Appointment and Term of Office of the Governor (Articles 155–156)

At a Glance

• What it is How the Governor is appointed and how long the Governor serves
• Articles Articles 153 to 167; 155 (appointment) and 156 (term)
• Appointed by The President by warrant under hand and seal
• Term Five years, subject to the pleasure of the President
• Exam link UPSC Prelims, Polity: Governor

Where Does It Fit?

This is the first topic of the category on the Governor. The Constitution envisages the same pattern of government in the states as at the Centre, a parliamentary system. Articles 153 to 167 in Part VI deal with the state executive, which consists of the Governor, the Chief Minister, the council of ministers and the Advocate General.

The Governor as Head of the State

The Governor is the chief executive head of the state but, like the President, a nominal executive head. The Governor also acts as an agent of the central government, so the office has a dual role. There is no office of vice-governor like the Vice-President at the Centre. Usually there is a Governor for each state, but the 7th Constitutional Amendment Act of 1956 enabled the appointment of the same person as Governor for two or more states.

Mode of Appointment

The Governor is neither directly elected by the people nor indirectly elected by a special electoral college, unlike the President. The Governor is appointed by the President by warrant under his hand and seal and is in a way a nominee of the Central government. In Hargovind Pant v. Raghukul Tilak (1979) the Supreme Court held that the office of Governor is not an employment under the Central government but an independent constitutional office not under the control of or subordinate to it.

The Draft Constitution provided for direct election of the Governor, but the Constituent Assembly chose appointment by the President, accepting the Canadian model in which the governor of a province is appointed by the centre and dropping the American model of a directly elected governor. The reasons included that direct election is incompatible with the parliamentary system in the states; it would create conflicts between the Governor and the Chief Minister; it would be pointless and costly for a nominal head; an elected Governor would belong to a party and not be neutral; it would create separatist tendencies; the system of presidential nomination enables the Centre to maintain control over states; and the Chief Minister would want his nominee to contest.

Models Considered

The Constituent Assembly debated the issue and opted for appointment because an elected Governor would naturally belong to a party and not be a neutral, impartial head, and because a second-rate member of the ruling party could be elected as Governor at the Chief Minister’s wish.

Term of Office

A Governor holds office for five years from the date of entering upon office, subject to the pleasure of the President. The Governor can resign at any time by addressing the resignation letter to the President. In Surya Narain v. Union of India (1981), the Supreme Court held that the pleasure of the President is not justiciable, so the Governor has no security of tenure and no fixed term and may be removed at any time. The Constitution lays down no grounds for removal. In 1989 the National Front Government of V.P. Singh asked all Governors to resign as they had been appointed by the Congress government; some were replaced and some continued. In 1991 the Congress government of P.V. Narasimha Rao changed fourteen Governors appointed by the V.P. Singh and Chandra Shekhar governments.

The President may transfer a Governor from one state to another for the rest of the term, and a Governor whose term has expired may be reappointed in the same or another state. The Governor can hold office beyond five years until the successor assumes charge, because there cannot be an interregnum. The President can make provision for the discharge of Governor’s functions in any contingency not provided for, for example the death of a sitting Governor.

Why Is This Topic Important?

• Basic facts Mode of appointment and tenure are standard
• Hargovind Pant Independent constitutional office
• Mains angle Politicisation of the office

What Came Next?

The next topic covers qualifications for appointment as Governor under Article 157.

Key People and Terms

• Warrant Formal order under hand and seal
• Nominal executive Head without real power
• Pleasure of the President Tenure at the President’s will
• Interregnum A gap with no head
• Dual role Constitutional head and Centre’s agent

Exam Corner

Mains Angle

Questions on this topic usually ask about the appointment and politicisation. Use these points to add depth.

• Dual role Constitutional head and agent
• Mode of appointment Constituent Assembly reasons
• Tenure insecurity Pleasure doctrine
• Political changes 1989 and 1991