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30th December 2024 (12 Topics)

Appointment of Governor

Context

In a significant reshuffle, President Droupadi Murmu appointed two new governors and reassigned three others, reorganising the leadership in five states.

Recent Governor Appointments: 

State

New Governor

Previous Governor

Bihar

Arif Mohammed Khan

Rajendra Vishwanath Arlekar

Kerala

Rajendra Vishwanath Arlekar

Arif Mohammed Khan

Odisha

Hari Babu Kambhampati

Raghubar Das

Manipur

Ajay Kumar Bhalla

Anusuiya Uikey

Mizoram

General (Dr.) Vijay Kumar Singh

Hari Babu Kambhampati

How is a Governor Appointed?

  • A Governor is appointed by the President of India under Articles 155 and 156 of the Indian Constitution.
  • The Governor serves "during the pleasure of the President," meaning that the President has the power to remove the Governor at any time before the completion of their five-year term.
    • The President typically works in consultation with the Prime Minister and the Council of Ministers, and this process governs the appointment and removal of the Governor.
  • Article 153 of the Constitution mandates that there shall be a Governor for each state. However, a 1956 amendment allowed the same person to be appointed as Governor for two or more states.
  • Article 163 establishes that there shall be a Council of Ministers, headed by the Chief Minister, to assist and advise the Governor in the exercise of his functions. The Governor, however, can act in his discretion in certain matters as outlined in the Constitution.
  • Pleasure Doctrine
    • The ‘Pleasure Doctrine’ asserts that a position can be terminated by the appointing authority at any time without any notice or reason. In India, this principle is reflected in Article 310 of the Constitution, which states that persons in the Union or State civil services serve at the “pleasure” of the President or Governor, respectively.
    • In the context of a Governor, the ‘pleasure’ extends to the Chief Minister and other ministers in the state. Article 164 specifies that the Governor appoints the Chief Minister and other ministers on the advice of the Chief Minister, but ministers serve at the Governor’s pleasure. However, the Governor cannot independently remove a minister; this is at the discretion of the Chief Minister.
  • Qualifications of a Governor: As per Articles 157 and 158 of the Indian Constitution, the qualifications for the office of Governor are:
    • The person must be an Indian citizen.
    • The person must be at least 35 years of age.
    • The person must not be a Member of Parliament or a member of any state legislature.
    • The person must not hold any other office of profit.

PYQ

Q. With reference to the Legislative Assembly of a State in India, consider the following statements: (UPSC 2019)

  1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
  2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.

Which of the statements given above is/are correct?

  1. Only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Solution: (c)

Q. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (UPSC 2019)

  1. First Administrative Reforms Commission (1966)
  2. Rajamannar Committee (1969)
  3. Sarkaria Commission (1983)
  4. National Commission to Review the Working of the Constitution (2000)

Solution: (c)

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