Appointment of Governor

Appointment of Governor

Context

In March 2026, the President of India appointed and reshuffled governors across several states and Union Territories (like Tamil Nadu, Kerala, West Bengal, Maharashtra, Telangana, Bihar, Nagaland, and Himachal Pradesh.

About the Governor

  1. Constitutional Provisions: The office of the Governor is established under Part VI of the Constitution (Article 153-167). Article 153 states that each state shall have a Governor. One person can also be appointed as Governor for multiple states simultaneously.
  2. Role of the Governor: He acts as a link between the Centre and the State as he is the constitutional head of the state executive and a representative of the Union Government.
  3. Appointment: By President of India based on the aid and advice of the Council of Ministers headed by the Prime Minister.
  4. Eligibility Criteria: According to the Constitution of India, a person must be a citizen of India and be at least 35 years of age to become the Governor. Also, the person must not be a Member of Parliament or State Legislature. He must also not hold any office of profit. If a sitting legislator is appointed Governor, they must resign from the legislature.
  5. Tenure: 5 years (normally). As per the Constitution of India, the Governor holds the office “during the pleasure of the President”. It means that the Governor can be removed at any time before completing the five-year term and can also be transferred from one state to another.
  6. Resignation and Removal:
    1. Resignation: May resign by submitting a resignation letter to the President of India.
    2. Removal: Removal occurs when the President withdraws pleasure, usually based on the advice of the Union Council of Ministers.

Challenges and Way Forward

Challenges Way Forward
1. Politicisation of the Governor’s office, with allegations of bias toward the Union government. Follow Sarkaria Commission recommendation to appoint politically neutral and eminent individuals detached from active politics.
2. Disputes in government formation during hung assemblies. As suggested by the Punchhi Commission, adopt clear conventions and rely on floor tests to determine majority.
3. Delay in assent to Bills passed by State Legislatures, creating Centre–State friction. Introduce time-bound procedures for granting assent to ensure smoother legislative functioning.
4. Use of discretionary powers during political crises, such as defections or government formation disputes. Follow judicial principles laid down by the Supreme Court of India, especially in Shamsher Singh v. State of Punjab and Nabam Rebia v. Deputy Speaker.
5. Centre–State tensions due to the Governor’s dual role as constitutional head of the state and Union representative. Strengthen cooperative federalism, including consultation with the Chief Minister in appointments as suggested by the Sarkaria Commission.

Conclusion

The office of the Governor plays an important role in India’s federal constitutional system. While the Governor functions as the constitutional head of the state, it is essential that the office remains politically neutral and functions according to constitutional principles. Ensuring transparency in appointments, respecting democratic mandates, and following constitutional conventions can help strengthen cooperative federalism in India.

FAQs

Q1. What is the constitutional basis for the office of the Governor? 

The office of the Governor is established under Part VI of the Indian Constitution (Articles 153–167). Article 153 mandates that each state shall have a Governor, and one person can serve as Governor for multiple states.

Q2. Who appoints the Governor of a state in India? 

The President of India appoints the Governor, acting on the aid and advice of the Union Council of Ministers headed by the Prime Minister.

Q3. What are the eligibility criteria to become a Governor? 

A Governor must be:

  1. A citizen of India
  2. At least 35 years of age
  3. Not a Member of Parliament or State Legislature
  4. Not holding any office of profit.

If a legislator is appointed, they must resign before assuming office.

Q4. What is the tenure of a Governor in India? 

The Governor normally serves a five‑year term, but holds office “during the pleasure of the President.” This means the Governor can be removed or transferred at any time before completing the term.

Q5. How can a Governor resign or be removed?

  1. Resignation: By submitting a resignation letter to the President of India.
  2. Removal: The President can remove a Governor at any time, usually based on the advice of the Union Council of Ministers.

Q6. What is the role of the Governor in the Indian political system? 

The Governor acts as the constitutional head of the state executive and serves as a link between the Centre and the State, representing the Union Government while overseeing state governance.