Introduction

The Constitution of India, 1950 (COI) provides for a federal government having separate administrative systems for the Union and States. Chapter II of Part VI of the COI is concerned with the governor.

Governor for States

• Article 153 of the COI provides that there shall be a Governor for each State.
• The proviso to this section further states that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.
• He is the constitutional head of the state, bound by the advice of his council of ministers.
• He functions as a vital link between the Union Government and the State Government.

Executive Power of State

• Article 154 of the COI deals with the executive power of the State which is vested in the Governor.
• It states that -

(1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officer's subordinate to him in accordance with this Constitution.

(2) Nothing in this article shall—

(a) Be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or

(b) Prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.

Appointment of Governor

• Article 155 of the COI lays down that the Governor of a State shall be appointed by the President.
• Though appointed by the President, the Governor is not in the employment under the Government of India.
• There is no bar to the appointment of a Governor more than once either in the same State or in different States.

Term of Governor

• Article 156 of the COI states that the Governor holds office during the pleasure of the President.
• The normal term of the Governor’s office is five years from the date on which he enters his office.
• The Governor may be terminated by:
  • Dismissal by the President on the advice of the council of minister headed by the Prime Minister of the country.
    • Dismissal of governors without a valid reason is not permitted. However, it is the duty of the President to dismiss a governor whose acts are upheld by courts as unconstitutional.
  • Resignation by the governor.
• A Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

Qualification for Appointment as Governor

• Article 157 of the COI deals with qualification for the appointment of Governor which are:
  • Be a citizen of India.
  • Be at least 35 years of age.

Conditions of Governor’s Office

• Article 158 of the COI lays down the following conditions of Governor’s Office:
  • The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.
  • The Governor shall not hold any other office of profit.
  • The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
  • Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.
  • The emoluments and allowances of the Governor shall not be diminished during his term of office.

Oath or Affirmation by the Governor

• Article 159 of the COI states that every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court available, an oath or affirmation.