Why in News?
The President of India appointed new Governors for several States and Union Territories.
Description:
Constitutional Framework:
The Governor acts as the constitutional head of a State, serving as a vital link between the Union and State governments.
| Article | Key Provision |
| 153 | Each State must have a Governor (one person can serve multiple states). |
| 155 | Appointment is made by the President (Executive appointment). |
| 156 | Office is held during the “Pleasure of the President”; standard term is 5 years. |
| 157 | Qualifications: Must be a citizen of India and 35 years of age. |
| 158 | Cannot be a member of Parliament/Legislature or hold an office of profit. |
The Appointment Process:
- Method: The President appoints the Governor based on the binding advice of the Union Council of Ministers headed by the PM.
- Oath: Administered by the Chief Justice of the concerned High Court (or the senior-most judge).
- Removal: Can resign via a letter to the President or be removed by the President at any time without a stated constitutional reason. This power cannot be exercised in an arbitrary, capricious, or unreasonable manner. (B.P. Singhal v. Union of India)
Conventions:
While not mandated by the Constitution, certain norms are generally followed:
- “Outsider” Status: The appointee is usually not a resident of the state to ensure political neutrality.
- Consultation: The Chief Minister should be consulted in the appointment.
Major Recommendations:
Two key commissions have proposed reforms to depoliticize the office:
| Commission | Core Recommendations |
| Sarkaria (1988) | Appointee should be an eminent person from outside the state, not involved in active politics recently, and appointed after CM consultation. |
| Punchhi (2010) | Suggested a fixed tenure for Governors and a formal “Committee” approach for selection, including the Chief Minister. |
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