Five states to get new Governors

President Ram Nath Kovind had announced the appointment of five new Governors in the states of Rajasthan, Maharashtra, Himachal Pradesh, Kerala and Telangana.

ABOUT

The Governor is the head of a state just like the President is the head of the republic. The Governor is the nominal head of a state, while the Chief Minister is the executive head.  All executive actions of the state are taken in the name of the Governor.

Eligibility Criteria

As per the Constitution of India, the following are the eligibility criteria for the appointment of the Governor in a particular state:

• He or she must be a citizen of India.
• He or she must have completed 35 years of age.

Additionally, two conventions have also developed in this regard over the years.

• He should be an outsider, that is, he should not belong to the state where he is appointed, so that he is free from the local politics.
• While appointing the governor, the president is required to consult the chief minister of the state concerned, so that the smooth functioning of the constitutional machinery in the state is ensured. However, both the conventions have been violated in some of the cases.

CONDITIONS OF GOVERNOR’S OFFICE

The Constitution lays down the following conditions for the governor’s office:

1. He should not be a member of either House of Parliament or a House of the state legislature. If any such person is appointed as governor, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as the governor.
2. He should not hold any other office of profit.
3. He is entitled without payment of rent to the use of his official residence (the Raj Bhavan).
4. He is entitled to such emoluments, allowances and privileges as may be determined by Parliament.
5. 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.
6. His emoluments and allowances cannot be diminished during his term of office

Selection Process of the Governor

The Governor is not elected by the process of direct or indirect voting (like the Chief Minister, the Prime Minister or the President). The Governor of a particular state is appointed directly by the President of India, for a period of five years. The Governor must meet all the eligibility criteria enumerated above, to be appointed by the President.

Oath and Affirmation

Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the state, or, in his absence, the senior most Judge of that court available, an oath or affirmation

Duty Term of the Governor

• A governor of a state in India holds office for a period of five years, but it is subject to termination earlier if:
  • The Governor is dismissed by the President, at whose pleasure he holds the office. In reality, the President is advised by the Prime Minister of the country, who decides the dismissal of the Governor of a state, usually on the grounds of gross delinquency namely corruption, bribery and violation of the Constitution.
  • The Governor resigns from his post. There is no retirement age of the Governor, as he or she stays in office for a fixed term. There is no provision for a Governor to be impeached from office, unlike that of a President.