The Governor Appointment, Qualifications, Oath, Power and Functions
Governor of States
Article 153 of the Indian Constitution states that “there shall be a Governor for each state”.
The Constitution of India establishes a Parliamentary form of Government at both central and state levels. Just as the President is the constitutional head of the state, the Governor is the constitutional head of a state (federal units), who is aided by a council of ministers headed by a CM.
Though the Governor is the chief executive head of the state, their position is ceremonial, the same as the President of India. True power lies with the Chief Minister and the Council of Ministers.
Historical Evolution of Governor’s Post
The Governor of the state also serves as a representative of the central Government. This practice originated in the British Raj.
- Regulating Act of 1773: When the Britishers established their rule in India, the empire was divided into three Presidencies – Calcutta, Bombay and Madras, each headed by a Governor.
- Government of India Act, 1858: When the British Crown took control in 1858, the empire was organised into provinces. The office of the Governor, who now acted as an agent of the Viceroy who presented the Crown, was preserved.
- Government of India Act, 1919: Under the Montagu Chelmsford reforms, the Governor was given partial autonomy by demarcating central and provincial subjects. It also introduced a ‘dyarchy’ in which a few provincial subjects were ‘transferred’ to elected representatives.
- Government of India Act, 1935: It introduced ‘provincial autonomy’ and ‘responsible government’ in the provinces under which the Governor was to act on the aid and the advice of the Council of Ministers responsible to the provincial legislature. The Governor acted as a representative of the Federal Government.
The Indian Constitution adopted this Practice.
Appointment of Governor of States
Unlike the President, there is no provision for the election of the Governor; s/he is appointed by the President by warrant under his hand and seal (Article 155). Effectively, the Governor of a state is a nominee of the Central Government.
This is akin to the Canadian model of appointment of Governor, where the Governor-General appoints the Governor of the provinces.
- However, the Supreme Court in 1979 held that the office of the Governor is not an employment under the Government of India; it is an independent Constitutional post and not subordinate to the Union
- Also, the 7th Constitutional Amendment (1956) made it possible to appoint the same Governor for two more states.
Why not an elected Governor?
The draft Constitution had provided for the direct election of the Governor, as is the practice in the United States. However, the Constituent Assembly went for the present system of appointment for the following reasons:
- Responsible Government: The direct election of the Governor is incompatible with the parliamentary system, which the constituent assembly favoured.
- Huge spending and elaborate arrangements for the election of a ceremonial head cannot be justified;
- Risk of Conflict of powers: The election of a Governor could create a parallel authority in the state, and therefore, the Chief Minister would always want his “man” to contest for the post.
- Central hold over states: The system of presidential nomination of the Governor would enable the centre to have a hold over the states.
Qualification and the Conditions for the Post of Governor
The Constitution has prescribed only two qualifications for the post of Governor [Art 157]:
- S/he should be a citizen of India;
- S/he should have completed the age of 35 years.
Further, the Constitution mentions the following conditions [Art 158]:
- S/he should not be a member of either the Parliament or any of the state legislatures. If an MP or MLA is appointed as the Governor, s/he is deemed to have vacated the seats on the date on which s/he enters the office.
- S/he should not hold an office of profit.
Additionally, there have been a few conventions with respect to the appointment of a Governor:
- The Governor should not belong to the state where they are being appointed. This practice is followed so that the Governor is not involved in the state’s local politics.
- The President should consult with the chief minister of the concerned state.
However, both of these conventions above have been violated several times.
