StudyPulse
StudyPulse.online
CoursesExam Information Hub
← Back to UPSC Civil Services Notes

Appointment of the Governor

UPSC Civil Services• POLITY• State Executive• Appointment of the Governor
Explains the appointment of the Governor under Article 155, including the President's role, warrant of appointment, qualifications, residence requirement, political background, conventions on appointing outsiders, term and reappointment, resignation, transfer, federal implications, Sarkaria and Punchhi Commission recommendations, UPSC Prelims facts and traps, Mains perspective, reforms and quick revision.

Appointment of the Governor

Introduction

The Governor is the constitutional head of a State and is appointed through a process that reflects India's parliamentary and federal structure.

Unlike the President of India, the Governor is:

Not elected

The Governor is appointed by the:

President of India

The constitutional provision governing appointment is:

Article 155


1. Constitutional Provision

Article 155

The Governor of a State is appointed by the:

President

The appointment is made by:

Warrant under the President's hand and seal

Therefore:

President of India
        ↓
Appointment
        ↓
Governor of State
2. Method of Appointment

The Constitution provides for:

Direct appointment by the President

There is no election by:

People of the State
State Legislature
Parliament
Electoral College

Thus, the Governor is an:

Appointed Constitutional Head

3. Who Appoints the Governor?

The:

President of India

appoints the Governor.

However, in practice, the President acts on the:

Aid and Advice of the Union Council of Ministers

Therefore, the appointment is formally made by the President but is part of the Union executive process.

4. Single Person as Governor of Multiple States

Under Article 153:

A single person can be appointed as Governor of:

Two or more States

This arrangement is constitutionally permitted.

When one person serves as Governor of multiple States, the President determines the allocation of emoluments and allowances between the States.

5. Qualifications

The Constitution prescribes only two qualifications under:

Article 157

A person must:

Be a citizen of India
Have completed 35 years of age

No educational qualification is prescribed.

6. Residence Requirement

The Constitution does not require the Governor to be a resident of the State.

Therefore, a person from another State can be appointed Governor.

This is an important UPSC Prelims fact.

7. Governor Need Not Be a Member of Legislature

A Governor does not have to be a member of:

State Legislative Assembly
State Legislative Council
Parliament

In fact, under Article 158, the Governor cannot be a member of Parliament or a State Legislature while holding office.

If a sitting legislator is appointed Governor, the person's seat is deemed to be vacated upon entering office.

8. Convention Regarding Appointment

Although the Constitution does not prescribe a detailed eligibility convention beyond Article 157, certain recommendations have evolved regarding the suitability of Governors.

The:

Sarkaria Commission

recommended that a Governor should generally be:

An eminent person
From outside the State
Detached from local politics
Not recently involved in active politics

These are:

Conventions / Recommendations

rather than constitutional qualifications.

9. Sarkaria Commission on Governor

The Sarkaria Commission examined Centre-State relations and made recommendations regarding the office of Governor.

It suggested that the Governor should preferably be:

An eminent person
A person from outside the State
A detached figure
Not deeply connected with local politics

The objective was to strengthen:

Political neutrality and constitutional impartiality

10. Governor from Outside the State

Appointment of a person from outside the State is a:

Constitutional convention / recommendation

It is not a mandatory constitutional requirement.

Therefore:

The Constitution does not prohibit appointing a person belonging to the same State.

11. Governor and Political Background

The Constitution does not expressly prohibit a person with a political background from becoming Governor.

However, commissions and constitutional conventions have emphasised:

Political neutrality

The Sarkaria Commission recommended that the Governor should not be closely connected with active local politics.

12. Conditions of Office

Article 158 provides important conditions.

The Governor:

Cannot be a member of Parliament
Cannot be a member of a State Legislature
Cannot hold any other office of profit

The Governor is entitled to:

Official residence without payment of rent

13. Oath

Under:

Article 159

the Governor takes an oath or affirmation before entering office.

The oath is administered by:

Chief Justice of the concerned High Court

or, in their absence:

Senior-most available judge of that High Court

14. Term of Office

Under:

Article 156

the Governor normally holds office for:

Five years

However, the Governor holds office during the:

Pleasure of the President

Therefore, five years is not an absolute guarantee of tenure.

15. Reappointment

A Governor can be:

Reappointed

The Constitution does not prescribe a maximum number of terms.

A person may also serve as Governor of:

More than one State

subject to appointment by the President.

16. Removal

The Governor does not have a fixed constitutional removal procedure like a President.

The Governor may leave office through:

Resignation
Removal by the President
Expiry of term
Replacement by another Governor

The Governor holds office during the:

Pleasure of the President

17. Resignation

The Governor may resign by addressing the resignation to the:

President of India

The Constitution does not require the Governor to give a specific reason for resignation.

18. Transfer of Governor

A Governor may be:

Transferred

from one State to another by the President.

This follows from the Governor's constitutional relationship with the Union and the President's power of appointment.

19. Appointment Process — Simple Flow
Union Council of Ministers
          ↓
Recommendation / Advice
          ↓
President of India
          ↓
Warrant under President's hand and seal
          ↓
Governor appointed
          ↓
Oath under Article 159
          ↓
Assumes Office
20. Appointment and Federalism

The method of appointment has an important federal dimension.

Advantages

Appointment by the Union can:

Provide an impartial constitutional link
Facilitate Centre-State coordination
Provide continuity during political uncertainty
Strengthen constitutional oversight
Concerns

It can also raise concerns regarding:

Political neutrality
Central influence
Governor-State government conflicts
Allegations of partisan appointments
21. Why Is the Governor Appointed, Not Elected?

The Constitution chose appointment rather than direct election for several reasons.

1. Avoids Dual Political Authority

An elected Governor could claim an independent democratic mandate against the Chief Minister.

2. Supports Parliamentary Government

The Chief Minister and Council of Ministers remain the real political executive.

3. Reduces Electoral Competition

A separate Governor election could create another political contest within the State.

4. Strengthens Constitutional Continuity

An appointed Governor can function as a constitutional head rather than as another political executive.

22. Governor — Appointment vs President
Basis	Governor	President
Method	Appointment	Indirect election
Appointing Authority	President	Electoral College elects
Article	155	54–55
Minimum Age	35	35
Term	5 years normally	5 years
Removal	Pleasure of President	Impeachment
Constitutional Role	State Head	Union Head
23. Prelims Facts
Governor is appointed by the President.
Appointment is under Article 155.
Appointment is made by warrant under the President's hand and seal.
Governor is not elected.
Minimum age is 35 years.
Governor must be a citizen of India.
No educational qualification is prescribed.
No residence requirement is prescribed.
A person can serve as Governor of two or more States.
Governor cannot be a member of Parliament or State Legislature while holding office.
Governor cannot hold another office of profit.
Governor normally holds office for five years.
Governor holds office during the pleasure of the President.
Governor may be reappointed.
Governor may be transferred from one State to another.
Governor resigns by addressing the resignation to the President.
24. Prelims Traps
Trap 1

"The Governor is elected by the people of the State."

False

The Governor is appointed by the President.

Trap 2

"The Governor is elected by the State Legislature."

False

There is no such election.

Trap 3

"The Governor must be a resident of the State."

False

The Constitution does not prescribe such a requirement.

Trap 4

"The Governor must be a member of the State Legislature."

False

The Governor cannot be a member while holding office.

Trap 5

"The Constitution requires the Governor to be from outside the State."

False

This is a recommendation/convention, not a constitutional requirement.

Trap 6

"A Governor can serve only one term."

False

The Constitution does not prescribe a maximum number of terms.

Trap 7

"The Governor has a guaranteed five-year tenure."

False

The Governor holds office during the pleasure of the President.

Trap 8

"The Governor can be removed through impeachment."

False

There is no impeachment procedure for the Governor.

Trap 9

"The Governor is appointed by the Prime Minister."

False

The President formally appoints the Governor.

25. Important Commissions
Sarkaria Commission

Recommended:

Eminent person
Preferably from outside the State
Detached from local politics
Not recently active in politics
Punchhi Commission

The Punchhi Commission also examined the Governor's role and Centre-State relations, with emphasis on:

Constitutional neutrality
Limited discretion
Cooperative federalism
Proper conventions
26. Appointment — Key Constitutional Debate

The central debate is:

Union Appointment vs State Federal Autonomy

Argument for Union Appointment

The Governor can act as:

Constitutional link between Union and State

Concern

The appointment process may become politicised if Governors are perceived as representatives of the Union ruling party.

Therefore, the ideal appointment process should emphasise:

Merit + Neutrality + Constitutional Commitment

27. Judicial and Constitutional Principle

The Governor's office is constitutional, not political.

The Governor should:

Respect the elected government
Follow constitutional conventions
Exercise discretion sparingly
Avoid partisan conduct
Protect constitutional governance

The Governor is not intended to function as:

An alternative political executive

28. Mains Perspective

The appointment of Governors reflects the Indian Constitution's attempt to balance:

Parliamentary government
Federalism
Constitutional oversight
Political neutrality

While appointment by the President provides a common constitutional link between Union and States, concerns regarding politicisation have led to repeated demands for clearer conventions and greater transparency.

29. Way Forward
1. Merit-Based Selection

Selection should prioritise:

Eminence
Integrity
Constitutional knowledge
Administrative experience
2. Political Neutrality

Recently active political figures should preferably be avoided.

3. Outside-State Convention

The convention of appointing persons from outside the State can reduce local political entanglement.

4. Transparent Criteria

Broad criteria for selection can strengthen public confidence.

5. Respect for Federalism

Appointments should strengthen rather than weaken:

Cooperative Federalism

30. Quick Revision
APPOINTMENT OF GOVERNOR
│
├── Article 155
│   └── President appoints
│
├── Method
│   └── Warrant under President's hand and seal
│
├── Qualifications — Article 157
│   ├── Indian Citizen
│   └── 35+ years
│
├── Residence
│   └── No constitutional requirement
│
├── Political Background
│   └── Not constitutionally prohibited
│
├── Outside-State Governor
│   └── Recommendation, not requirement
│
├── Term — Article 156
│   ├── Normally 5 years
│   └── Pleasure of President
│
├── Reappointment
│   └── Permitted
│
└── Resignation
    └── To President
31. One-Line Memory Trick
155 → Appointment
156 → Term
157 → Qualifications
158 → Conditions
159 → Oath

Remember:

"Appoint → Term → Qualify → Conditions → Oath"

32. Final Takeaway

The Governor is an appointed constitutional head, not an elected political executive.

The core facts are:

Article 155 → President appoints

Article 157 → Citizen + 35 years

Article 156 → Five-year normal term + Pleasure of President

No residence requirement

No maximum number of terms

Outside-State appointment is a convention/recommendation, not a constitutional requirement

The larger constitutional objective is to ensure that the Governor functions as a:

Neutral Constitutional Head and Link between Union and State

rather than as a representative of partisan political interests.