Governor's Tenure, Removal and Immunity; Role in President's Rule

Governor tenure removal questions sit at the intersection of two related constitutional relationships: how a Governor holds office and how that office is legally protected, and how the Governor's own role changes dramatically once the Centre invokes President's Rule in a state. Both aspects are shaped by the same underlying design — the Governor is an appointee of the Union rather than an official elected by, or answerable to, the state legislature.

Appointment as the Basis of Tenure: Article 155

Across India's states, the Governor is appointed by the President by warrant under the President's hand and seal, under Article 155. This uniform mechanism was not always followed everywhere: before 1965, the head of state in Jammu and Kashmir was designated Sadar-i-Riyasat and was elected by the state's own Legislative Assembly rather than appointed by the President. This anomaly was removed by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, which renamed the office Governor and brought its method of appointment in line with Article 155, as in every other state. Thereafter, as elsewhere, the state's executive power vested in the Governor and was exercised on the advice of the Council of Ministers, except in the matter of appointing the Chief Minister.

Ministers Hold Office at the Governor's Pleasure

A state's Council of Ministers holds office during the pleasure of the Governor. This provision was significant enough to draw specific criticism from the Rajamannar Committee, which reviewed Centre-State relations and recommended that the rule making the ministry dependent on the Governor's pleasure be removed altogether. The Committee's broader recommendations went further still: it proposed that Articles 356, 357 and 365 — the provisions governing President's Rule — be omitted entirely, that the residuary powers be reallocated from the Union to the states, and that the All-India Services be abolished. The Central government did not act on any of these recommendations, and the pleasure doctrine over state ministries has continued unchanged.

Immunity from Legal Proceedings: Article 361

Article 361 gives the Governor, like the President, a wide shield from legal proceedings connected to the office. The Governor is not answerable to any court for the exercise or performance of the powers and duties of the office, or for any act done or purporting to be done in that capacity. No criminal proceedings whatsoever can be instituted or continued against a Governor in any court during the term of office. Civil proceedings in respect of acts done in a personal capacity may still be brought, but only after advance notice has been given — a protection intended to let the Governor perform the functions of the office without the disruption of ordinary litigation while still in office.

The Governor's Role When President's Rule Is Imposed

The Governor's position changes sharply once a Proclamation is issued under Article 356. Such a Proclamation can do three things: assume for the President all or any of the functions of the state government and all or any of the powers otherwise vested in or exercisable by the Governor (or any body or authority in the state other than the Legislature); declare that the powers of the state Legislature shall be exercisable by, or under the authority of, Parliament; and make incidental or consequential provisions necessary to give effect to the Proclamation, including suspending the operation of constitutional provisions relating to any state body or authority — except that this power cannot be used to touch the powers of a High Court. Article 357 then governs how legislative powers are actually exercised during the Proclamation: Parliament may confer on the President the power to make laws for the state, and may authorise the President to delegate that law-making power to another specified authority.

In practice, when President's Rule is imposed the President dismisses the state Council of Ministers headed by the Chief Minister, and the state's Governor — acting on behalf of the President — carries on the administration of the state with the assistance of the state's chief secretary or advisors appointed for the purpose by the President. During this period, the Governor enjoys extensive executive powers as an agent of the President rather than as the state's own constitutional head. The President also either suspends or dissolves the state Legislative Assembly, and Parliament takes over the passage of the state's legislative business for as long as the Proclamation remains in force. It is precisely because the Governor administers the state on the President's behalf during this phase that an Article 356 Proclamation is popularly described as the imposition of "President's Rule" in the state, even though the Governor remains the person actually running day-to-day administration.

UPSC Relevance

Prelims: The appointment mechanism under Article 155, the pleasure doctrine over the Council of Ministers, and the scope of Article 361 immunity are frequently tested facts.

Mains: GS Paper II questions often ask candidates to explain the Governor's changed role as an agent of the Union during President's Rule, and to evaluate criticisms — such as those of the Rajamannar Committee — of the Governor's discretionary and pleasure-based powers.

FAQ

Q1. How is a Governor appointed? By the President, by warrant under the President's hand and seal, under Article 155 — the same mechanism used uniformly across all states.

Q2. On whose pleasure does a state's Council of Ministers hold office? On the pleasure of the Governor — a rule the Rajamannar Committee recommended removing, though the Central government did not act on this recommendation.

Q3. Can a Governor be prosecuted in court while in office? No — Article 361 bars criminal proceedings against a Governor during the term of office and requires advance notice before civil proceedings over personal acts can be brought.

Q4. What happens to the Governor's role during President's Rule? The Governor administers the state as an agent of the President, exercising extensive executive powers, while the state's own Council of Ministers is dismissed and the Legislative Assembly is suspended or dissolved.

Q5. Who exercises the state Legislature's law-making powers during President's Rule? Parliament, under Article 357, which may also authorise the President to delegate that power to another specified authority.

Quick Revision

• Article 155: Governor appointed by the President by warrant under hand and seal.
• State Council of Ministers holds office during the Governor's pleasure.
• Rajamannar Committee recommended removing the pleasure doctrine and omitting Articles 356/357/365 — ignored by the Centre.
• Article 361: no criminal proceedings during term; civil proceedings need notice.
• During President's Rule (Article 356), the Governor administers the state as the President's agent; Parliament exercises the state Legislature's law-making power under Article 357.

Sources

• The Constitution of India, Article 155, Part VI — legislative.gov.in
• The Constitution of India, Articles 356 and 357, Part XVIII — legislative.gov.in
• The Constitution of India, Article 361, Part XIX — legislative.gov.in

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.

Disclosure: As an Amazon Associate, UPSC.wiki earns from qualifying purchases — at no extra cost to you.