APPOINTMENT OF GOVERNOR (Syllabus: GS Paper 2 – Polity)

Context: Recently, the President appointed new Governors for Rajasthan, Telangana, Maharashtra, Punjab, Sikkim, Meghalaya, Assam, Jharkhand, and Chhattisgarh.

Appointment of Governor

• Constitutional Provision: Article 153 of the Indian Constitution mandates a Governor for each State.
• Amendment: A 1956 amendment allows the same person to be Governor for multiple States.
• Appointment Procedure: Article 155 specifies that the President appoints the Governor by warrant under their hand and seal.
• Term of Office: According to Article 156, the Governor serves at the President’s pleasure, typically for five years.
• Central Government Influence: The President, acting on the advice of the Prime Minister and Union Council of Ministers, effectively appoints and can remove the Governor.
• Eligibility Criteria: Articles 157 and 158 require the Governor to be:

o An Indian citizen,

o At least 35 years old,

o Not a member of Parliament or state legislature,

o Not holding any other office of profit.

• Relationship with State Government
• Advisory Role: The Governor, as per Article 163, acts on the advice of the state’s Council of Ministers, headed by the Chief Minister, except when exercising discretionary functions.
• Powers and Significance: The Governor has significant powers, including assent to state Bills, determining legislative majorities, and calling parties to prove their majority in case of a hung verdict.

Lieutenant Governor

• About: A Lieutenant Governor also has the same powers. Only three Union Territories — Andaman and Nicobar, Delhi and Puducherry have Lt. Governors.
• Role of LG:

o Representative of the President: The Lieutenant Governor (L-G) acts as the President's representative, following the aid and advice of the Council of Ministers.

o Discretionary Powers: Under Section 41 of the GNCT Act, 1991, the L-G can act independently on matters outside the Legislative Assembly’s jurisdiction.

o Authority on Specific Matters: For issues related to Police, Public Order, and Land, the L-G exercises authority based on the delegation by the President.