The constitution of India provides the same pattern of government in the states as that for the Centre. As it is the indispensable demand of a federal structure of a government. Part 6 of the constitution deals with the government in the states. From article 153 to article 167 of our constitution we have provisions dealing with the state executive.
The state executive consists of the governor, the chief minister, the council of ministers, and the advocate general of the state. The governor is the chief executive head of the state. But, like the president, he is the nominal executive head. In other words, he has no real powers in making decisions and no substantial powers regarding legislation. The governor acts as an agent of the President. Therefore the office of the governor has a dual role.
Procedure to Appoint the Governor of the State?
The governor is neither directly elected by the people nor indirectly by an electoral college specially constituted for this purpose. He is appointed by the president by warrant under his hand and seal. In a way, he is a nominee of the central government as they appoint him. However, in 1979, the Supreme Court of India held that the office of the governor of a state is not employed under the central government. It is an independent constitutional office. It is
not under the control of the central government in any way.
Reasons for Not Having an Election System for the Governor of a State :
- The direct election of the governor is not compatible with the parliamentary system established in the states.
- The mode of direct election may create disputes between the governor and the chief minister. As the chief minister is a popular representative, he has the legitimacy of the people. If we have the same arrangement for the governor he may try to supersede the Chief minister which is against the spirit of our constitution.
- The governor being only a constitutional head, there is no point in making such elaborated arrangements for his election and spending a huge amount of money.
- An elected governor would definitely belong to a political party and thus, he would not be a neutral person and cannot be an impartial head of a government.
- The chief minister would like his nominee to contest for governorship. Hence, a second-rate man of the ruling party is elected as governor.
Therefore, we adopted the Canadian model of government in this case. Canadian constitution seeks the appointment of the Governor of a province by the Governor General.
Qualifications For the Appointment of a Person as a Governor
- The person should be a citizen of India. That is, he or she should not be a citizen of any other country. This can be seen as a symbol of self-governance.
- The person should have completed the age of 35 years.
Conditions of the Governor’s Office
The constitution of India lays down the following conditions for the governor’s office :
- He should not be a member of either the House of Parliament or the House of the state legislature. If any such person is appointed as governor, he has to vacate his seat in that House on the date on which he enters his office as the governor.
- He should not hold any other office of profit. This means he should not be a member of any such association which is considered a government undertaking.
- He is entitled To use an official residence ( the Raj Bhavan ) without payment of rent.
- He is entitled to the salary, allowances, and privileges as may be determined by Parliament.
- When the same person is appointed as the governor of two or more states, the emoluments and allowances payable to him are shared by the states in such proportion as determined by the president.
- His salary and allowances and other privileges can not be reduced during his term of office.
Before Entering his office, the governor has to make and Subscribe to an Oath. His oath is:
- To faithfully execute the office,
- To preserve, protect and defend the constitution and the law,
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To devote himself to the service and well-being of the people of the state.
The oath of governor is administered by the chief justice of the high court of the state. If he is absent then the oath will be taken in the presence of the senior judge of that court.
Term of Governor’s Office
A governor holds office for a term of five years from the date on which he enters his office. However, it does not mean that he cannot be removed before five years. Our constitution provides that a governor serves in his office at the pleasure of the President of India. This, if President wants to remove him he can do it. Moreover, a governor can resign at any time by giving a resignation letter to the President of India. A governor can even hold office beyond the term of five years until his successor joins the office. This idea is just to maintain the continuity of the governor’s office. Furthermore, the chief justice of the concerned state high court may be appointed, by the President,
temporarily to discharge the functions of that state.
Conclusion
The Office of a Governor of a state has a very important role in a state government. Without this, it is impossible to think about the smooth functioning of constitutional machinery in the states. Thus, our constitution provides us with a governor as an agent of the central government. To make this office unbiased the constitution demands from a person to vacate any office of profit it has occupied so far.
MCQ Questions on Governor
Q1. Which Article of the Indian Constitution deals with the appointment of the Governor?
Ans. Article 155: The Governor of a State shall be appointed by the President by warrant under his hand and seal.
Q2. What is Article 157?
Ans. Article 157 is related to the Qualifications for appointment as Governor, which state that No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.
Q3. Who is the Chief Executive Head of the State?
Ans. Governor is the chief executive head of the state.
Q4. Who can Appoint a Governor of a State?
Ans. A state governor can appoint a chief minister, advocate general and other ministers of the state.