Office of the Governor

The office of the Governor was introduced in India in the Government of India Act 1935. The office of the Governor is an important feature of a federal form of Government as the Governor is the head of the State and plays a crucial role in a federal set up.

Articles 153 to 159 in Part VI of the Constitution of India deal with the office of the Governor.

Article 153 that provides for the office of the Governor states that there shall be a Governor for every state and that a common governor can also be appointed for two or more states. The provision for appointing a governor for two or more states was not there in the Constitution and was only later added by 7th Constitutional Amendment Act 1956.

Article 154 declares that the Governor is the executive head of the State and states that all executive powers of the State shall be vested in the Governor and be exercised by him either directly or indirectly by officers subordinated to him in accordance with the Constitution.

Article 155 deals with the appointment of the Governor and states that the President of India will appoint the governor of State by warrant under his hand and seal. Unlike other federations like the USA where the Governor of state is elected, the Governor of a State in India is appointed by the President of India as in the case of Canada, where the federal structure is heavily in favour of the Centre. This decision was taken by the framers of the Constitution considering the impact of disintegrating influences in India and therefore the role played by the office of Governor.

Article 156 deals with the term of the office of the Governor. According to the provisions under this article, the Governor shall hold the office during the pleasure of the President. The meaning of holding office during the pleasure of the President is that the President can remove the governor at any time without any reason or procedure. Therefore it is said that the Governor has a fixed tenure of five years but does not have security of tenure. However the Governor will continue in office until his successor his appointed. Thus the Governor of State in India is appointed and removed by the Union Executive. The governor can also resign before completion of the tenure of five years by addressing his/her resignation letter to the President.

Article 157 lists the qualifications required for a person to be appointment as the Governor of a state. The qualifications required are

• Should be a citizen of India.
• Should have completed the age of 35 years

Article 158 lists the conditions of service of the office of the Governor. While qualifications are pre-requisites to enter the office of the governor, conditions of service are to be followed as long as a person continues in the office of the governor. The conditions are -

1.The Governor should not be a member of Parliament or any state legislature. If any such member is appointed as Governor then it is deemed (considered) that he has vacated his seat in the house on the date when he enters the office of the Governor.

2.The Governor should not hold any office of profit

3.The Governor is entitled to rest free accommodation

4.The Governor is entitled to such salary and allowances as determined by the Parliament

5.If two or more states have a common governor then the President will decide the proportion is which the concurred states must pay the salary of the governor.

6.Governors are not entitled to pension where as Presidents are entitled to pension.

Article 159 deals with the oath of office of the governor. It states that a person appointed as Governor, before entering the office shall be administered the oath of office by the Chief Justice of the concerned High Court and in the absence of the Chief Justice, by the senior most judge of the High Court. The Governor in his oath swears to protect, promote and preserve the Constitution as he/she is the Constitutional head of the state. The only two offices under the Constitution that swear to protect, promote and preserve the Constitution is the Office of the President and the Office of the Governor.

By:Deepika Reddy