Governor of State in India: Appointment, Powers and Constitutional Role

Subject: GS Paper 2: Polity and Governance

Context: President Droupadi Murmu appointed Governors for six States: Om Prakash Mathur (Kerala), Rajendra Vishwanath Arlekar (Tamil Nadu), Braj Mohan Ram (Odisha), Dr. Sudha Yadav (Karnataka), Dr. Dhal Singh Bisen (Uttarakhand) and Dushyant Gautam (Sikkim). 

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About Governor

• The Governor is the constitutional head of a State and forms part of the State Executive.
• Constitutional Provisions: The Governor’s office is primarily covered under Part VI of the Constitution (Articles 153–167).

Appointment of the Governor

• Constitutional Provision: Under Article 155, the Governor is appointed by the President by warrant under the President’s hand and seal.
• Method of Appointment:
  • The Governor is neither directly elected by the people nor elected by an electoral college.
  • The appointment system follows the model of executive appointment by the Union.
• Appointment for Multiple States: Under Article 153, the same person may be appointed Governor of two or more States, a provision enabled by the 7th Constitutional Amendment Act, 1956.

Qualifications and Conditions of Office

• Qualifications (Article 157): Must be a citizen of India and must have completed 35 years of age.
• Conditions of Office (Article 158):
  • Legislative Membership: Must not be a member of Parliament or a State Legislature; the seat is deemed vacant upon entering office.
  • Office of Profit: Must not hold any other office of profit.
  • Official Residence and Benefits: Is entitled to an official residence, emoluments, allowances, and privileges as provided by law.
  • Protection of Emoluments: Emoluments and allowances cannot be diminished during the term of office.

Oath or Affirmation (Article 159)

• Authority Administering the Oath: The Chief Justice of the concerned High Court administers the oath.
  • In the Chief Justice’s absence, the senior-most available judge of that High Court administers it.

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Term of Office and Removal

• Term of Office: The Governor ordinarily holds office for a term of five years from the date of entering office.
• President’s Pleasure: Under Article 156, the Governor holds office during the pleasure of the President.
• Resignation: The Governor may resign by submitting a written resignation addressed to the President.
• Removal: The Constitution does not prescribe an impeachment procedure or specify fixed grounds for removal of the Governor.

Constitutional Position of the Governor

• Nominal Executive Head: Under Article 154, the executive power of the State is vested in the Governor.
• Real Executive Authority:
  • The Chief Minister and the Council of Ministers exercise day-to-day executive authority.
  • Under Article 163, the Governor normally acts on the aid and advice of the Council of Ministers, except in matters where the Constitution permits the exercise of discretion.
• Collective Responsibility: Under Article 164(2), the Council of Ministers is collectively responsible to the State Legislative Assembly.

Major Issues and Challenges relating to Governor’s Appointment

• Political Neutrality: Political considerations in the appointment and functioning of Governors may undermine the office’s perceived neutrality.
• Tenure and Removal: The pleasure-of-the-President provision under Article 156 raises concerns about the security of tenure and independence of the office.
• Delay in Assent to Bills: Prolonged delays in granting assent to State Bills may create friction between Governors and elected State governments.
• Center–State Relations: Conflicts between Governors and State governments led by different political formations may strain Center–State relations.
• Discretionary Powers: Disputes over government formation, floor tests and reservation of Bills for the President’s consideration may affect constitutional functioning.

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Important Commissions and Judicial Judgments

• Sarkaria Commission Recommendations (1983–1988): 
  • The Governor should be an eminent person distinguished in a particular field.
  • The Governor should preferably belong to a State other than the one in which they are appointed.
  • The Governor should be detached from local politics and should not have been actively involved in politics in the recent past.
  • The appointment process should promote political neutrality.
• Punchhi Commission (2007–2010): Examined reforms concerning the Governor’s tenure, removal and constitutional role.
• Hargovind Pant v. Dr. Raghukul Tilak (1979): The Supreme Court held that the Governor is an independent constitutional officeholder and not an employee of the Central Government.
• B.P. Singhal v. Union of India (2010): Governor’s removal cannot be arbitrary.
• Nabam Rebia v. Deputy Speaker (2016): Clarified the limits of the Governor’s discretionary powers.

News Source: AIR

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