Question

Which article of the Constitution of India governs the tenure of a State Governor under the Doctrine of Pleasure?

• A. Article 310
• B. Article 311
• C. Article 155
• D. Article 124

Answer 1

Answer:

C. Article 155

Understanding the Governor's Tenure and the Doctrine of Pleasure

• The tenure of a State Governor in India is primarily governed by Article 156 of the Indian Constitution.
• Article 156(1) explicitly states that "The Governor shall hold office during the pleasure of the President." This is the direct constitutional basis for the 'Doctrine of Pleasure' concerning the Governor's tenure.
• The 'Doctrine of Pleasure' implies that the Governor does not have a fixed tenure and can be removed by the President at any time, without assigning any specific reason. This power is exercised by the President on the aid and advice of the Union Council of Ministers.
• While Article 156(3) specifies a normal term of five years from the date on which the Governor enters upon their office, this term is subject to the President's pleasure. Therefore, a Governor can be removed before the completion of their five-year term.
• A Governor can also resign from office by addressing a letter of resignation to the President [Article 156(2)].

Distinction with Article 155 (Appointment)

• It is crucial for competitive exams to understand the distinction: Article 155 of the Constitution deals with the appointment of the Governor. It states that "The Governor of a State shall be appointed by the President by warrant under his hand and seal."
• While Article 155 lays down who appoints the Governor, it is Article 156 that specifically governs the term of office and the application of the 'Doctrine of Pleasure' regarding the Governor's continuation in office or removal.
• The link between appointment and pleasure is that the authority who appoints (President under Art 155) is also the authority whose 'pleasure' determines the tenure (under Art 156).

Key Facts and Judicial Interpretations for Competitive Exams

• Appointment Process: The Governor is appointed by the President, acting on the advice of the Central Government. The Governor is an appointee of the Centre and not directly elected by the people or the state legislature, which gives rise to the 'Doctrine of Pleasure' for their removal.
• Qualifications: As per Article 157, a person must be a citizen of India and have completed the age of 35 years to be eligible for appointment as Governor.
• Conditions of Office: Article 158 outlines conditions such as not holding any other office of profit and being entitled to emoluments, allowances, and privileges as determined by Parliament.
• Oath or Affirmation: As per Article 159, the Governor takes an oath or affirmation administered by the Chief Justice of the concerned High Court, or in their absence, the seniormost judge of that High Court available.
• B.P. Singhal v. Union of India (2010): This landmark Supreme Court judgment clarified that while the Governor holds office during the pleasure of the President, this 'pleasure' is not absolute, arbitrary, or whimsical. It is subject to judicial review, though the scope of such review is limited. The removal must be based on compelling and valid reasons related to the Governor's actions or inactions. This ruling provides a safeguard against arbitrary removal.
• The role of the Governor, particularly regarding the 'Doctrine of Pleasure,' has been a subject of significant debate and judicial scrutiny, emphasizing the need for a non-partisan approach in their functions.