The Governor

📝Background

🌟 The Idea Behind State Government

Our Constitution of India follows a federal structure — meaning, power is divided between the Centre and the States.
However, both levels — the Union and the States — follow the same pattern of government, i.e., a Parliamentary System.

Now, where is this mentioned?
➡️ In the Constitution, the State Government is discussed under Part VI (Articles 153 to 167).

⚙️ The State Executive – Who All Are Included?

The State Executive consists of four components:

1. Governor
2. Chief Minister (CM)
3. Council of Ministers
4. Advocate General of the State

👉 Notice — there is no Vice-Governor, unlike at the Centre where we have a Vice-President.

So, you can remember:

“At the Centre – President + VP;
In the State – Governor only.”

👑 Who is the Governor?

The Governor is the Chief Executive Head of the State.
However, the key phrase here is — Nominal Head, or Titular Head, or Constitutional Head.

That means — although all executive powers are formally vested in the Governor, the real power lies with the Chief Minister and Council of Ministers, just like at the Centre where the President acts on the aid and advice of the Prime Minister and the Cabinet.

Thus, the Governor’s position is very similar to that of the President — a ceremonial head.

But there’s one more interesting point:

The Governor also acts as an agent of the Central Government.

So, the office of the Governor has a dual role:

• Constitutional Head of the State, and
• Representative (Agent) of the Centre.

🪶 One Governor for Two or More States

Normally, each state has its own Governor.
But, after the 7th Constitutional Amendment Act, 1956, it became constitutionally possible for the same person to be the Governor of two or more states.

Example:
The same person has often been Governor of Goa and Maharashtra, or Meghalaya and Manipur, etc.

🏛️ Appointment of the Governor

Here’s where a lot of confusion arises, so let’s be crystal clear.

The Governor is not elected — neither directly by the people nor indirectly through any electoral college.

➡️ Instead, the Governor is appointed by the President of India,
by a warrant under his hand and seal (a formal constitutional document).

In effect, the Governor is a nominee of the Central Government.

🧾 But is the Governor an employee of the Centre?

No.
The Supreme Court, in the Hargovind Pant case (1979), made this very clear:

“The office of Governor is not an employment under the Central Government.
It is an independent constitutional office, not subordinate to the Centre.”

So, though the appointment is done by the President, once in office, the Governor is expected to function with constitutional independence — not as a “Central officer.”

🗳️ Why Not a Direct Election for Governor?

Now, this is where a big debate happened in the Constituent Assembly.

Originally, the Draft Constitution had proposed direct election of the Governor (like in the USA).
But later, our framers rejected that and opted for appointment by the President.

Let’s understand why — and these reasons are important for UPSC:

1. Incompatibility with the Parliamentary System

In a Parliamentary system, the real executive is the Council of Ministers, not the head of state.
If the Governor were directly elected, he/she would have independent legitimacy, which could clash with the CM’s authority.

2. Possible Conflict Between Governor and Chief Minister

If both are directly elected, each can claim people’s mandate — leading to a power struggle.

3. Unnecessary Expense and Effort

Since the Governor is only a constitutional head, spending huge money and time on elections makes no sense.

4. Personality-Based Politics

The election would revolve around individual personalities, not policy — wasting public energy.

5. Partisan Governor

An elected Governor would likely belong to a political party, and thus lose neutrality and impartiality.

6. Risk of Separatist Tendencies

State-based elections for a head of state could encourage regionalism and separatism, threatening national unity.

7. Central Control

By keeping the appointment in the hands of the President, the Centre maintains a degree of supervisory control — ensuring coordination and stability in a federal setup.

8. Leadership Confusion During Elections

At the time of state elections, a directly elected Governor would add a second pole of leadership, creating confusion.

9. Weak Candidate Risk

Often, the Chief Minister would push his own loyalist as a candidate, leading to the election of a second-rate political figure.

🇺🇸 vs 🇨🇦: Which Model Did We Choose?

Two models were discussed:

• American Model → Governor directly elected by the people (rejected)
• Canadian Model → Governor appointed by the Central Head (adopted)

So, India chose the Canadian model, where the Governor of a State is appointed by the President, just like the Governor-General of a Province in Canada.

🌟 Qualifications of a Governor

Let’s begin with the basic constitutional qualifications.

The Constitution lays down only two simple conditions for a person to be eligible to become a Governor:

1. Citizen of India, and
2. Must have completed 35 years of age.

➡️ That’s it — no educational qualification, no requirement of being a member of legislature, nothing else.

Now, because this is too general, the question arose — what kind of person should actually be appointed?
To address this, the Sarkaria Commission (1983–88), which studied Centre–State relations in depth, gave important recommendations.
Let’s understand them:

🧭 Sarkaria Commission Recommendations (Governor Selection)

According to the Commission:

1. The person to be appointed should:
   • Be eminent in some walk of life — not just a political worker.
   • Be a person from outside the concerned state — to avoid local political bias.
   • Be detached from the state’s local politics.
   • Should not have taken an active part in politics, especially in the recent past.
2. If the ruling party at the Centre is different from that in the State,
   ➤ then ideally, a ruling party politician at the Centre should not be made Governor of that State — this helps maintain neutrality.
3. The Commission also suggested —
   There should be a constitutional procedure for consultation with the Chief Minister before appointment, by amending Article 155.
4. The Vice-President and the Speaker of Lok Sabha could also be informally consulted by the Prime Minister —
   but this consultation should be confidential and non-binding.

👉 So the larger idea was: “Let the Governor be a respected, non-partisan, and neutral constitutional head, not a political agent of the Centre.”

📜 Oath or Affirmation of the Governor

Before assuming office, the Governor must take an oath or affirmation, as per the Constitution.

The Governor swears three things:

1. To faithfully execute the office of Governor;
2. To preserve, protect, and defend the Constitution and the law;
3. To devote himself/herself to the service and well-being of the people of the state.

✅ Who administers this oath?

The Chief Justice of the concerned High Court administers the oath.
If the CJ is absent, then the senior-most judge available does so.

And note — if someone else is temporarily discharging the functions of Governor (say, during vacancy or illness), that person also takes the same oath.

🏠 Conditions of Office

Now, let’s move to the conditions attached to the Governor’s office.
These conditions ensure that the Governor remains independent, neutral, and dignified.

Here they are:

1. ❌ The Governor cannot be a member of Parliament or of any State Legislature.
   • If such a person is appointed, they are deemed to have vacated their seat automatically on the day they assume office.
2. ❌ The Governor cannot hold any other office of profit.
3. 🏛️ The Governor is entitled to use the official residence (Raj Bhavan) without paying rent.
4. 💰 The Governor receives emoluments, allowances, and privileges as decided by Parliament.
5. 🪙 If the same person is Governor of two or more states, the expenses are shared between those states as decided by the President.
6. ⚖️ The salary and allowances cannot be reduced during the term of office.

🧮 As per the 2018 amendment, the salary of the Governor was increased from ₹1.10 lakh to ₹3.50 lakh per month.

⚖️ Privileges and Immunities

Like the President, the Governor also enjoys certain constitutional immunities.

• He/she enjoys complete immunity from legal liability for official acts — meaning, cannot be questioned for any official decision taken in office.
• During the term:
  • The Governor is immune from criminal proceedings, even for personal acts.
  • He/she cannot be arrested or imprisoned.
• However, civil proceedings (for personal acts) can be initiated only after giving two months’ notice.

So, just like the President, this immunity ensures that the Governor can perform constitutional functions without fear or pressure.

⏳ Term of Office

The Governor’s term is five years, counted from the date he/she assumes office.
But remember the crucial phrase:

“…subject to the pleasure of the President.”

That means, even though the term is five years on paper, the Governor holds office during the pleasure of the President — i.e., the President (effectively, the Central Government) can remove the Governor at any time.

⚖️ Judicial Interpretation — Surya Narain Case (1981)

In this case, the Supreme Court held that the “pleasure of the President” is not justiciable, meaning:

• Courts cannot question why or on what grounds a Governor was removed.
• The Governor has no fixed tenure and no job security.

So practically speaking, the Governor serves at the will of the Centre.

🏛️ Political Practice of Removal

This lack of fixed tenure has often led to political misuse of the office.

Examples:

• In 1989, the V.P. Singh Government asked all Governors (appointed by Congress) to resign.
• Similarly, in 1991, the P.V. Narasimha Rao Government replaced 14 Governors appointed by previous regimes.

This shows how changes in the Union Government often lead to reshuffling of Governors — a practice criticized for politicizing a constitutional office.

🔁 Transfer, Reappointment, and Continuity

• The President can transfer a Governor from one state to another for the remaining term.
• A Governor can also be reappointed — in the same state or a different one.

Also, there’s an important continuity clause:

Even after the five-year term ends, the Governor continues in office until a successor takes charge.

This is to avoid any interregnum — i.e., no state can remain without a Governor even for a single day.

⚠️ Temporary Arrangements

If any contingency arises — say, the death of a sitting Governor, or delay in appointment —
the President can make suitable arrangements.

For instance:

• The Chief Justice of the State High Court may be appointed temporarily to discharge the Governor’s functions.