Governor of an Indian State – part 1

The Governor is the highest constitutional authority in a state, serving as the nominal head of the state (constitutional head) and acting as the agent of the central government, giving the office a dual role.

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1. Constitutional Provisions

Articles 153–167 of Part VI of the Constitution deal with the Governor and state executive.
Article 153: There shall be a Governor for each state. The same person may be appointed as Governor for two or more states.
Article 155: The President appoints the Governor by warrant under his hand and seal.
Article 157: Qualifications for appointment.
Article 158: Conditions of the office.
Article 361: Immunities and privileges.

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2. Appointment

The Governor is appointed by the President, not elected.
Supreme Court (Hargovind Pant Case, 1979): Governor is an independent constitutional office, not a central government employee.
Rationale for appointment over election:
Ensures neutrality, avoiding conflicts with the Chief Minister.
Reduces costs and prevents separatist tendencies.
Follows the Canadian model.

Sarkaria Commission Recommendations (1983-88):

Should be distinguished in some field.
Should come from outside the state.
Must remain detached from local politics.
Politically neutral; avoid appointing central party politicians in opposition-ruled states.
Consultation with the state Chief Minister recommended but not mandatory.

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3. Qualifications (Article 157)

Must be a citizen of India.
Must be at least 35 years old.

Conventions:

Independence from local influence (ideally from another state).
Consult Chief Minister for smooth functioning.

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4. Oath or Affirmation

Administered by the Chief Justice of the State High Court (or senior-most judge if unavailable).

Governor pledges to:

Faithfully execute the office.
Preserve, protect, and defend the Constitution and law.
Serve the people of the state.

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5. Conditions of Office (Article 158)

Must not be a member of Parliament or state legislature; vacates seat upon appointment.
Must not hold any other office of profit.
Entitled to official residence (Raj Bhavan), emoluments, allowances, and privileges as determined by Parliament.
Emoluments cannot be reduced during the term.
If Governor holds office in multiple states, emoluments are shared proportionally.

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6. Immunities and Privileges (Article 361)

Official acts: Governor is immune from civil or criminal liability for official acts.
Criminal proceedings: Cannot be initiated while in office.
Civil proceedings: Can be initiated for personal acts, with two-month notice.
Judicial accountability: Affirmed in Rameshwar Prasad vs Union of India (2006).

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7. Powers of the Governor

Executive Powers:
Appoints Chief Minister, other ministers, Advocate General, and state officials as per law.
Can recommend President’s Rule under Article 356.
Legislative Powers:
Summons, prorogues, or dissolves state legislature.
Addresses the first session after state elections.
Gives assent to bills, can reserve bills for President’s consideration.
Judicial Powers:
Can grant pardons, reprieves, respites, or remission of punishment (Article 161).
Discretionary Powers:
In cases of hung assemblies, may choose a Chief Minister.
May withhold assent to bills in exceptional situations.

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8. Dual Role of the Governor

Nominal head: Constitutional head of the state executive.
Agent of Centre: Ensures Centre-State relations and rule of law.

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9. Key Points for UPSC Prelims

Governor is appointed, not elected (President via warrant).
Minimum age: 35 years; citizenship: India.
Can hold office in more than one state.
Holds office at President’s pleasure.
Immunity under Article 361.
Plays executive, legislative, and judicial roles in the state.
Can recommend President’s Rule.