Governor: Appointment, Qualifications, Term and Conditions of Service

Governor appointment qualifications decide who can be chosen to head a state's executive in India, and Articles 153 to 159 of the Constitution together lay down the office's method of selection, eligibility conditions, tenure, and the oath that precedes assumption of charge. Unlike the President, who is elected indirectly, the Governor is a nominee of the Union executive, which gives the office a distinctive, dual character as both the constitutional head of the state and a representative of the Centre.

One Governor, or More Than One State

Article 153 states simply that "there shall be a Governor for each State." As originally enacted, this meant a separate individual for every state. A 1956 amendment inserted a proviso allowing the same person to be appointed Governor for two or more states, a change that let the Union appoint one Governor across neighbouring states when required.

Mode of Appointment

Article 155 vests the appointment of a Governor in the President. The process does not involve the state legislature, the electorate of the state, or any nomination requirement resembling a Presidential election. Article 156(1) fixes the tenure on the "pleasure of the President" — the Governor holds office at the President's discretion and can be removed at any time, without the Constitution specifying grounds for such removal.

Qualifications for the Office (Article 157)

The Constitution keeps eligibility deliberately narrow. A person appointed Governor must:

• be a citizen of India, and
• have completed 35 years of age.

No further qualification — professional, educational, or otherwise — is prescribed by the constitutional text itself.

Conditions of the Governor's Office (Article 158)

Article 158 lays down the conditions attached to holding the post:

• The Governor must not be a member of either House of Parliament or of a state legislature. If a sitting member of a legislature is appointed Governor, that person is deemed to have vacated the legislative seat from the date of entering upon the office of Governor.
• The Governor must not hold any other office of profit.
• The Governor is entitled, without payment of rent, to the use of official residences (Raj Bhavans).
• The Governor is entitled to such emoluments, allowances, and privileges as Parliament may by law determine, and until Parliament does so, as specified in the Second Schedule.
• These emoluments and allowances cannot be diminished during the Governor's term of office. Where the same person serves as Governor of two or more states, the emoluments payable are apportioned among the states in a proportion the President determines.

These service conditions are currently given effect through legislation such as The Governors (Emoluments, Allowances and Privileges) Act, 1982, as subsequently amended.

Qualifications and Conditions at a Glance

Term of Office (Article 156)

The normal term of a Governor is five years from the date of entering upon office. This term is not, however, a guarantee of tenure. It can end earlier in either of two ways:

1. Dismissal by the President, exercised at the President's pleasure, without the Constitution requiring any stated cause; or
2. Resignation by the Governor, addressed in writing to the President.

Even after the five years lapse, a Governor continues to hold office until a successor enters upon the office, so that a state is never left without a Governor even momentarily. The Constitution also places no formal bar on reappointing the same person as Governor of the same state a second time, or transferring them to another state, before or after a term is completed.

Oath or Affirmation (Article 159)

Before entering upon office, a Governor must make and subscribe an oath or affirmation to faithfully execute the office, to preserve, protect, and defend the Constitution and the law, and to devote themselves to the service and well-being of the people of the state. This oath is administered by the Chief Justice of the concerned state's High Court, or, in the Chief Justice's absence, by the senior-most judge of that High Court available. Anyone discharging the functions of the Governor — for instance, under a temporary arrangement — takes a similar oath.

Why the "Pleasure" Doctrine Matters

Because Article 156(1) makes the Governor's tenure contingent on the President's pleasure rather than on a fixed, protected term, the office lacks the kind of tenure security the Constitution builds in for the President, who can be removed only through the elaborate impeachment procedure. This asymmetry is central to long-running debates over Governor-state government relations, discussed further in the article on the Governor's discretionary role in appointing a Chief Minister.

UPSC Relevance

Prelims: Exact wording and numbering of Articles 153-159; minimum age (35 years) and citizenship requirement; the 1956 amendment permitting one Governor for multiple states; who administers the oath (Chief Justice of the state High Court); "during the pleasure of the President" phrase and its implications.

Mains (GS-II): The federal implications of an appointed (rather than elected) Governor; comparison of tenure security between the President and the Governor; the significance of Article 158's conditions of service in insulating the office from certain conflicts of interest.

FAQ

Q1. What is the minimum age required to become a Governor? A person must have completed 35 years of age, as required by Article 157.

Q2. Who appoints the Governor of a state? The President of India appoints the Governor, under Article 155.

Q3. What is the normal term of office of a Governor? Five years from the date of entering upon office, though the Governor holds office during the pleasure of the President and can be removed earlier.

Q4. Can the same person be Governor of more than one state at the same time? Yes. A 1956 amendment to Article 153 permits the President to appoint the same person as Governor for two or more states.

Q5. Who administers the oath of office to a newly appointed Governor? The Chief Justice of the High Court of the concerned state administers the oath; in the Chief Justice's absence, the senior-most available judge of that High Court does so.

Quick Revision

• Article 153: a Governor for each state; since 1956, one person may hold the office in more than one state.
• Article 155: appointed by the President.
• Article 156: holds office during the President's pleasure; normal term of five years; continues till successor enters office.
• Article 157: must be an Indian citizen and at least 35 years old.
• Article 158: cannot be an MP/MLA or hold an office of profit; emoluments protected during tenure.
• Article 159: oath administered by the Chief Justice of the concerned state High Court.

Sources

• The Constitution of India, Articles 153-159 — legislative.gov.in
• The Governors (Emoluments, Allowances and Privileges) Act, 1982 — Government of India

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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