Governor

Governor is the chief executive head of the state. Articles 153 to 167 in Part VI of the Constitution deal with the State Executive of which the Governor is an integral part. He acts as a representative of the union government. The governor has executive power over the state, and all executive actions must be made in his or her name. 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same individual as Governor of two or more states.

The Constitution has prescribed the same form of government for states that of centre. Like the President, the Governor is a titular head. Supreme Court has emphasised in its several judgements that the Governor is not an employment under the central government but it is an independent constitutional office.

Constitutional Provisions

• The constitution states that the executive power of the state shall be vested in the Governor, who shall execute it either directly or through officers subordinate to him (Article 154).

Appointment

• The Indian Constitution, in Article 165, enables and authorizes the President of India to appoint the Governor of State by warrant under his hand and seal for a five-year term.
• The Governor is not directly elected by the people, and neither is he elected indirectly by a special electoral college.
• The Governor is appointed by the President and serves at his pleasure.
• The chief justice or the senior-most judge of the concerned High Court administers the Governor’s oath of office (if the chief justice is unavailable).

Qualifications

The Indian Constitution specifies two basic qualities for the selection of a Governor.

1. He should be an Indian citizen.
2. He must be at least 35 years old.

Over time, the following conventions have emerged:

1. He should be an outsider who does not reside in the state where he will be appointed.
2. When appointing the Governor of a state, the President must consult with the state’s Chief Minister.

However, in some cases, both conventions have been violated.

Terms of Office

• The Governor serves for a term of five years from the date he assumed office, subject to the President’s pleasure.
• Governors whose terms have expired may be reappointed in the same or a different state.
• The President has the authority to transfer a Governor from one state to another for the remainder of his tenure. Governor can serve over his five-year term until the next appointment is made.
• After submitting his resignation letter to the President, the Governor can resign from his office.
• In any contingency, for example, the death of the sitting Governor, chief justice of the concerned High Court can be appointed temporarily to discharge the functions of the governor of that state.

Conditions of office

The Governor’s office follows the procedures and conditions provided forth in the Indian Constitution.

• He should not occupy any office of profit.
• He should not be a member of the House of Parliament or any state legislature.
• He is entitled to such allowances, emoluments, and privileges as Parliament determines.
• During his tenure of office, his emoluments and allowances cannot be reduced.
• If he is appointed as Governor of two or more states, the Governor’s allowances and emoluments are divided among the states in a proportion specified by the President.
• He is entitled to the use official residences without payment of rent.

Removal

• Constitution has not prescribed the grounds for the removal of the Governor.
• The position of Governor is at the will of President which is non justifiable. It means that the Governor can be removed from his office at any time.

Constitutional Position

• Article 153 of the Indian Constitution mandates the appointment of a Governor in each state. The 7th Amendment to the Constitution however, allows for the appointment of the same person as Governor of two or more states.
• The provisions of Articles 154, 163, and 164 of the Constitution empower the constitutional post of Governor.
• Article 154: The Governor shall have executive power over the state, which he shall exercise either directly or through officers subordinate to him in conformity with this Constitution.
• Article 163: There shall be a council of ministers, led by the Chief Minister, to assist and advise the Governor in the exercise of his powers, except when he is compelled to execute his functions at his discretion.
• Article 164: The council of ministers is collectively responsible to the state’s legislative assembly. This provision is the cornerstone of the state’s parliamentary system of governance.