Appointment of Governors
The office of the Governor is a pivotal link between the Union and state administrations under the Governor in India UPSC framework. Conceived as a constitutional bridge to promote national integrity, the office has increasingly become a flashpoint for political friction. Debates surrounding the Appointment of Governor highlight core challenges in Governor and Centre State Relations, discretionary power, and the health of Governor Federalism UPSC dynamics in Indian polity.
Constitutional Position and Appointment Framework
The Governor acts as the nominal executive head of the state and the representative of the President under Part VI of the Indian Constitution.
- How is the Governor Appointed: Under Article 155 , the Governor of a state is appointed directly by the President by warrant under his hand and seal, effectively reflecting the recommendation of the Union Council of Ministers.
- Tenure and Removal: Under Article 156, the Governor holds office during the pleasure of the President, leading to vulnerability against political shifts at the Centre.
- Qualifications & Conditions: Article 157 mandates Indian citizenship and a minimum age of 35 years, while Article 158 UPSC lays down conditions such as not holding any office of profit or legislative seat.
Why Is the Governor Appointed by the Union?
During Constituent Assembly debates, an appointed Governor was preferred over an elected Governor to avoid conflicts between an elected Chief Minister and an elected executive head. This choice aimed to preserve national unity, insulate the office from local party politics, and maintain central coordination.
Major Issues Related to Governor Appointment
- Political Appointees: Retired politicians, former bureaucrats, or party loyalists are frequently appointed, eroding neutral constitutional stewardship.
- Lack of Consultation: State Chief Ministers are rarely consulted before an appointment, undermining federal ethos.
- Misuse of Discretionary Powers: Arbitrary actions regarding floor tests, reserving bills for Presidential assent, and choosing Chief Ministers in hung assemblies spark Governor Controversy in India.
Recommendations by Commissions & Judicial Safeguards
| Commission / Judgment | Key Recommendations & Directives |
| Sarkaria Commission Governor | Appoint an eminent person outside state politics; consult the Chief Minister prior to appointment; establish a fixed 5-year tenure. |
| Punchhi Commission Governor | Amend Article 156 to remove the “pleasure of the President” doctrine; adopt a constitutional impeachment process similar to the President’s. |
| Landmark SC Judgments | S.R. Bommai (1994) & B.P. Singhal (2010) established that Governor Powers and Functions and removals are subject to judicial review and cannot be arbitrary or politically motivated. |
Conclusion
Reforming the Governor Appointment UPSC architecture is essential to strengthen Governor Discretionary Powers within constitutional boundaries. Implementing recommendations from the Sarkaria Commission Governor and Punchhi Commission Governor frameworks will safeguard federal integrity, rebuild state trust, and ensure smooth collaboration between the Governor and State Government.
UPSC Prelims: PYQs & Practice Questions
Practice Questions
Q: Which of the following statements is/are correct regarding the Governor of a State in India?
1. The executive power of the State is vested in the Governor.
2. The Governor holds office during the pleasure of the President.
3. No qualification except being a citizen of India and having completed the age of 30 years is laid down in the Constitution for appointment as Governor.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (a) 1 and 2 only
Explanation:
Statement 1 is correct.
Under Article 154(1), the
executive power of the State is vested in the Governor
and shall be exercised by the Governor either directly or through officers subordinate to him in accordance with the Constitution.
Statement 2 is correct.
Under Article 156(1), the
Governor holds office during the pleasure of the President.
Statement 3 is incorrect.
Under Article 157, a person must be a
citizen of India and must have completed
35 years of age to be eligible for appointment as Governor.
Therefore, the reference to 30 years is incorrect.
Q: Which one of the following statements is correct regarding the office of the Governor in India?
(a) The same person cannot be appointed as Governor for two or more States.
(b) The Judges of the High Court of the State are appointed by the Governor.
(c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his post.
(d) In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Governor.
Answer: (c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his post.
Explanation:
Option (c) is correct.
The Constitution does not prescribe specific
grounds or a formal procedure such as impeachment
for the removal of a Governor.
Article 156 provides that the Governor holds office during the
pleasure of the President.
Option (a) is incorrect.
The Seventh Constitutional Amendment Act, 1956
enabled the appointment of the
same person as Governor of two or more States.
Option (b) is incorrect.
Judges of a High Court are appointed by the
President of India under Article 217, not by the Governor.
Option (d) is incorrect.
The appointment of the Chief Minister in a
Union Territory with a legislature
is governed by the relevant constitutional and statutory framework applicable to that Union Territory.
Practice Questions
Q: With reference to the recommendations of various commissions regarding the appointment and tenure of Governors, consider the following statements:
1. The Sarkaria Commission recommended that the Chief Minister of the concerned State must be consulted before appointing the Governor.
2. The Punchhi Commission suggested that the "doctrine of pleasure" should be deleted from the Constitution regarding the removal of Governors.
3. Both commissions recommended that active politicians should be appointed as Governors in their home States to promote regional governance.
How many of the above statements are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
Answer: (b) Only two
Explanation:
Statement 1 is correct.
The Sarkaria Commission recommended establishing a convention of
consulting the Chief Minister of the concerned State
before appointing the Governor.
Statement 2 is correct.
The Punchhi Commission recommended reconsidering the
"pleasure of the President" doctrine associated with
Article 156 and strengthening the security of tenure of Governors.
Statement 3 is incorrect.
The commissions favoured the appointment of
eminent and politically neutral persons, preferably from outside the State,
rather than active politicians closely associated with local State politics.
Q: Consider the following constitutional provisions concerning the Governor of a State:
1. Article 155 – Appointment of Governor by the President
2. Article 156 – Term of office of Governor
3. Article 157 – Qualifications for appointment as Governor
4. Article 158 – Conditions of Governor's office
How many of the above pairs are correctly matched?
(a) Only one pair
(b) Only two pairs
(c) Only three pairs
(d) All four pairs
Answer: (d) All four pairs
Explanation:
All four pairs are correctly matched.
Article 155 deals with the
appointment of the Governor by the President.
Article 156 deals with the
term of office and provides that the Governor holds office during the
pleasure of the President.
Article 157 prescribes the
qualifications for appointment as Governor.
Article 158 specifies the
conditions of the Governor's office.
Therefore, option (d) All four pairs is correct.
UPSC Mains – Previous Year & Practice Questions
Mains Previous Year Questions
[15 Marks]
Question: “The office of the Governor has increasingly turned into a friction point in Centre-State relations.” Discuss the major issues related to the appointment and removal of Governors and suggest measures for reform. (UPSC GS Paper II – 2023)
[15 Marks]
Question: Examine the constitutional role of the Governor during a hung Assembly in light of judicial pronouncements and commission recommendations. (UPSC GS Paper II – 2021)
[10 Marks]
Question: Whether the Supreme Court judgment in B.P. Singhal v. Union of India (2010) has established sufficient safeguards against the arbitrary removal of Governors? Critically analyse. (UPSC GS Paper II – 2019)
[12.5 Marks]
Question: Discuss the key recommendations of the Sarkaria Commission and Punchhi Commission to depoliticize the office of the Governor and ensure cooperative federalism. (UPSC GS Paper II – 2017)
[10 Marks]
Question: Analyse the duality in the role of the Governor as a constitutional head of the State and an agent or link of the Centre. (UPSC GS Paper II – 2014)
Mains Practice Questions
[15 Marks | 250 Words]
Question: “The vulnerability of the Governor's tenure under the ‘pleasure doctrine’ undermines the constitutional balance of federalism.” Evaluate the need to amend Article 156 to provide greater security of tenure to Governors.
[10 Marks | 150 Words]
Question: “ Consultation with the Chief Minister prior to gubernatorial appointments remains an underutilized convention.” Discuss how institutionalising this practice can strengthen cooperative federalism in India.
[15 Marks | 250 Words]
Question: Examine the feasibility of creating an independent bipartisan committee for selecting State Governors. Discuss whether such an institutional mechanism can promote political neutrality, constitutional accountability and healthier Centre-State relations.
Appointment of Governors-FAQs
How is the Governor appointed in India?
The Governor is appointed by the President under Article 155 of the Indian Constitution.
What is the tenure of a Governor?
Under Article 156, the Governor holds office during the pleasure of the President, though the normal term is five years.
What are the qualifications for becoming Governor?
Under Article 157, a person must be an Indian citizen and at least 35 years of age.
What did B.P. Singhal case decide?
The Supreme Court held that the Governor cannot be removed arbitrarily or merely because of a change in government at the Centre.
Why is Governor appointment controversial for UPSC?
It is controversial because it involves Centre-State relations, political neutrality, discretionary powers, federalism, floor tests, bill reservation, and President’s Rule.
