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Question

The Governor holds office for a period of ______.

The correct answer is

During the pleasure of the president

Understanding the Governor's Term of Office in India

The question asks about the duration for which a Governor holds office. The term of office for the Governor in India is a significant aspect of the country's federal structure, outlined in the Constitution.

Analyzing the Options for the Governor's Tenure

Let's examine the provided options regarding the Governor's term:

  • Option 1: 4 years - This suggests a fixed term.
  • Option 2: 3 years - This also suggests a fixed term.
  • Option 3: During pleasure of the Chief minister - This links the Governor's tenure to the state's Chief Minister.
  • Option 4: During the pleasure of the president - This links the Governor's tenure to the President of India.

Constitutional Provision for the Governor's Term

The Constitution of India deals with the Governor's office under Part VI, which concerns the States. Specifically, Article 156 talks about the term of office of the Governor.

  • Article 156(1) states: “The Governor shall hold office during the pleasure of the President.”
  • Article 156(3) states: “Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office: Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.”

While Article 156(3) mentions a term of five years, Article 156(1) is the overriding factor. This means that although a Governor is typically appointed for five years, their continuance in office is dependent on the pleasure of the President. The President can remove a Governor from office at any time, without stating any reason. Thus, the “pleasure of the President” clause makes the five-year term not fixed or guaranteed.

Why 'During the pleasure of the president' is the Correct Answer

Based on Article 156(1) of the Constitution, the primary determinant of the Governor's tenure is the pleasure of the President. Options 1 and 2 are incorrect because the term is not a fixed 3 or 4 years; while a 5-year term is mentioned, it is subject to the President's pleasure. Option 3 is incorrect as the Governor's tenure is linked to the President, not the state's Chief Minister.

Therefore, the most accurate description of the Governor's term, reflecting the constitutional reality, is that they hold office during the pleasure of the President.

Constitutional Article Key Provision
Article 153 There shall be a Governor for each State.
Article 155 Governor of a State shall be appointed by the President by warrant under his hand and seal.
Article 156(1) Governor shall hold office during the pleasure of the President.
Article 156(3) Subject to (1), Governor holds office for 5 years.

Revision Table: Governor's Appointment and Term

Aspect Details
Appointing Authority President of India
Basis of Appointment Warrant under hand and seal of the President
Normal Term Five years from assuming office (Article 156(3))
Overriding Tenure Condition During the pleasure of the President (Article 156(1))
Removal By the President, at any time, based on the pleasure doctrine.

Additional Information: Role and Removal of Governor

The Governor acts as the constitutional head of the state executive and is also the representative of the Central Government in the state. The doctrine of 'pleasure of the President' is crucial because it signifies that the Governor does not have security of tenure and can be removed by the President at any time. This power has been a subject of debate and judicial interpretation, particularly concerning the grounds for removal. The Supreme Court has held that the power of removal must be exercised in an arbitrary, capricious, or unreasonable manner.

The Governor can also resign from their office by writing to the President (Article 156(2)). When a Governor's term expires, they continue in office until a successor takes charge.

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Important Questions from State Government

  1. The term of office of the Governor is

  2. Who is the Chairman of current Legislative Council of Bihar ?

  3. Who is the Constitutional head of the state government?

  4. Which of the following Indian states does not currently possess a Legislative Council (Vidhan Parishad)?
  5. Considering the current administrative divisions of India as of $2024$, how many states currently have a Bicameral Legislature (Vidhan Parishad)?

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