Why in news? Recently central government appointed governors to 12 states and union territory.
Constitutional provision about Governor
- Article 153 of the Constitution says “There shall be a Governor for each State.”
- Article 155 says that the “Governor of a State shall be appointed by the President by warrant under his hand and seal”.
- An amendment in 1956 to constitution laid down that “nothing(A.153) in this article shall prevent the appointment of the same person as Governor for two or more States”.
How is governor of the state appointed ?
- The governor of a state is appointed by the president of India.
- The factors based on which the president evaluates the candidates is not mentioned in the Constitution.
- Under Article 156, “the Governor shall hold office during the pleasure of the President”
What are the qualifications ?
Article 157 and Article 158 of the Constitution of India specify eligibility requirements for the post of governor. They are as follows:
- Must be at least 35 years of age.
- Should not be a member of the either house of the parliament or house of the state legislature.
- Should not hold any office of profit.
What are the Powers and functions of governor ?
- Executive powers related to administration, appointments and removals.
- Legislative powers related to law-making and the state legislature, that is State Legislative Assembly (Vidhan Sabha) or State Legislative Council (Vidhan Parishad),
- Discretionary powers to be carried out according to the discretion of the governor. The governors of India have similar powers and functions of the state level as those of the president of India at central level.
What are the Contingency situation?
- The governor has no role or powers in a contingency situation such as president’s rule unless specifically permitted by the president under articles 160, 356 and 357.
- The Governor is not permitted to take any decision on his own without state cabinet advise
How governor is removed?
The term of governor’s office is normally five years but it can be terminated earlier by
- Dismissal by the president at whose pleasure the governor holds office.
- Resignation by the governor
- There is no provision for impeachment, unlike with the president of India, judges of the high courts and the Supreme Court of India and the chief election commissioner.
What is the relationship between the Governor and the state government?
- The position of the Governor is envisaged as an apolitical head who must act on the advice of the Council of Ministers of the state.
- Over the decades, Governors have been seen as acting on the behest of the central government in power at the time, and have been accused by state governments, especially those in opposition, as acting as “agents of the Centre”.
- Also, the Constitution lays down no provisions for the manner in which the Governor and the state must engage publicly when there is a difference of opinion.