Appointment

According to the Constitution of India, 1950, the administration of a state is the responsibility of the state executive. Thus, the Central and the State Governments follow an identical executive structure. The Governor ensures the cooperation between the Centre and State by acting as a link between the two. 

To understand the appointment of the Governor, we must look into the provisions of the Constitution of India. In this article, we will discuss the required qualifications, appointment process, and the term and removal of the Governor. The objective of this article is to understand the appointment of the Governor of a state. 

Governor

Constitution of India, 1950, under Article 153, provides that every state in India must have a Governor. The Governor is the nominal head of the state and exercises the executive power of that state. He may use this power directly or delegate it to other state officers.

The Governor’s role, powers, and functions are identical to that of the President of India. The only difference is that the powers of the Governor are applicable at the state level. However, it must be noted that the Governor is only the nominal head of the state. The real power is exercised by the Chief Minister of the state and the Council of Ministers. 

Qualifications

The qualifications necessary for a person to become the Governor are laid down under Article 157 of the Constitution of India, 1950. According to the article, two requirements need to be fulfilled:

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

Any person who meets these two qualifications can thus be appointed as the Governor of a state. However, some conditions need to be fulfilled by the person to be appointed to the office. 

Conditions of Governor’s Office

As mentioned earlier, a person who fulfills the preliminary qualifications may be appointed as the Governor of a state if he meets certain other conditions. These conditions are provided under Article 158 of the Constitution. These conditions are:

1. To be appointed as the Governor, the person should not hold any other office of profit.
2. A person cannot be appointed as the Governor if he is a Member of Parliament or a member of any other state legislature. Thus, such an individual will have to necessarily vacate the previously held office to be appointed as the Governor. 
3. The person will be provided allowances, emoluments and privileges as per the decision of the Parliament under the law. In case he is not provided such benefits by the Parliament, he will get them as per the Second Schedule of the Constitution. It is further important to note that these allowances, emoluments and privileges cannot be reduced during his term.
4. The Governor is provided with the Raj Bhawan as his residence during the tenure of his appointment. 
5. The Governor is immune against any criminal proceedings during the term of his office. This immunity applies to criminal proceedings arising out of his personal acts as well. Only civil action can be taken against his personal wrongful acts. 
6. The Governor cannot be arrested or imprisoned while occupying the office. 

Appointment of the Governor

The appointment of a Governor is governed by Article 155 of the Constitution. According to the article, the Governor is appointed by the President under his hand and seal. This means that the appointment must have the signature of the President and the seal of his office.  

 Furthermore, it is important to note that after the 7th Constitutional Amendment Act, 1956, the same individual can be appointed as the Governor of more than one state.

Tenure of the Governor

The tenure of the office of the Governor is provided under Article 156 of the Constitution. According to the provision, the term of office is five years from the date on which he takes office. He remains in office until his successor is appointed, which is not dependent on his official term. Thus, the Governor holds the office at the pleasure of the President of India. It means that the President may remove the Governor at any point, even before his term ends. 

The Governor can resign from his position at any point by writing a letter in his hand and bearing his signature to the President.

Removal from Office

The removal of the Governor is governed by Article 156 of the Constitution. The Governor cannot be removed through the Governor’s impeachment process. The Governor is appointed by the President and remains in office at his discretion. Thus, the President may at any point appoint a new Governor of State. This decision is based on the recommendations of the Prime Minister and the Council of Ministers. 

Thus, the President has the authority to dismiss the Governor without allowing him to present his case and without informing him of the termination. However, removal should not be based on arbitrary, capricious, or unreasonable grounds. The President cannot remove the Governor arbitrarily. 

According to the decision of the Supreme Court in the case of B.P. Singhal v. Union of India, even though the Central Government has the authority to remove the Governor at any time, they cannot exercise this power arbitrarily. The government must showcase the grounds on which the decision of removal from office has been made. Thus, the office of the Governor has been protected from such dismissal by the Central Government. 

Conclusion

The appointment of a Governor for each state is mandatory under the constitutional structure of India. The President of India appoints the Governor according to the recommendations of the Chief Minister and the Council of Ministers. He is the nominal head of the state and has the state’s executive authority. His tenure is for five years; however, he serves at the pleasure of the President. Any person can be appointed as the Governor of a state-provided, he meets the provisions of Article 157 and Article 158 of the Constitution.