Recently, the President of India appointed six new Governors and reshuffled three others.
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Credit- Thewire.in
What is the Appointment Process for the Governor?
• Chief Executive Head: The governor is the chief executive head of the state, an office
adapted from the Canadian model.
• Non-Local Appointment: Traditionally, the governor should not belong to the state
where he is appointed to avoid local political influence.
• Consultation with Chief Minister: The president typically consults the chief minister
of the state concerned to ensure smooth functioning.
Appointment:
• Presidential Appointment: The governor is appointed by the president by warrant
under his hand and seal.
• At President Pleasure: The governor holds office at the pleasure of the President
and can be removed by the President at any time. The Supreme Court in the Surya
Narain v. Union of India Case (1982) held that the pleasure of the President is not
justiciable.
• Independent Office: The Supreme Court in Hargovind Pant v. Raghukul Tilak Case
ruled that the office of the governor is an independent constitutional office, not an
employment under the Central government.
Conditions of the Governor’s Office:
• Official Residence: The governor is entitled to use his official residence (the Raj
Bhavan) without payment of rent.
• Emoluments and Allowances: Determined by Parliament and cannot be diminished
during his term of office.
• Multiple States: When the same person is appointed as the governor of two or more
states, the emoluments and allowances are shared by the states as determined by
Privileges:
• Personal Immunity: Under Article 361, the governor enjoys personal immunity from
legal liability for his official acts.
• Criminal Proceedings: Immune from criminal proceedings during his term of office,
even for personal acts.
• Civil Proceedings: Can only be instituted after giving two months’ notice and only for
personal acts.
Oath:
• Oath of Office: Administered by the chief justice of the concerned state high court or
the senior-most judge available.
• Oath Content: The governor swears to faithfully execute the office, preserve,
protect, and defend the Constitution and the law, and devote himself to the service
and well-being of the people of the state.
Constitutional Provisions Related to the Governor
• Article 153: Establishes that there shall be a Governor for each state, and a single
person can be appointed as the Governor for two or more states (recommended by
the Sarkaria Commission).
• Articles 157 and 158: Specify the eligibility requirements for the post of Governor.
• Article 163: Provides for a Council of Ministers with the Chief Minister at the head to
aid and advise the Governor in the exercise of his functions, except in some
conditions where discretion is allowed.