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APPOINTMENT OF GOVERNOR

Written by Talent KAS

Related Topics: State Executive, Dual Role of Governor

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President Ram Nath Kovind announced the appointment of five new Governors in the states of Rajasthan, Maharashtra, Himachal Pradesh, Kerala and Telangana.

Governor

  • Article 153 says that there shall be a Governor for each state.
  • 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as governor of two or more states
  • Constitutional heads of Union Territories are called Lieutenant Governors.

Appointment

The Governor of a State shall be appointed by the President by warrant under his hand and seal.

Qualification

The only qualifications for appointment as Governor are that he should be a citizen of India and must have completed the age of thirty-five years.

Oath

The oath of office to the governor is administered by the chief justice of concerned HC and in his absence by the senior-most judge of the HC available.

Dual Role

  • The Governor acts in ‘Dual Capacity’ as the Constitutional head of the state and as the representative.
  • He is the constitutional head of the state, bound by the advice of his council of ministers.
  • He functions as a vital link between the Union Government and the State Government.
  • He is a Representative of the President (Union Government or Central Government) in the State.

Removal

  • Governor holds office for a term of 5 years.
  • However this term of five years is subject to the pleasure of the President.
  • He may be removed by the President at any time.
  • The Constitution does not lay down any ground upon which a Governor may be removed.

Critical Aspects

  • He is only `appointed’ by the President, and not `elected.’
  • Though he is the head of the executive and the legislature, the people of the State have no voice in his appointment.
  • The manner of the appointment and the uncertainty of tenure tend to make the Governor an object of the Central government in politically charged circumstances.
  • Governor’s discretionary powers to invite the leader of the largest party/alliance, post-election, to form the government has often been misused to favour a particular political party.

[Source: The Hindu]

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