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Polity & Governance
Mahesh

15/02/23 07:17 AM IST

Role of Governors and their appointment

In News
  • Twelve states and the Union Territory of Ladakh will have new Governors, the Centre announced recently.
  • This includes both first-time appointments as well as transfers of Governors from one state to the other.
Appointment of Governor
  • Article 153 of the Constitution says “There shall be a Governor for each State.” A few years after the commencement of the Constitution, an amendment in 1956 laid down that “nothing in this article shall prevent the appointment of the same person as Governor for two or more States”.
  • Article 155 says that the “Governor of a State shall be appointed by the President by warrant under his hand and seal”.
  • Under Article 156, “the Governor shall hold office during the pleasure of the President”, but his normal term of office will be five years.
  • If the President withdraws her pleasure before the completion of five years, the Governor has to step down.
  • Since the President acts on the aid and advice of the Prime Minister and the Union Council of Ministers, in effect, the Governor is appointed and removed by the central government.
Qualification
  • Articles 157 and 158 lay down the qualifications of the Governor and the conditions of his office.
  • The Governor must be a citizen of India and should have completed the age of 35 years.
  • The Governor should not be a member of Parliament or a state legislature, and must not hold any other office of profit.
Duties/Powersof Governor
  • The position of the Governor is envisaged as an apolitical head who must act on the advice of the Council of Ministers of the state (Article 163).
  • However, the Governor enjoys certain discretionary powers under the Constitution, such as
  • Giving or withholding assent to a Bill passed by the state legislature;
  • Determining the time needed for a party to prove its majority in the state Assembly;
  • In cases of a hung verdict in an election, which party must be called first to prove its majority
Recommendations
  • The Sarkaria Commission (1983) recommended that the appointee shall be an eminent person.
  • The National Commission to Review the Working of the Constitution (2000) also suggested that a time limit, preferably six months to give assent or to reserve a Bill for consideration of the President.
  • The Punchhi Commission (2007): Amend Article 156 to provide a procedure to remove the Governor from office.
Source- Indian Express

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