Maarg Manthan · Topic 21.2

Qualifications for Appointment as Governor (Article 157)

Indian Polity › Governor · Topic 21.2

Under Article 157 a Governor must be an Indian citizen of at least 35 years; the Sarkaria Commission added norms of eminence, detachment from local politics and being from outside the state, and the oath is taken before the High Court Chief Justice.

5 min read · UPSC Prelims · Polity · Governor

At a Glance

What it is The eligibility conditions for the Governor
Article Article 157; oath in Article 159
Qualifications Indian citizen and 35 years of age
Oath by Chief Justice of the High Court
Exam link UPSC Prelims, Polity: Governor

Where Does It Fit?

This is the second topic of the category on the Governor. The Constitution lays down only two qualifications for the appointment of a Governor. The Sarkaria Commission recommended additional criteria in practice.

The Two Constitutional Qualifications

The person should be a citizen of India.
The person should have completed the age of 35 years.

The Constitution thus does not require any experience, residence or party neutrality. This is why the Sarkaria Commission on Centre-State Relations (1983-88) suggested norms for selection.

Sarkaria Commission Recommendations

The Commission recommended that a Governor should be eminent in some walk of life; a person from outside the state; a detached figure not too intimately connected with local politics; and a person who has not taken too great a part in politics generally, particularly in the recent past. It also said that it is desirable that a politician from the ruling party at the Centre is not appointed Governor of a state run by another party or combination. To ensure effective consultation with the state Chief Minister, the procedure should be prescribed in the Constitution by amending Article 155. The Vice-President and the Speaker of the Lok Sabha may be consulted by the Prime Minister in selecting a Governor, confidentially and informally, not as a constitutional obligation.

Point	Constitution	Sarkaria recommendation
Citizenship	Required	Same
Age	35 years	Same
Eminence	Not required	Eminent in some walk of life
Domicile	Not required	Person from outside the state
Political connection	Not barred	Detached from local politics; no recent heavy politics
Consultation	Not mentioned	With the state Chief Minister; informal consultation with Vice-President and Speaker

Oath or Affirmation

Before entering upon office, the Governor makes and subscribes an oath or affirmation to faithfully execute the office, to preserve, protect and defend the Constitution and the law, and to devote himself or herself to the service and well-being of the people of the state. The oath is administered by the Chief Justice of the concerned state High Court, and in his absence by the seniormost judge of that court available. Every person discharging the functions of the Governor also takes a similar oath or affirmation. This is Article 159. The comparison with the President is useful: the President’s oath is administered by the Chief Justice of India, the Governor’s by the High Court Chief Justice, and both swear to preserve, protect and defend the Constitution and the law.

Qualifications of High Constitutional Offices Compared

Office	Citizen	Age	Other qualification
President	Yes	35	Qualified for election to the Lok Sabha; no office of profit
Vice-President	Yes	35	Qualified for election to the Rajya Sabha; no office of profit
Governor	Yes	35	None specified in Article 157
Supreme Court judge	Yes	No minimum	Five years as high court judge, ten years as advocate, or distinguished jurist
High Court judge	Yes	No minimum	Ten years in judicial office or ten years as advocate

The table shows that Article 157 is the most basic of the qualification provisions for high offices. Whereas the President and Vice-President must be qualified for membership of a House of Parliament and must hold no office of profit, the Governor is subject to the later bar in Article 158 rather than a qualification in Article 157.

What the Qualifications Do Not Say

Unlike for the President, no qualification for membership of a legislature is needed. Unlike the Vice-President, no office-of-profit disqualification is spelled out in Article 157 itself, though the conditions of office in Article 158 bar the Governor from holding any other office of profit. These gaps leave the choice of Governor largely to the Union executive. Governors have been appointed from among politicians, retired civil servants, judges, military officers and others. The Sarkaria norms are recommendations only and have no legal force, which is why concerns about the neutrality of the office have continued.

Why Is This Topic Important?

Two qualifications Frequently asked
Sarkaria norms Mains material
Oath Chief Justice of the High Court

What Came Next?

The next topic covers the conditions of the Governor’s office under Article 158.

Key People and Terms

Qualification Condition for appointment
Sarkaria Commission Commission on Centre-State Relations, 1983-88
Detached figure Not entangled in local politics
Article 159 Oath of the Governor
Domicile Residence in the state

Exam Corner

Points to Remember

Citizen and 35 years.
Oath by the High Court Chief Justice.
Sarkaria: person from outside the state.
Sarkaria norms are not binding.

Do Not Confuse With

Governor and President qualifications Governor needs only citizenship and age
Constitution and Sarkaria norms Mandatory versus recommended
Oath of the President and of the Governor Administered by CJI versus High Court Chief Justice

Memory Hook

Citizen at thirty-five; Sarkaria wants an outsider, eminent and detached.

Mains Angle

Questions on this topic usually ask about neutrality in appointments. Use these points to add depth.

Minimal qualifications Only two
Sarkaria norms Eminence and detachment
Consultation proposal Chief Minister
Neutrality concerns Not binding

A Question You May Face

An original practice question, not a past paper question.

“What are the constitutional qualifications for a Governor, and what additional norms did the Sarkaria Commission suggest?”

How to Answer

Introduction Article 157.
Constitutional Two conditions.
Sarkaria Four criteria.
Conclusion Need for consultation.

GS Relevance

Prelims: Indian Polity, Governor. GS Paper 2: State executive.

Frequently Asked Questions

What are the qualifications for being a Governor?

The Constitution lays down only two qualifications for the appointment of a Governor: the person must be a citizen of India and must have completed 35 years of age under Article 157. These are the only constitutional conditions for the office.

What did the Sarkaria Commission recommend for Governors?

It recommended that a Governor be eminent in some walk of life, from outside the state, a detached figure not intimately connected with local politics, and not someone who took a great part in politics in the recent past.

Who administers the oath of office to the Governor?

The oath is administered by the Chief Justice of the concerned state High Court, and in his absence by the seniormost judge of that court available. The Governor swears to preserve, protect and defend the Constitution and the law.

Did the Sarkaria Commission suggest consulting the Chief Minister?

Yes. To ensure effective consultation with the state Chief Minister in selecting a Governor, it recommended that the procedure of consultation be prescribed in the Constitution by suitably amending Article 155. This is a recommendation and not a binding rule.

Does the Constitution bar politicians from becoming Governors?

No. Article 157 prescribes only citizenship and age, so politicians are not barred. The Sarkaria Commission only said it is desirable that a ruling party politician is not appointed Governor of a state run by another party. Convention therefore decides who is chosen.

PYQ Practice — Statement Analysis

1 A Governor must be at least 35 years of age.

True

Article 157.

2 The Constitution requires the Governor to be from outside the state.

False

Sarkaria recommended, not the Constitution.

3 The oath to the Governor is administered by the Chief Justice of India.