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Term and Tenure of the Governor

UPSC Civil Services• POLITY• State Executive• Term and Tenure of the Governor
Explains the term and tenure of the Governor under Article 156, covering the five-year normal term, President's pleasure, resignation, removal, reappointment, transfer, continuation after expiry, temporary arrangements under Article 160, federal implications, B.P. Singhal judgment, Sarkaria Commission recommendations, UPSC Prelims facts and traps, Mains perspective and quick revision.

Term and Tenure of the Governor

Introduction

The term and tenure of the Governor are primarily governed by:

Article 156 of the Constitution

The Governor normally holds office for:

Five years

However, the Governor does not enjoy an absolute five-year tenure because the office is held during the:

Pleasure of the President


1. Constitutional Provision

Article 156

Article 156 deals with the:

  • Term of office of Governor
  • Resignation
  • Continuation in office after expiry of term

The key principle is:

Five-year term + Pleasure of President


2. Normal Term

The normal term of a Governor is:

Five years

The five-year period is calculated from the date on which the Governor enters office.

However, this does not mean that the Governor is guaranteed to remain in office for the entire five years.


3. Pleasure of the President

The Governor holds office during the:

Pleasure of the President

This means the President can remove the Governor before completion of the five-year term.

In practice, the President acts on the:

Aid and Advice of the Union Council of Ministers


4. No Impeachment Procedure

Unlike the President, the Governor does not have an:

Impeachment procedure

for removal.

The Governor can be removed by the President in accordance with the constitutional scheme of Article 156.


5. Resignation

The Governor may resign before completion of the term.

The resignation is addressed to the:

President of India

Therefore:

Governor
   ↓
Resignation
   ↓
President
6. Reappointment

The Constitution does not prohibit:

Reappointment of a Governor

There is no prescribed maximum number of terms.

A person may therefore be appointed Governor again after completing a term.

7. Transfer

A Governor may be transferred from one State to another by the:

President

A person may therefore serve as Governor of different States at different times.

A single person may also be appointed Governor of:

Two or more States

at the same time.

8. Continuation After Five Years

The expiry of five years does not automatically mean that the Governor must immediately leave office.

Under Article 156, the Governor continues in office until the:

Successor enters upon office

Therefore:

Five years = Normal term

but not necessarily the exact period of occupancy.

9. Vacancy in the Office of Governor

A vacancy may arise because of:

Expiry of term
Resignation
Removal
Death
Other circumstances

When a vacancy occurs, constitutional arrangements are made for the discharge of the Governor's functions.

10. Temporary Discharge of Functions
Article 160

The President may make provisions for the discharge of the functions of the Governor in:

Contingencies not provided for in the Constitution

This provides flexibility in unusual situations.

11. Governor's Tenure vs President's Tenure
Governor	President
Article 156	Article 56
Normal term — 5 years	Term — 5 years
Pleasure of President	Not subject to pleasure
No impeachment	Impeachment
Resignation to President	Resignation to Vice-President
Can be transferred	No equivalent transfer
12. Governor's Tenure vs Chief Minister's Tenure

The Governor's tenure is constitutionally different from that of the Chief Minister.

Governor
Normal term of five years
Holds office during President's pleasure
Not dependent on Legislative Assembly confidence
Chief Minister
Must command confidence of Legislative Assembly
Political tenure depends on legislative majority
Usually continues while enjoying Assembly support
13. Pleasure Doctrine — Important Point

The phrase:

"During the pleasure of the President"

does not mean that the Governor can be removed through completely arbitrary personal action.

The exercise of constitutional power remains subject to:

Constitutional principles
Judicial review
Relevant constitutional conventions

The Supreme Court has emphasised that the Governor's office should not be treated as a partisan political office.

14. Judicial Position on Removal

In:

B.P. Singhal v. Union of India — 2010

the Supreme Court examined the removal of Governors.

The Court held that although the Governor holds office during the pleasure of the President, the power of removal cannot be exercised in an:

Arbitrary, capricious or unreasonable manner

The Court recognised that the Governor is a constitutional office-holder and cannot be removed merely because of a change in the political situation or because the Governor does not belong to the political ideology of the Union Government.

15. B.P. Singhal Case — Importance
B.P. Singhal v. Union of India — 2010

Key principle:

Pleasure of the President ≠ Completely Unrestricted Power

The judgment protects the constitutional dignity and independence of the office.

16. Governor's Tenure and Federalism

The tenure of the Governor has an important federal dimension.

Because the Governor is appointed and can be removed by the Union, concerns may arise regarding:

Union influence
Political neutrality
Centre-State tensions
Stability of the constitutional office

Therefore, the Governor is expected to function as:

A neutral constitutional head

rather than as a political representative of the Union.

17. Recommendations on Tenure

The:

Sarkaria Commission

emphasised the importance of:

Security of tenure
Political neutrality
Proper constitutional conventions
Avoiding arbitrary removal

The Governor should ideally be allowed to complete the normal term unless there are valid constitutional reasons for removal.

18. Prelims Facts
Governor's term is dealt with under Article 156.
Normal term is five years.
Governor holds office during the pleasure of the President.
The Governor can resign before completion of the term.
Resignation is addressed to the President.
Governor can be reappointed.
Governor can be transferred.
One person can serve as Governor of two or more States.
Governor can continue after five years until the successor enters office.
There is no impeachment procedure for the Governor.
Article 160 deals with contingencies not otherwise provided for.
19. UPSC Prelims Traps
Trap 1

"Governor has a guaranteed five-year tenure."

False

The Governor holds office during the pleasure of the President.

Trap 2

"Governor automatically vacates office after exactly five years."

False

The Governor continues until the successor enters office.

Trap 3

"Governor can be removed through impeachment."

False

There is no impeachment procedure for the Governor.

Trap 4

"Governor resigns to the Chief Minister."

False

The resignation is addressed to the:

President

Trap 5

"Governor cannot be reappointed."

False

The Constitution does not prohibit reappointment.

Trap 6

"One person cannot serve as Governor of more than one State."

False

The Constitution permits a single person to be Governor of two or more States.

Trap 7

"Pleasure of the President means unlimited arbitrary removal."

False

The Supreme Court has placed constitutional limits on the exercise of this power.

20. Article 156 vs Article 160
Article 156	Article 160
Term of Governor	Contingencies
Five-year normal term	Discharge of functions
Pleasure of President	President makes provisions
Resignation	Unforeseen situations
21. Article 156 — Memory Map
ARTICLE 156
│
├── Normal Term
│   └── 5 Years
│
├── Pleasure
│   └── President
│
├── Resignation
│   └── To President
│
└── Continuation
    └── Until successor enters office
22. Complete Tenure Flow
Appointment
    ↓
Governor enters office
    ↓
Normal term — 5 years
    ↓
┌───────────────┬───────────────┐
↓               ↓               ↓
Resignation    Removal         Term expiry
↓               ↓               ↓
President       President       Continue until
                                successor enters
                                office
23. Mains Perspective

The Governor's tenure reflects a constitutional compromise between:

Continuity of the State Executive + Accountability to the Union constitutional framework

The five-year normal term provides institutional continuity, while the President's pleasure provides flexibility.

However, excessive use of the removal power can undermine:

Federalism
Political neutrality
Constitutional independence

Therefore, the pleasure doctrine should be exercised according to:

Constitutional morality + Political neutrality + Federal principles

24. Way Forward
Security of Tenure

Governors should normally be allowed to complete their five-year term.

Constitutional Grounds

Premature removal should be based on constitutionally defensible grounds rather than political considerations.

Political Neutrality

The office should remain above day-to-day partisan politics.

Cooperative Federalism

The Union should respect the constitutional role of Governors while avoiding unnecessary interference in State politics.

Judicial Safeguards

The principles laid down in B.P. Singhal should guide the exercise of the removal power.

25. Quick Revision
TERM & TENURE OF GOVERNOR
        ↓
    ARTICLE 156
        ↓
Normal Term → 5 Years
        ↓
Pleasure → President
        ↓
Resignation → President
        ↓
No Impeachment
        ↓
Reappointment → Allowed
        ↓
Transfer → Possible
        ↓
After 5 Years
        ↓
Continues until successor enters office
26. One-Line Memory Trick

"156 = Five + Pleasure + Resignation + Continuation"

Remember:

5 years + President's pleasure + resignation to President + successor until entry

27. Final Takeaway

The Governor has a:

Normal five-year term

but not an absolutely guaranteed five-year tenure.

The four most important points are:

Article 156 → Term

5 years → Normal term

Pleasure of President → Premature removal possible

Successor enters office → Governor can continue after five years

For UPSC, the most important judgment is:

B.P. Singhal v. Union of India (2010) → Pleasure does not mean arbitrary removal.