The constitutional role of the Uttar Pradesh governor

The governor is the constitutional head of Uttar Pradesh. Article 153 provides a governor for each state, and Article 154 vests the executive power of the state in the governor. In practice that power is exercised on the aid and advice of the council of ministers headed by the chief minister, as Article 163 sets out.

The governor is appointed by the President under Article 155 and holds office during the pleasure of the President under Article 156. The ordinary term is five years. A governor must be a citizen of India and must have completed 35 years of age (Article 157).

Powers linked to the assembly

Under Article 174 the governor summons and prorogues the legislature and may dissolve the assembly, ordinarily on the advice of the council of ministers. The governor addresses the first session of a new assembly and the first session of each year, as provided in Article 176.

A bill passed by the legislature goes to the governor. Under Article 200 the governor may assent, withhold assent, return a bill other than a money bill for reconsideration, or reserve it for the consideration of the President. If a returned bill is passed again, assent cannot then be withheld.

Ordinances, appointments and reports

When the legislature is not in session, the governor can promulgate an ordinance under Article 213. It must be approved by the legislature within six weeks of reassembly, or it lapses. The governor also appoints the chief minister (Article 164) and the advocate general (Article 165).

If the constitutional machinery in a state is seen to fail, the governor may report to the President. That is the route to President’s rule under Article 356. Since the Supreme Court’s S.R. Bommai judgment of 1994, the emphasis has been on testing a majority on the floor of the House.

The limits of discretion

Some of the governor’s functions are treated as discretionary, such as reserving a bill for the President or deciding whom to invite in a hung House. Even that discretion is bound by constitutional convention and judicial interpretation. Under state laws the governor is also chancellor of state universities.

Key points

• The governor is the constitutional head of Uttar Pradesh.
• Under Article 174 the governor summons and prorogues the legislature and may dissolve the assembly, ordinarily on the advice of the council
• When the legislature is not in session, the governor can promulgate an ordinance under Article 213.
• Some of the governor’s functions are treated as discretionary, such as reserving a bill for the President or deciding whom to invite in a

The structure of the House

The Uttar Pradesh legislative assembly has 403 seats. Of these, 84 are reserved for Scheduled Castes and 2 for Scheduled Tribes. The majority mark is 202. The state sends 80 members to the Lok Sabha and 31 to the Rajya Sabha. The legislative council is a separate House whose members come through different electorates and nomination.

Official 2022 figures for context

For context, the 2022 assembly election had 15,12,46,168 electors and 9,21,62,897 votes polled, with statewide turnout of 60.94 percent. The BJP won 255 seats on 41.29 percent and the Samajwadi Party 111 seats on 32.06 percent. Apna Dal (S) won 12, the RLD 8, the SBSP and NISHAD Party 6 each, Congress and the Jansatta Dal Loktantrik 2 each, and the BSP 1.

Also read:

• Ayodhya district assembly results 2022
• Budaun district assembly results 2022
• Mathura district assembly results 2022

Source: Election Commission of India. Figures are from official statistical reports.

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