aspirants | Indian Polity Master Module