Question

Which among the following statements is/are correct regarding the qualification for the appointment of a person as a Governor? i He/she should be a citizen of India. ii. He/she should have completed the age of 35. iii. He/she should not belong to the state where he/she is appointed. iv. While appointing the Governor, the President is required to consult the Chief Minister of the state concerned.

• A. Only i
• B. Only i & ii
• C. Only i, ii, & iii
• D. All of the above

Answer 1

Answer:

B. Only i & ii

Governor's Qualifications and Appointment

• The office of the Governor is a crucial link between the Union and the State. The Constitution of India lays down specific qualifications for a person to be eligible for appointment as a Governor.

Constitutional Qualifications (Article 157)

• Article 157 of the Indian Constitution specifies the qualifications required for a person to be appointed as a Governor. A person is eligible for appointment as Governor only if:
  • He/she is a citizen of India. This is a fundamental requirement for holding any high constitutional office in the country.
  • He/she has completed the age of 35 years. This age requirement is similar to that for the President and Vice-President, signifying maturity and experience for the role.

Conventions and Practices Related to Appointment

• Beyond the constitutional qualifications, certain healthy conventions and practices have evolved over time regarding the appointment of a Governor, primarily based on recommendations by various commissions.
• Regarding not belonging to the state: It is a convention that the Governor appointed to a state should not belong to that state. This is to ensure impartiality and prevent the Governor from being influenced by local politics or vested interests. However, this is not a constitutional qualification mentioned in Article 157.
• Regarding consultation with the Chief Minister: It is another convention that the President, while appointing the Governor, should consult the Chief Minister of the state concerned. This is to ensure that the appointee is acceptable to the state government and to promote harmonious relations between the state and the Union. However, this is not a constitutional mandate; the President is not legally bound to consult the Chief Minister, though it is a strongly recommended practice by commissions like the Sarkaria Commission (1983) and the Punchhi Commission (2007).

Other Important Facts for Competitive Exams

• Appointment Process (Article 155): The Governor is appointed by the President of India by warrant under his hand and seal. Unlike the President or Vice-President, the Governor is not directly or indirectly elected by the people but is a nominee of the Central Government.
• Term of Office (Article 156): The Governor holds office during the pleasure of the President. This means the President can remove the Governor at any time, even without citing any reason. The normal term of office is five years, but this is subject to the President's pleasure.
• Oath (Article 159): The oath of office to the Governor is administered by the Chief Justice of the concerned State High Court or, in his absence, the senior-most judge of that court available.
• Dual Role: The Governor acts as the constitutional head of the state and as a representative of the Central Government. This dual role often leads to complexities and controversies.
• Sarkaria Commission Recommendations: The Sarkaria Commission on Centre-State Relations (1983) strongly recommended adherence to the conventions regarding the Governor's appointment (non-resident of the state and consultation with CM) to ensure the dignity and impartiality of the office.