Question

Assertion (A): The Legislature of a state or High Court has no role in the removal of the Governor.

Reason (R): No Governor can be removed from the office till the completion of five year.

• A. Both (A) and (R) are true and (R) is the correct explanation of (A)
• B. Both (A) and (R) are true but (R) is not the correct explanation of (A)
• C. (A) is true but (R) is false
• D. (A) is false but (R) is true

Answer 1

Answer:

C. (A) is true but (R) is false

Constitutional Provisions of Governor's Term and Removal

• The Governor of a State is appointed by the President of India under Article 155 of the Indian Constitution.
• Article 156(1) states that the Governor holds office during the pleasure of the President. This means the Governor can be removed by the President at any time, without assigning any reason.
• Assertion (A) is True: Neither the State Legislature nor the High Court of the respective state has any role, power, or authority in the removal of the Governor. There is no provision for the impeachment of a Governor like that of the President.
• Reason (R) is False: While Article 156(3) mentions a normal term of five years from the date on which the Governor enters office, this term is subject to the pleasure of the President. Therefore, a Governor can indeed be removed from office before completing the five-year tenure.

Key Constitutional Facts for Exams

• The Governor acts as a bridge or vital link between the Union Government and the State Government.
• The Supreme Court in the B.P. Singhal v. Union of India (2010) case ruled that while the President can remove a Governor without giving reasons, the decision cannot be arbitrary, capricious, or malicious.
• Unlike the President of India, there are no grounds mentioned in the Constitution for the removal of a Governor.