Appointment of the Governor by the president by warrant under his hand and seal. Governor is the constitutional head and the agent of the centre in each state. The governor is neither directly elected by the people nor indirectly elected by a specially constituted electoral college as is the case with the president. The executive authority of every State is vested in the Governor of the state (Article 154). He/She may exercise the same, directly or through the officers subordinate to him. The topic of the Governor is very important for the UPSC Exam. In this article, let us discuss in detail the appointment of the Governor.

Appointment of The Governor

• The president appoints the Governor by warrant under his hand and seal. In some ways, he is a Central Government nominee.
• However, as the Supreme Court ruled in 1979, the office of governor of a state is not a position under the Central government.
• It is a separate constitutional office that is not controlled or subordinate to the central government.
• Part VI of the Constitution addresses state government. Articles 153 to 167, deals with the state executive.
• The governor, chief minister, council of ministries, and state attorney general make up the state executive.
• The Draft Constitution proposed for the governor to be elected directly by universal adult suffrage. However, the Constituent Assembly chose the current system of governor selection by the president.

Appointment of The Governor – Constitutional Provisions

• Article 153 mentions that each state has to have a Governor and can be appointed for two or more states.
• Article 154 mentions that the executive power of the state is vested in the Governor who shall exercise it directly or through his subordinates.
• Article 155 states that the President appoints the Governor under the warrant under his hand and seal.
• Article 156 gives information regarding the term of the governor where the Governor holds office at the pleasure of the President and can hold office for 5 years. He can resign by writing to the President.
• Article 157 mentions that the Governor candidate must be a citizen of India and at least 35 years of age.
• Article 158 talks regarding certain conditions for the office of the Governor such as he/she should not hold the office of profit etc.
• Article 159 provides for the oath to be subscribed in front of the Chief Justice of the High court exercising jurisdiction of the state.

How Is The Governor Appointed?

• The Governor is appointed by the President under the warrant under his hand and seal.
• Before taking office, the governor must take an oath or affirmation and sign it.
• The governor's oath of office is administered by the chief justice of the relevant state high court, or, in his absence, the senior-most judge of that court available.
• Every person discharging the functions of the governor also undertakes the similar oath or affirmation.
• The Governor can be appointed for two or more states as well. For example: Prabha Rau served as the Governor of Rajasthan and Governor of Himachal Pradesh between 2009-2010.
• Similarly, E.S.L Narasimhan served as a Governor of Telangana and Andhra Pradesh between 2014-2019.
• When the same person is appointed as governor of two or more states, the states share the emoluments and allowances payable to him in the proportion established by the president.
• During his time of office, his emoluments and allowances cannot be reduced.

Criteria For Governor Appointment

In order to become a Governor, one has to meet the following set of criteria:

• He/she must be a citizen of India;
• He/she should be at least 35 years;
• He/she cannot hold any office of profit during his tenure
• He/she must not be a Member of Parliament or a Member of any state legislature at the time of appointment.

Conditions of Governor’s office

The Constitution establishes the following conditions for the governor's office:

• He should not be a member of either the House of Commons or the state legislature. If such a person is appointed governor, he is presumed to have left his position in that House on the date he takes office as governor.
• He should not hold any other profit-making position.
• He has the right to use his official dwelling without paying rent (the Raj Bhavan).
• He is entitled to such emoluments, allowances, and privileges as Parliament may prescribe.
• The governor, like the President, has a variety of privileges and immunities. He is immune from legal accountability for his official actions.
• During his tenure of office, he is exempt from criminal prosecution, including for personal activities.
• He is not subject to arrest or imprisonment. Civil procedures can be brought against him during his term of office for personal activities if he gives two months' notice.

Term Of The Governor

• The Governor holds office during the pleasure of the President.
• The Supreme Court ruled that the President's pleasure is unjustifiable. The governor has no job security and no defined term of office. The President has the authority to remove him at any time.
• He can resign at any time by writing to the President.
• A governor may serve beyond his five-year term until his replacement takes over.
• The essential concept is that the state must have a governor and that there cannot be an interregnum.
• The President may make such provisions as he deems appropriate for the discharge of the governor's functions in any circumstance not provided for in the Constitution, For example; the death of a sitting governor.

Important Supreme Court Judgments Regarding Appointment And Removal Of The Governor

B.P. Singhal Vs Union Of India (2010) Case

• The constitutional bench of the Hon'ble Court decided that, while the Central Government has the ability to remove the Governor, it cannot do so arbitrarily and must prove the facts of the case and the reasons for his or her removal. As a result, the Governor cannot be removed simply because the Union administration no longer trusts him.

Criticism Regarding Role Of Governor

• Misuse of Article 356: The Provision of President Rule has to be used as a last resort, however many Governors have used it deliberately to please the Central Government and bring down governments at the state level.
• In 2016, the President's Rule imposed in Arunachal Pradesh was revoked by the Supreme Court.
• Bias towards the Union government: Since the Governor is appointed by the centre and the government appoints some of the candidates who were part of the political party. This would result in undue bias.
• Not far from Political Ideology: Many Governor appointees are either unsuccessful candidates in elections or recent political retired persons. This has resulted in expressing their political ideology from the constitutional office.
• Puppet Rulers and Rubber Stamp of the Centre: Though the Governor is an agent of the centre in the state. It is a constitutional post and needs to act in accordance with the values of the constitution which is not done in most cases.

Conclusion

A state's governor isn't only a figurehead. He has a few powers in his prudence, and he is not bound by the ideas of the state Chief Minister. Governor is far from a meaningless position. The Governor serves as a link between the central government and the state government. Recommendation of Punchhi and 2nd ARC can be implemented to make the role of a Governor independent and effective.

FAQs

MCQs

1. Who appoints the Governor of an Indian state?

A) Prime Minister
B) Chief Minister
C) President of India
D) Speaker of the Lok Sabha

2. What is the minimum age required to be appointed as a Governor in India?

A) 30 years
B) 35 years
C) 40 years
D) 45 years

3. How long does a Governor hold office in an Indian state?

A) 3 years
B) 4 years
C) 5 years
D) 6 years

4. Which of the following powers does the Governor exercise during a hung assembly situation?

A) Judicial powers
B) Legislative veto
C) Discretionary powers
D) None of the above

5. Can a Governor hold any other office of profit?

A) Yes
B) No
C) Only with the President's consent
D) Only with the Prime Minister's consent

GS Mains Questions and Model Answers

Q1: Discuss the process of appointment and removal of a Governor in India. How does it impact the federal structure of the country?

Answer: The Governor of an Indian state is appointed by the President on the advice of the central government, serving as the constitutional head of the state. The Constitution outlines minimal eligibility criteria: the individual must be a citizen of India and at least 35 years old. The removal of a Governor is also at the discretion of the President, often based on the advice of the central government, without the need for justification. This discretionary removal power has raised questions about the autonomy of the Governor's role and its implications for the federal structure of India. Critics argue that the frequent removal and appointment of Governors based on political considerations can undermine the federal balance by making the office an instrument of the central government. To strengthen federalism, experts recommend clear guidelines for the appointment and removal process, ensuring it is more transparent and objective.

Q2: Examine the constitutional role and functions of a Governor in maintaining the administration of a state. How effective has the Governor's role been in ensuring state governance?

Answer: The Governor plays a pivotal role as the constitutional head of a state, ensuring that the state administration operates according to the provisions of the Constitution. Key functions include summoning and proroguing the state legislature, giving assent to bills, and reserving certain bills for the President's consideration. The Governor also acts as a bridge between the state and the central government, reporting on the state's situation when necessary. Additionally, during a constitutional crisis or hung assembly, the Governor exercises discretionary powers to maintain order and continuity in governance. While the Governor's role has been effective in many cases, there have been instances where the impartiality of the office has been questioned, especially when influenced by political considerations. Strengthening the guidelines for exercising discretionary powers and maintaining a non-partisan approach can enhance the effectiveness of the Governor's role.

Q3: Analyze the criticisms related to the powers and discretionary functions of the Governor. Suggest reforms to improve the functioning of the Governor's office.

Answer: The powers and discretionary functions of the Governor have been subjects of debate due to potential misuse for political gains. Critics point out that the appointment and removal processes, coupled with discretionary powers like recommending President's Rule, have at times been used to destabilize state governments. Such actions can erode the federal structure and reduce public trust in the impartiality of the office. Reforms to improve the functioning of the Governor's office include implementing clearer guidelines for the use of discretionary powers, ensuring greater transparency in the appointment process, and making the Governor's role more accountable. The Supreme Court's judgements emphasizing the non-partisan nature of the office should be adhered to more strictly. Enhanced training for Governors on constitutional provisions and their role can also promote a more balanced and effective functioning of the office.

Previous Year Questions on Appointment of Governor

1. UPSC CSE Prelims 2021:

Question: Who has the power to appoint the Governor of a state in India?

A) Chief Justice of India
B) Prime Minister
C) President of India
D) Vice President

Answer: (C)

Explanation: The Governor of a state in India is appointed by the President, based on the recommendation of the central government.

2. UPSC CSE Mains 2020 (GS Paper 2):

Question: "Critically evaluate the discretionary powers of the Governor and their impact on state politics. How can these powers be regulated to ensure federal integrity?"

Answer: The Governor's discretionary powers, such as recommending President's Rule and deciding on a Chief Minister in case of a hung assembly, have significant implications for state politics. While these powers are intended to maintain constitutional order, their use has sometimes been perceived as politically motivated, affecting the autonomy of state governments. This has raised concerns over the impact on India's federal structure. To regulate these powers, reforms such as codifying the circumstances under which discretionary powers can be exercised and ensuring greater judicial oversight could be implemented. Strengthening the conventions around the Governor's role and promoting impartiality can help maintain the balance between state autonomy and central oversight, preserving the integrity of the federal system.