Constitutional Provisions
The Constitution of India provides a detailed framework for the appointment of Governors. Under Article 153, there shall be a Governor for each state. The 7th Constitutional Amendment Act, 1956 enables the appointment of one Governor for two or more states.
According to Article 154, the executive power of the state is vested in the Governor. As per Article 155, the Governor is appointed by the President of India through a warrant under his hand and seal.
Term of Office and Removal
Under Article 156, the Governor holds office during the pleasure of the President. Although the normal tenure is five years, the Governor can be removed or transferred at any time, as the Constitution does not specify any grounds for removal. Even after the expiry of the term, the Governor continues in office until a successor assumes charge.
The Governor may also resign by submitting a resignation letter addressed to the President.
Qualifications and Conditions of Office
According to Article 157, a person must be a citizen of India and at least 35 years of age to be appointed as Governor.
As per Article 158, the Governor cannot be a member of Parliament or a state legislature. If such a person is appointed, they are deemed to have vacated their seat upon assuming office. The Governor is also prohibited from holding any office of profit and is entitled to an official residence, salary, and allowances determined by Parliament.
Oath or Affirmation
Under Article 159, the Governor must take an oath to faithfully execute the office and to preserve, protect, and defend the Constitution. The oath is administered by the Chief Justice of the concerned High Court or, in their absence, the senior-most judge.
Established Conventions
Certain conventions guide the appointment process. Generally, the Governor is appointed from outside the state to maintain neutrality (outsider rule). Additionally, the President is expected to consult the Chief Minister of the concerned state, although this is not always followed in practice.
Appointment Process of the Lieutenant Governor (LG)
Constitutional Basis
The administration of Union Territories is governed by Part VIII of the Constitution (Articles 239 to 241). Under Article 239, every Union Territory is administered by the President through an Administrator appointed by him.
In some Union Territories, such as the National Capital Territory of Delhi, Puducherry, Jammu and Kashmir, Ladakh, and Andaman and Nicobar Islands, the Administrator is designated as the Lieutenant Governor.
Appointment Process
The Lieutenant Governor is appointed by the President of India through a warrant under his hand and seal. Since the President acts on the aid and advice of the Union Council of Ministers under Article 74, the LG is effectively selected by the Central Government.
Term of Office and Removal
Like the Governor, the Lieutenant Governor holds office during the pleasure of the President. The Constitution does not specify a fixed tenure or grounds for removal. The Central Government can recommend removal, transfer, or resignation at any time.
Why Governors Are Appointed Rather Than Elected
The Constituent Assembly chose the system of appointing Governors instead of electing them to avoid conflicts between the Governor and the elected Chief Minister. An elected Governor could create a parallel power center and lead to constitutional deadlocks.
Since India follows a parliamentary system, the Governor acts as a nominal head, while real executive power lies with the Council of Ministers. Conducting elections for such a position was considered unnecessary.
An appointed Governor also serves as a link between the Centre and the states, thereby promoting national unity and integration. Furthermore, appointment helps preserve the neutrality of the office, as an elected Governor might be influenced by political affiliations.
Key Recommendations of Committees
Sarkaria Commission (1983)
The Sarkaria Commission recommended that the Governor should be an eminent person from outside the state and should not have been active in politics in the recent past. It also suggested that the Chief Minister, Vice-President, and Speaker of the Lok Sabha should be consulted during the appointment process. The Commission emphasized that Governors should not be removed before completing their five-year tenure except under rare circumstances.
Punchhi Commission (2007)
The Punchhi Commission recommended the removal of the “pleasure of the President” doctrine. It proposed that Governors should be removed only through a resolution passed by the state legislature, similar to the impeachment process of the President.
Venkatachaliah Commission (2002)
This Commission recommended that Governors should normally be allowed to complete their full five-year term. If removed earlier, the Central Government should consult the concerned Chief Minister