The Governor under the Indian Constitution: Appointment, Tenure, Removal and Powers under Articles 153 to 161
The Constitution of India establishes a federal system of government in which powers are divided between the Union and the States. Just as the President is the constitutional head of the Union, the Governor acts as the constitutional head of the State. The office of the Governor occupies a significant position in the constitutional framework because the Governor functions as the formal executive authority in the State while also acting as a vital link between the Union and State governments.
Articles 153 to 161 of the Constitution of India deal with the office of the Governor, including appointment, qualifications, tenure, powers, and functions. The Governor plays an important role in maintaining constitutional governance within the State and ensuring that the administration functions according to constitutional principles.
Article 153 provides that there shall be a Governor for each State. However, the Constitution also permits the appointment of the same individual as Governor for two or more States. The office of the Governor is therefore a constitutional necessity for every State in India.
The Governor acts as the nominal or constitutional executive head of the State, while the real executive powers are exercised by the Chief Minister and the Council of Ministers. This arrangement reflects the parliamentary form of government adopted in India, both at the Union and State levels.
The office of the Governor was influenced by the Government of India Act, 1935, under which Governors possessed extensive discretionary powers. However, the framers of the Constitution intended the Governor to function primarily as a constitutional head acting on the aid and advice of the Council of Ministers, except in certain exceptional situations where discretion is permitted.
Article 155 provides that the Governor of a State shall be appointed by the President by warrant under his hand and seal. Thus, unlike the President of India who is indirectly elected, the Governor is nominated by the Union government.
The Constitution-makers deliberately chose nomination rather than election because they wanted to avoid conflicts between the Governor and the elected State government. Direct election of Governors might have created rival centres of authority within the State.
The appointment process also reflects the federal structure of India, where the Union government retains an important role in State administration.
Article 157 lays down the qualifications required for appointment as Governor. A person must be a citizen of India and must have completed the age of thirty-five years.
The Constitution does not require the Governor to possess any educational qualifications or political experience. However, in practice, Governors are often retired judges, civil servants, military officers, politicians, or experienced public figures.
Article 158 further provides that the Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State. If a member of Parliament or State Legislature is appointed Governor, the seat is deemed vacant upon assuming office.
The Governor is also prohibited from holding any other office of profit. This provision ensures impartiality and independence of the office.
The Governor is entitled to official residence, salary, allowances, and privileges as determined by Parliament. These emoluments cannot be diminished during the term of office.
Article 156 provides that the Governor holds office during the pleasure of the President. Although the Constitution mentions a term of five years, the Governor does not enjoy guaranteed tenure because the President may remove the Governor at any time.
Thus, the Governor technically remains in office as long as the President wishes. However, the Governor continues to hold office until a successor assumes charge, even after expiration of the five-year term.
The Governor may also resign before completion of tenure by addressing resignation to the President.
The phrase “during the pleasure of the President” has often generated constitutional and political debate because Governors are appointed by the Union government but function within States governed by elected State governments.
The Supreme Court clarified the issue of removal of Governors in B. P. Singhal v. Union of India. The Court held that although Governors hold office during the pleasure of the President, removal cannot be arbitrary, capricious, or unreasonable.
The Court emphasized that Governors should not be removed merely because of political differences or change of government at the Centre. However, the President is not required to provide reasons for removal.
The Governor takes an oath before entering office under Article 159. The oath is administered by the Chief Justice of the High Court or, in his absence, the senior-most judge available.
The Governor swears to preserve, protect, and defend the Constitution and the law and to devote himself to the service and welfare of the people.
The powers of the Governor can broadly be classified into executive powers, legislative powers, financial powers, judicial powers, discretionary powers, and emergency-related powers.
The executive powers of the Governor are extensive in form. Article 154 states that the executive power of the State shall be vested in the Governor and shall be exercised directly or through subordinate officers according to the Constitution.
The Governor appoints the Chief Minister and, on the advice of the Chief Minister, appoints other ministers. The Council of Ministers holds office during the pleasure of the Governor, although in reality ministers remain in office as long as they enjoy confidence of the Legislative Assembly.
The Governor also appoints the Advocate General of the State, the State Election Commissioner, and members of State Public Service Commissions.
All executive actions of the State government are taken in the name of the Governor. The Governor also makes rules regarding the allocation and transaction of government business.
Although these powers appear extensive, the Governor generally acts on the aid and advice of the Council of Ministers headed by the Chief Minister under Article 163.
The legislative powers of the Governor are equally important. The Governor summons, prorogues, and dissolves the State Legislature. The Governor addresses the first session of the Legislature after each general election and the first session each year.
No bill passed by the State Legislature becomes law without the assent of the Governor. The Governor may give assent, withhold assent, return certain bills for reconsideration, or reserve bills for consideration of the President.
Reservation of bills for Presidential consideration is an important constitutional function. Certain bills involving constitutional issues, conflict with Union laws, or matters of national importance may be reserved by the Governor for the President’s decision.
When the Legislature is not in session, the Governor may promulgate ordinances under Article 213. Ordinances have the same force as laws passed by the Legislature but must be approved by the Legislature within a specified time after reassembly.
The financial powers of the Governor are also significant. A Money Bill cannot be introduced in the State Legislature without prior recommendation of the Governor.
The annual budget of the State is laid before the Legislature in the name of the Governor. The Governor also recommends demands for grants and controls the State Contingency Fund.
The judicial powers of the Governor are provided under Article 161. The Governor has the power to grant pardons, reprieves, respites, remissions, or commutations of punishment for offences against laws relating to matters within the executive power of the State.
The Governor may suspend, remit, or commute sentences under State laws. However, unlike the President under Article 72, the Governor cannot pardon death sentences independently in cases involving Union laws.
The pardoning power is intended to provide humanitarian relief and correct possible judicial errors.
The Governor also plays an important role in appointment of judges to the High Courts. The President consults the Governor while appointing judges of the High Court.
One of the most debated aspects of the office of Governor concerns discretionary powers. Article 163 states that the Governor shall act on the aid and advice of the Council of Ministers except in matters where the Constitution requires discretion.
The Constitution does not clearly define all discretionary powers, leading to constitutional controversies and judicial interpretation.
Some important situations where the Governor may act in discretion include appointment of a Chief Minister when no party has clear majority, dismissal of a government that has lost majority support, dissolution of the Legislative Assembly, and reservation of bills for Presidential consideration.
The Governor may also send reports to the President under Article 356 recommending imposition of President’s Rule if constitutional machinery in the State fails.
This emergency-related function makes the Governor an important constitutional link between the Union and the States.
However, the discretionary powers of Governors have often attracted criticism. Several State governments have accused Governors of acting as agents of the Union government rather than neutral constitutional authorities.
Controversies frequently arise concerning invitation to form government, floor tests, reservation of bills, and recommendations for President’s Rule.
The misuse of Article 356 and partisan role of Governors became major constitutional issues in Indian politics.
The Supreme Court addressed some of these concerns in S. R. Bommai v. Union of India, where the Court imposed judicial limitations on arbitrary use of President’s Rule.
The Court emphasized federalism, constitutional morality, and floor tests in determining legislative majority.
Several commissions such as the Sarkaria Commission and Punchhi Commission recommended reforms regarding appointment and functioning of Governors.
These commissions suggested that Governors should be politically neutral, eminent individuals not actively involved in politics, and should not act arbitrarily or as representatives of the ruling party at the Centre.
The Governor also performs ceremonial and symbolic functions as the constitutional head of the State. The office represents dignity, continuity, and constitutional governance within the federal framework.
In practice, the role of the Governor depends significantly on political circumstances. In States where the ruling party at the Centre and State are different, tensions sometimes arise regarding exercise of discretionary powers.
Nevertheless, the office remains essential for maintaining constitutional balance and ensuring adherence to constitutional principles.
Over the years, several distinguished personalities have served as Governors and contributed positively to administration, constitutional governance, education, and public welfare.
The Governor also plays a role in universities as Chancellor in many States, though this role varies according to State laws.
In conclusion, the Governor occupies a crucial position in the constitutional structure of India under Articles 153 to 161 of the Constitution. Appointed by the President, the Governor functions as the constitutional head of the State and exercises executive, legislative, financial, judicial, and discretionary powers. Although the Governor ordinarily acts on the aid and advice of the Council of Ministers, certain discretionary powers allow the office to play an important constitutional role during political uncertainty and constitutional crises. The Governor also acts as a link between the Union and the States within the federal framework. While controversies regarding the role and removal of Governors continue to arise, the office remains an essential institution for maintaining constitutional governance, democratic stability, and federal balance in India.
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