Appointment of Governor

Appointment of Governor

Why in News? 

Recently, the President has approved a major gubernatorial reshuffle, appointing new Governors and Lieutenant Governors in nine States and Union Territories, including West Bengal, Bihar and the UT of Delhi.

List of Newly Appointed Governors in 9 States and Union Territories

• West Bengal: R. N. Ravi, who earlier served as Governor of Tamil Nadu, has been appointed the new Governor of West Bengal after the resignation of C. V. Ananda Bose. Ravi is a former Indian Police Service officer and security expert.
• Bihar: Lieutenant General (Retd.) Syed Ata Hasnain, a former Indian Army commander, has been appointed the Governor of Bihar. Known for his role in counter-insurgency operations in Jammu & Kashmir.
• Telangana: Shiv Pratap Shukla, who earlier served as Governor of Himachal Pradesh, has been appointed as the Governor of Telangana. 
• Maharashtra: Former Tripura Deputy Chief Minister Jishnu Dev Varma, previously serving as Governor of Telangana, has been transferred and appointed the Governor of Maharashtra.
• Nagaland: Senior political leader Nand Kishore Yadav has been appointed the Governor of Nagaland. The Governor plays a significant role in law and order and tribal administration.
• Himachal Pradesh: Kavinder Gupta, previously the Lieutenant Governor of Ladakh, has been appointed Governor of Himachal Pradesh. He earlier served as Deputy Chief Minister of Jammu & Kashmir and Speaker of the J&K Legislative Assembly.
• Delhi: Former Indian Ambassador to the United States, Taranjit Singh Sandhu, has been appointed the Lieutenant Governor of Delhi. His diplomatic background is expected to contribute to improved coordination between the Union Government and National Capital Territory administration.
• Ladakh: Vinai Kumar Saxena, earlier serving as Lieutenant Governor of Delhi, has been appointed the Lieutenant Governor of Ladakh. Ladakh, a strategic border Union Territory created in 2019 after the reorganisation of Jammu and Kashmir, requires strong administrative leadership. 
• Tamil Nadu: Following the transfer of R. N. Ravi, Rajendra Vishwanath Arlekar, the Governor of Kerala, has been given additional charge of Tamil Nadu until a permanent appointment is made. 

How are Governors Appointed in India and What are the Key Rules?

• Constitutional Authority: Under Article 155 of the Indian Constitution, the Governor of a State is appointed by the President of India by warrant under his hand and seal. While the President signs the order, they act on the binding aid and advice of the Central Cabinet.
• Qualifications for Office: Article 157 stipulates only two mandatory requirements: the individual must be a citizen of India and must have completed the age of 35 years. No specific educational or professional background is constitutionally required.
• Prohibition of Dual Roles: According to Article 158, a Governor cannot be a member of either House of Parliament or a State Legislature. If a member is appointed, they must vacate their seat on the date they assume the new office.
• Selection by Central Government: In practice, the Prime Minister and the Union Home Minister select the candidates. This ensures that the Governor, as a bridge between the Centre and the State, aligns with the national administrative vision.
• Outsider Convention: A significant convention is that the appointee should be an outsider to the state they are governing. This prevents the Governor from becoming entangled in local party politics and ensures an impartial stance.
  • The Punchhi Commission suggested that Governors should be eminent persons from outside politics or at least not have been active in politics for some time.
• Consultation: The Sarkaria Commission recommended that the Chief Minister of the concerned state should be consulted before an appointment. While this is a healthy convention for cooperative federalism, it is frequently bypassed by the Centre.
• Fixed Tenure: Article 156 states the Governor holds office during the pleasure of the President. While the standard term is five years, the President can remove them at any time without providing a specific reason.
• Transfer: The President holds the power to transfer a Governor from one state to another for the remainder of their term. This is often done for administrative exigencies or political realignments.
  • In the B.P. Singhal v. Union of India (2010) case, the Supreme Court of India ruled that although Governors hold office at the pleasure of the President, their removal cannot be arbitrary or politically motivated.
• Oath of Office: Before entering office, the Governor must take an oath under Article 159. The oath is administered by the Chief Justice of the relevant State High Court.
• Emoluments: The Governor’s salary and allowances are determined by Parliament. Once appointed, these benefits cannot be diminished during their term, ensuring financial independence from the state executive.
• Role as Chancellor: Governors usually serve as the ex-officio Chancellor of state-run universities. This gives them a vital role in the higher education ecosystem, though it often leads to friction with state governments.
• Immunity from Legal Action: Under Article 361, the Governor enjoys personal immunity from criminal proceedings for any act done in the exercise of their official powers. They cannot be arrested or imprisoned during their term.
• Discretionary Powers: Governor has specific discretionary powers, such as recommending President’s Rule (Article 356) or reserving a Bill for the President’s consideration (Article 200).
• Resignation Process: A Governor may resign at any time by writing a letter addressed to the President. The resignation becomes effective immediately upon acceptance, and a temporary arrangement is usually made via a neighboring Governor.
• Acting Governors: In the event of a sudden vacancy or absence, the President may make arrangements under Article 160. Often, the Chief Justice of the High Court is appointed as the acting Governor to ensure continuity.