Appointment of a Governor in India

Introduction

In India, each state has a Governor who acts as the formal head of that state (the President is the head at the national level). The Indian Constitution lays out how Governors are chosen and what rules they must follow. According to Article 155, “The Governor of a State shall be appointed by the President by warrant under his hand and seal” – in other words, the President formally names the Governor. In practice, the President acts on the advice of the Union Council of Ministers (the Prime Minister’s cabinet) when making this choice. This explanation will use plain language to cover the constitutional basis (Articles 155–158) for appointing Governors, the step-by-step process, term limits and removal, and comparisons with similar offices (like the President or Lieutenant Governors).

Constitutional Basis

India’s Constitution (in Part VI) sets the basic rules for Governors:

Article 155: Appointment by President. A Governor is officially appointed by the President through a signed warrant. This is a formal act: the President’s office issues the order.
Article 157: Qualifications. To be Governor, one must be a citizen of India and at least 35 years old. This ensures Governors are mature Indian citizens.
Article 158: Conditions of office. A Governor cannot simultaneously be a member of Parliament or the state legislature – if a sitting MP/MLA is appointed Governor, that person automatically vacates their seat. A Governor also cannot hold any other “office of profit” under the government. (These rules prevent conflicts of interest.) Article 158 also guarantees the Governor the use of an official residence rent-free and a secure salary that cannot be cut during the term.
Other provisions: Article 156 adds that a Governor normally serves a five-year term but actually holds office “during the pleasure of the President”. We will explain this in the next section on Term and Removal.

Together, Articles 155–158 establish who can be a Governor and that the President (on central government advice) makes the appointment.

Appointment Process

The actual steps to appoint a Governor work like this:

Selection by central government: First, the Union Council of Ministers (Prime Minister and Cabinet) selects a candidate. Although the Constitution doesn’t spell this out, by convention the President must follow this advice. This means the decision is really made by the political leaders at the centre.
Formal appointment by President: The chosen person’s name is then sent to the President, who issues a formal appointment document (called a “warrant under his hand and seal”). Once signed, this document makes the candidate the Governor of the state.
Taking the oath: The new Governor must take an oath of office (usually administered by the state’s Chief Justice) before starting duties. This oath requirement is in Article 159 of the Constitution (not quoted here).
Concurrent charges (examples): If a state’s Governor post is temporarily vacant, the President may ask another Governor to take on additional charge of that state. For example, in 2014 the President assigned the Governor of Uttar Pradesh to also act as Governor of Rajasthan (and similarly for other states). Recently, in 2024 the Governor of Jharkhand was given additional charge as Governor of Telangana (as seen above) and even as Lieutenant Governor of Puducherry. In such cases, the person legally serves as the Governor of more than one state until a permanent appointee arrives.

Each step follows constitutional rules but is made simple in practice: the central government chooses a person who meets the age and citizenship requirements, and the President formally appoints them.

Term and Removal

Once appointed, a Governor’s term and possible removal are governed by Article 156:

Term: A Governor is appointed for up to five years. However, the term can end sooner. After five years, the Governor continues in office only until a successor takes over.
“Pleasure” of the President: Crucially, a Governor “shall hold office during the pleasure of the President”. This means the President (in practice, the central government) can remove the Governor at any time. There is no fixed tenure guaranteed beyond this.
Resignation: A Governor may also resign voluntarily by writing to the President.
Legal limits on removal: Although removal is technically up to the central government, the Supreme Court has ruled it cannot be arbitrary. In B.P. Singhal v. Union of India (2010), the Court emphasized that Governors should not be removed without valid reasons and only in “rare and compelling” cases. For instance, changing the ruling party in Delhi is not by itself a good reason to fire a Governor. Several high-level commissions (Sarkaria, Venkatachaliah, Punchhi) also recommended that Governors ordinarily complete their five-year term and that any early removal be well-founded. However, these recommendations are not law; they simply advise restraint.

In practice, when a new central government comes to power, it often asks sitting Governors (appointed by the previous government) to resign. The law allows this under “pleasure”, but it should be done carefully as per the standards set by the Supreme Court. As long as the procedure is not patently unfair or politically vindictive, the central government is generally free to replace a Governor before five years elapse.

Comparison with Other Appointments

It helps to compare Governors with some similar offices:

President of India: The President is also a constitutional head, but is elected, not appointed. Under Article 54, the President is chosen by an Electoral College of MPs and MLAs. The President must also be an Indian citizen and at least 35 years old (like Governors), and cannot hold other office. Unlike Governors, the President serves a fixed five-year term (Article 56) and cannot be removed at will (only by impeachment). In short, a Governor is picked by the President on advice, whereas the President is chosen by lawmakers.
Lieutenant Governors (LGs): Union Territories (UTs) without legislatures are run by Administrators, and some UTs (like Delhi, Puducherry) have a Lieutenant Governor. Article 239 says each UT is “administered by the President… through an administrator to be appointed by him”. In practice, the President appoints the Lt. Governor for a five-year term, similar to Governors. For example, Article 239(2) even allows the President to make the Governor of an adjacent state also the Lt. Governor of a UT. (In 2024, the Governor of Jharkhand was also assigned as Lt. Governor of Puducherry.) Both Governors and LGs hold office at the President’s pleasure, but their powers differ depending on whether the state/UT has an elected government.
Other similarities: Both Governors and Presidents must be Indian citizens over 35 and not hold any other office of profit. Both take an official oath before taking office. The key difference is who chooses them and how long they serve: the President answers to the people (through the Electoral College) and is fairly independent, while Governors answer to the President (and effectively to the Prime Minister’s government) and have more limited, mostly ceremonial roles.

Conclusion

To sum up, the appointment of Governors in India is a constitutional process guided by Articles 155–158. The central government (the Prime Minister and Council of Ministers) picks a qualified candidate (an Indian over 35 years old who meets eligibility rules) and advises the President to appoint that person. The President then signs the official warrant of appointment. Governors serve five-year terms but can be asked to step down at any time (since they serve “during the pleasure of the President”). Courts and commissions have emphasized that this power should be exercised only for valid reasons. This appointment process is different from that of the President (who is elected by legislators) and similar to that of Lieutenant Governors (who are also appointed by the President for UTs). Overall, the constitution ensures that Governors are chosen by the central authority but sets basic rules (like age, citizenship, and tenure protections) so the process is transparent and fair.

Sources: Original constitutional provisions (Articles 155–158, 156) and authoritative commentary.

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SIMPLIFIED EXPLANATION
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Understanding the Appointment of a Governor in India

1. Introduction

In the federal structure of India, each state has a Governor who acts as the constitutional head, similar to the President at the national level. The Governor plays a crucial role in the state's administration, ensuring that the state government functions within the framework of the Constitution.

2. Constitutional Provisions

The appointment and related aspects of the Governor's role are detailed in the Indian Constitution:

Article 155: States that the Governor of a state shall be appointed by the President of India.
Article 156: Specifies that the Governor holds office during the pleasure of the President and has a term of five years.
Article 157: Outlines the qualifications required to be appointed as a Governor.
Article 158: Details the conditions of the Governor's office.

3. Qualifications for Appointment

As per Article 157, a person must meet the following criteria to be eligible for appointment as a Governor:

Citizenship: Must be a citizen of India.
Age: Should have completed 35 years of age.
Other Conditions: As per Article 158:
- Should not be a member of either House of Parliament or the Legislature of any state.
- Should not hold any other office of profit.

Traditionally, a person is not appointed as the Governor of the state where they reside, to ensure impartiality.

4. Appointment Process

While the Constitution mandates that the Governor is appointed by the President, in practice, the selection is made by the central government, particularly the Union Council of Ministers, and the President acts on their advice.

The process involves:

Selection: The central government identifies a suitable candidate based on various factors, including administrative experience, political considerations, and regional representation.
Approval: The Union Council of Ministers advises the President on the appointment.
Formal Appointment: The President formally appoints the selected individual as the Governor of a state.

It's noteworthy that the same person can be appointed as the Governor of two or more states simultaneously.

5. Term and Tenure

As per Article 156:

Term: The Governor holds office for a term of five years from the date of assuming office.
Pleasure of the President: The Governor serves at the pleasure of the President, meaning they can be removed before the completion of their term without specifying any reason.
Continuation: Even after the completion of the five-year term, the Governor continues to hold office until a successor is appointed.

6. Powers and Functions

The Governor's role encompasses various powers and responsibilities:

Executive Powers: Appointing the Chief Minister, other ministers, the Advocate General, and members of the State Public Service Commission.
Legislative Powers: Summoning, proroguing, and dissolving the State Legislative Assembly; giving assent to bills; and addressing the legislature.
Judicial Powers: Granting pardons, reprieves, respites, or remissions of punishment under Article 161.
Discretionary Powers: In certain situations, the Governor can act at their discretion, such as when no party has a clear majority in the assembly.

7. Removal and Resignation

The Governor can vacate their office in the following ways:

Resignation: By submitting a resignation letter to the President.
Removal: By the President at any time, as the Governor holds office during the President's pleasure.

The Constitution does not specify the grounds for removal, leading to debates about the potential for misuse of this provision.

8. Role in State Administration

The Governor acts as a vital link between the state and the central government. They ensure that the state government functions within the constitutional framework. In times of constitutional crises, the Governor can report to the President, leading to the imposition of President's Rule under Article 356.

9. Conclusion

The appointment of a Governor is a significant aspect of India's federal structure, ensuring that each state has a constitutional head to oversee its administration. While the role is largely ceremonial, the Governor's powers become crucial during times of political instability or constitutional crises. Understanding the appointment process and the Governor's functions helps in appreciating the checks and balances embedded in the Indian Constitution.

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