Appointments Governors and Lt. Governor

The President of India approved the appointment of new Governors for Goa and Haryana, and a new Lieutenant Governor for Ladakh.

Governor: Constitutional Position & Appointment:

Constitutional Basis

• Article 153: There shall be a Governor for each state; however, one person can be appointed as Governor for two or more states.
• Articles 157 & 158: Lay down the qualifications and conditions of service for the Governor.
• The Governor is the nominal executive head of the state, similar to the President at the Union level.

Appointment Process

• Appointed by the President of India by warrant under his hand and seal (Article 155).
• The Governor is a nominee of the Union Government and holds office at the pleasure of the President (Article 156).
• As a constitutional convention, the appointee should not be from the state in which he/she is appointed to avoid political bias.
• The President usually consults the Chief Minister of the concerned state before appointing the Governor.

Term and Removal

• Tenure: 5 years (not fixed; serves at the pleasure of the President).
• Removal: Can be removed by the President at any time without giving reasons.
• Resignation: Can resign by writing to the President.

Nature of Office

• The Governor’s post is an independent constitutional office, not under the control of the Union Government.
• In Hargovind Pant v. RaghukulTilak (1979), the SC held that the Governor is not an employee of the Central Government.
• In Surya Narain v. Union of India (1982), SC ruled that pleasure of the President is not justiciable in courts.

Oath and Conditions

• Oath: Administered by the Chief Justice of the High Court (or the senior-most judge).
  • To preserve, protect, and defend the Constitution.
  • To serve the people of the state faithfully.
• Article 158:
  • Cannot be a member of Parliament or State Legislature.
  • Shall not hold any office of profit.
  • Entitled to use of official residence (Raj Bhavan) and emoluments as determined by Parliament.
  • Salary and allowances cannot be reduced during term.

Privileges and Immunities

• Under Article 361:
  • No criminal proceedings can be initiated during tenure.
  • Civil proceedings can be initiated with two months’ notice.
  • Cannot be arrested or imprisoned while in office.
  • Enjoys immunity for acts done in official capacity.

Sarkaria Commission Recommendations

• Recommends that the Governor should be a distinguished person from outside the state, free from intense political involvements.
• Advocates consultation with Chief Minister in Governor’s appointment to ensure cooperative federalism.