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

The Governor of a state in India serves as its chief executive, appointed by the President. This role is largely ceremonial but also acts as a link between the state and central government. Governed by Articles 153 to 161 of the Constitution, the Governor’s responsibilities and powers are significant yet defined. Understanding these roles helps clarify the functioning of state governance in India.

The Role and Appointment of the Governor in India

Article 153 – Dual Role of the Governor

• Existence of the Governor: Article 153 states that there shall be a Governor for each state. 
• Dual Role of the Governor: The Governor holds the title of the chief executive of the state. However, similar to the president, the Governor’s role is largely ceremonial. 
  • Besides this, the Governor also serves as an agent of the central government, giving the office of Governor a dual role.
• Governors for Multiple States: Typically, each state has its own Governor, but the 7th Constitutional Amendment Act of 1956 made it possible for one individual to serve as the Governor for two or more states.

Appointment to the Office of the Governor ( Article 155)

Appointment Process: The Governor is not elected by the public vote.

• The position is filled without an electoral college unlike the presidential elections.

• Presidential Appointment: The Governor is appointed by the President by warrant under his hand and seal.
• Consultation with Chief Minister: There is a convention that the  Chief Minister of the state may be consulted before the appointment 
• Discharge of Functions: The President may make such provisions as he thinks fit for the discharge of the functions of the Governor of a state in any contingency not provided in the constitution.
• Role as Central Government Agent: The appointee essentially acts on behalf of the Central government.
• Distinct Constitutional Entity: However, according to Hargovind Pant vs Dr. Raghukul Tilak & ors. 1979, this office does not equate to employment under the Central Government. 
  • The office is a distinct constitutional entity.
  • It operates independently, without subordination to the Central government.

• Rejection of the Elected Governor System: Hence, the system where state Governors are elected by the people, as practiced in the United States of America, was rejected.

• Adoption of the Canadian Approach: Instead, the approach used in Canada was adopted, where a state’s Governor is appointed by a central figure, the Governor-General. 
  • This method was agreed upon by the Constituent Assembly of India that the Governor should be appointed by the President. 
• Constitutional Requirements for Appointment: The Constitution specifies only two requirements for someone to be appointed as a Governor (Article 157)

1. He should be a citizen of India.
2. He should have completed the age of 35 years.

• Emergence of Appointment Conventions: Over time, two conventions have emerged. 
  • First, the appointee should not be from the state they will govern, ensuring that they are not influenced by local political issues. 
  • Second, the President should seek the input of the state’s Chief Minister when appointing a Governor, to promote harmony in the state’s governance. 
  • However, there have been instances where these practices have not been followed.

Conditions of Governor’s Office (Article 158)

• The Constitution has laid down following conditions for the Governor’s office:

Privileges and Immunities to the office of the Governor

• Role and Significance: The President and Governors of States are crucial figures in the governance of India, with significant powers and responsibilities. 
• Legal Protections: Article 361 of the Indian Constitution provides legal protections to the President and Governors of States from civil and criminal proceedings.
• Privileges and Immunities under Article 361: Under Article 361 the Governor, like the President, is entitled to a number of privileges and immunities. He enjoys following immunities:
  • Protection from Legal Proceedings
  • Immunity from Civil Proceedings
  • Immunity from Criminal Proceedings

Oath or Affirmation to the office of Governor 

Oath or Affirmation Requirement: Under Article 159 ,the Governor has to make and subscribe to an oath or affirmation before entering upon his office. 

• Content of the Oath: In his oath, the Governor swears:

• • to faithfully execute the office;
  • to preserve, protect and defend the Constitution and the law; and
  • to devote himself to the service and well-being of the people of the state.
• Administration of the Oath: The oath of office to the Governor is administered by the Chief Justice of the concerned state High Court and in his absence, the senior-most Judge of that Court available. 
• Oath for Acting Governors: Every person discharging the functions of the Governor also undertakes the similar oath or affirmation.

Provisions related to Term and Tenure of the office of Governor

• Term and Resignation of the Governor: A Governor holds office for a term of five years and this term is subjected to the pleasure of the President. 
  • Moreover, a Governor can resign at any time by addressing a resignation letter to the President.
• Supreme Court on Presidential Pleasure: The Supreme Court has held that the pleasure of the President is not justifiable. 
  • The Governor has no security of tenure and no fixed term of office, he/she may be removed by the President at any time.
• Lack of Grounds for Removal: The Constitution has not laid down any grounds for the Governor’s removal by the President. 
  • The President holds the power to transfer a Governor from one state to another. 
  • Further, a Governor can be reappointed in the same or any other state.
• Holding Office Beyond Term: He/she may hold office beyond his term of five years until his successor assumes charge to uphold the idea that there can not be an interregnum, there must be a Governor in the state. 
  • In any contingency not provided in the Constitution, the President has the power to make provisions for the discharge of the Governor’s duties (Article 160)

Important Judicial Verdicts related removal of Governor

Surya Narain Choudhary vs Union of India (1981): The Rajasthan High Court held that the pleasure of the President was not justiciable as the Governor had no security of tenure and can be removed at any time by the President withdrawing pleasure.

• BP Singhal vs Union of India (2010): The Supreme Court elaborated on the pleasure doctrine. It upheld that “no limitations or restrictions are placed on the ‘at pleasure’ doctrine”, but that “does not dispense with the need for a cause for withdrawal of the pleasure”.
• The Bench held that the court will presume that the President had “compelling and valid” reasons for the removal but if a sacked Governor comes to the court, the Centre will have to justify its decision.

Conclusion

In summary, the Governor plays a crucial part in maintaining the balance of power between the state and central government. 

• With the authority to appoint, advise, and oversee, the Governor’s position is vital for effective governance. 
• The legal frameworks surrounding this role ensure both accountability and independence. Thus, the Governor is key to upholding democratic principles in India’s federal structure.

DOWNLOAD PDF