As in the Union, the government in the states is also organised on the parliamentary model. The head of the states is called the Governor, who is the constitutional head of the state as the president is for the whole of India. The executive power of state government is vested in the Governor and all executive actions of state government are taken in the name of the Governor.
The constitution under article 153 mentions that there shall be a governor for each state. However, the Constitution (7th Amendment) Act, 1956 enabled the appointment of the same person as the Governor for two or more states.
Appointment of the Governor of Indian States
Constitutional Provision: According to article 155, the Governor of states is appointed by the President of India.
- No Election: There is no provision for election, direct or indirect, for the position of Governor.
- Nominee of central government: As there is no formal procedure mentioned in the constitution for appointing governor, it is the Union cabinet headed by the PM which decides on the name of persons to be appointed as governor in the states. Such names are then recommended to the president for appointment.
- Rationale behind such appointment: The constitution makers envisaged the office of governor as a non-political office, acting as an organic link between the Union and states.
Why is there no election for the post of governor?
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Qualifications for the Governor of Indian States
- Constitutional provision: The constitution under article 157 mentions following qualifications for the office of the Governor-
- Citizenship: person must be a citizen of India.
- Age: person must have completed the age of 35 years.
- Conventions: Over the years, following additional qualifications have evolved on the basis of recommendations of various commissions-
- Outsider: a person appointed as a governor in a particular state should not belong to that state. E.g. The governor of Uttar Pradesh is Smt. Anandiben Patel who belongs to the state of Gujarat. This provision ensures detachment of the Governor from local politics of the state.
- Consultation with the CM: The president holds consultations with the CM of a state before appointing the governor to such a state. It is envisaged that such consultations would help in avoiding possible confrontations and conflicts between the CM and the Governor.
It should be noted that these conventions do not have any constitutional or statutory backing.
Conditions of Office for the Governor of Indian States
The conditions for the governor’s office as laid by the constitution are as follows:
- Membership of legislature: He/she should not be a member of either House of Parliament or a House of the State Legislature.
- If any such person is appointed as Governor, he/she needs to vacate the seat before he/she enters upon his/her office as the governor.
- Office of profit: He/she should not hold any other office of profit.
- Emoluments and allowances:
- He/she is entitled to such emoluments and allowances as may be determined by the Parliament.
- When the same person is appointed as the governor of two or more states, the emoluments and allowances payable to him/her are shared by states in such a proportion as determined by the president.
- His/her emoluments and allowances cannot be diminished during his/her term of office.
| Important note: As per provisions of article 202, the emoluments and allowances of the governor and other expenses of his/her office are charged on the consolidated fund of the concerned state. |
Oath or Affirmation by the Governor of Indian States
- Constitutional provision: As per Article 159 of the Constitution, the oath is administered to the Governor by the Chief Justice of the concerned state High Court or, in his absence, the senior-most Judge of the concerned state High Court available. The Governor must take and sign an oath or affirmation before entering upon his/her office as governor.
Term and Tenure of the Governor of Indian States
- Constitutional provision: The constitution has provided a term of five years for the office of governor subject to the pleasure of the President. It essentially means that the constitution does not provide security of tenure to the office of governor.
- Resignation: The governor of a state may resign from his/her office by writing such a resignation letter addressed to the President.
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- Re-appointment: The same person may be appointed as the governor of a state for any number of times.
- Continuity in office: The governor of state remains in office until his/her successor assumes charge. This means that the governor may remain in office even beyond the term of five years.
- Removal: There is no formal procedure for the removal of the governor as he/she holds office during the pleasure of the president.
| Generally, it has been observed that the change in government at the Union level leads to removal of the governors from states. E.g. National Front Government, headed by V.P. Singh (1989), asked all the governors to resign as they were appointed by the Congress government. Eventually, some of the governors were removed from office and some were allowed to continue. |
