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Governor — Removal and Resignation

UPSC Civil Services• POLITY• State Executive• Governor — Removal and Resignation
Explains the Governor's tenure, removal and resignation under Article 156. Covers the normal five-year term, pleasure of the President, removal before completion of the term, resignation to the President, absence of an impeachment procedure, constitutional limits on removal, B.P. Singhal judgment, vacancy and additional-charge arrangements, reappointment, federalism concerns, Sarkaria and Punchhi Commission perspectives, UPSC Prelims facts and traps, and Mains perspective.

Governor — Removal and Resignation

Introduction

The Governor is appointed by the President and holds office during the:

Pleasure of the President

The Governor does not have a constitutionally guaranteed fixed tenure of five years.

The constitutional provisions relating to tenure, resignation and removal are mainly contained in:

Article 156

The key principle is:

Governor → President appoints, President can remove, Governor resigns to President


1. Constitutional Basis

The Governor's tenure and removal are primarily governed by:

Article 156

Article 156 provides that:

  • The Governor holds office during the pleasure of the President.
  • The Governor normally has a term of five years.
  • The Governor may resign by writing addressed to the President.
  • The Governor continues in office until the successor enters upon office.

2. Normal Term of Governor

The Governor's normal term is:

Five years

However, this does not mean that the Governor is guaranteed a five-year tenure.

The Governor holds office during the:

Pleasure of the President

Therefore:

Five years = Normal term

but:

Pleasure of President = Actual constitutional tenure


3. Governor's Resignation

The Governor may resign from office at any time.

The resignation must be addressed to the:

President of India

Therefore:

Governor
   ↓
Resignation Letter
   ↓
President

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

4. Governor's Removal

The Governor can be removed by the:

President

The Constitution does not prescribe a formal impeachment procedure for the Governor.

Therefore:

Governor ≠ Impeachment

Unlike the President, the Governor is not removed through an impeachment process.

5. Pleasure of the President

The expression:

"Pleasure of the President"

is the constitutional basis for the Governor's removal.

The President can remove the Governor before completion of the normal five-year term.

However, the Governor's office is constitutional in nature, and the power of removal is not intended to be exercised in an arbitrary or politically improper manner.

6. Is Governor's Five-Year Term Guaranteed?

No.

The Governor's normal term is five years, but the Governor may leave office earlier because of:

Resignation
Removal by the President
Other constitutional circumstances

Therefore:

Five-year term ≠ Guaranteed tenure

7. Can Governor Be Removed Before Five Years?

Yes.

Since the Governor holds office during the pleasure of the President, the President can remove the Governor before completion of five years.

Normal Term
     ↓
Five Years
     ↓
But subject to
President's Pleasure
     ↓
Removal possible before 5 years
8. Is Parliamentary Approval Required for Removal?

No.

The Constitution does not require:

Parliamentary impeachment
Approval of Parliament
Supreme Court proceedings

for removal of a Governor.

The removal is effected by the:

President

9. Can President Remove Governor Without Impeachment?

Yes.

The Governor's removal is fundamentally different from the President's removal.

President

Removed through:

Impeachment by Parliament

under Article 61.

Governor

Removed by:

President

under the constitutional arrangement of Article 156.

10. Grounds for Removal

The Constitution does not provide a detailed statutory list of grounds for removal of a Governor.

The Governor holds office during the pleasure of the President.

However, constitutional conventions and judicial principles require the office to be treated as:

A constitutional office

rather than as an ordinary political appointment.

Removal should therefore not be understood as an unrestricted political power.

11. Can Governor Be Removed for Political Reasons?

The issue has been the subject of constitutional debate.

A change in the Union Government does not by itself provide a constitutional reason to remove every Governor.

The Governor is expected to function as an:

Impartial Constitutional Authority

and not as a political representative of the Union Government.

12. B.P. Singhal v. Union of India — 2010
B.P. Singhal v. Union of India

This is the most important Supreme Court judgment concerning:

Removal of Governors

The Supreme 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.

A change in the Union Government or political considerations alone cannot justify arbitrary removal.

The judgment is therefore important for understanding:

Pleasure Doctrine + Constitutional Limitations

13. Pleasure Doctrine Is Not Absolute

The expression:

"Pleasure of the President"

does not mean that the President has an unlimited or completely arbitrary power to remove a Governor.

The Supreme Court in B.P. Singhal recognised that constitutional power must be exercised:

Fairly
Reasonably
In accordance with constitutional principles

Thus:

Pleasure ≠ Absolute Discretion

14. Governor and Change of Union Government

A particularly important issue is what happens when a new Union Government comes to power.

A new government cannot simply assume:

"Our government has changed, therefore all Governors must resign."

Governors are constitutional office-holders.

Their removal must comply with:

Constitutional limitations

15. Governor Asking to Resign

A political controversy may arise when the Union Government asks a Governor to resign.

The important distinction is:

Voluntary Resignation

The Governor chooses to resign and submits resignation to the President.

Removal

The Governor does not resign voluntarily and is removed by the President.

Therefore:

Request to Resign ≠ Constitutional Removal

16. Successor and Continuity

A Governor continues in office until the successor enters upon office.

Therefore:

Governor's Term Ends
        ↓
Successor Not Yet in Office
        ↓
Existing Governor Continues
        ↓
Successor Enters Office

This prevents a constitutional vacuum.

17. Reappointment

A Governor may be appointed again after completing a term.

The Constitution does not impose a general prohibition on:

Reappointment

The same person may also serve as Governor of:

Two or more States

subject to constitutional arrangements.

18. Governor After Resignation

Once the Governor resigns:

The resignation is addressed to the President.

The Governor ceases to hold office according to the constitutional process.

The office may then be filled by:

Appointment of a new Governor
Additional constitutional arrangements for discharge of functions
19. Temporary Vacancy

A vacancy in the office of Governor can arise because of:

Resignation
Removal
Death
Completion of tenure
Other circumstances creating a vacancy

The Constitution provides mechanisms for dealing with the Governor's functions during such situations.

20. Additional Charge

When necessary, the President may make arrangements for another Governor to discharge the functions of the Governor of a State.

For example:

Governor's Office Vacant
        ↓
President makes arrangement
        ↓
Another Governor may discharge
functions
        ↓
Until regular appointment

This ensures:

Continuity of constitutional administration

21. Governor's Removal vs President's Removal

This is an important UPSC comparison.

Governor	President
Article 156	Article 61
Removed by President	Removed by Parliament through impeachment
No impeachment	Impeachment required
Holds office during President's pleasure	Fixed constitutional removal procedure
Resigns to President	Resignation addressed to Vice-President
22. Governor's Resignation vs President's Resignation
Governor

Resignation is addressed to:

President

President

Resignation is addressed to:

Vice-President

This is a common UPSC Prelims distinction.

23. Governor's Term vs Chief Minister's Term

The Governor has:

Normal five-year term

subject to President's pleasure.

The Chief Minister does not have a constitutionally fixed five-year tenure.

The Chief Minister continues as long as the government enjoys the confidence of the:

Legislative Assembly

Therefore:

Governor → President's pleasure

Chief Minister → Legislative confidence

24. Governor's Removal and Federalism

The removal power is controversial because the Governor is appointed by the:

Union

but functions as the:

Constitutional Head of a State

This creates a potential tension between:

Union authority + State autonomy

Therefore, arbitrary removal of Governors can affect:

Federalism
Political neutrality
Centre-State relations
Institutional independence
25. Sarkaria Commission

The Sarkaria Commission examined the role of the Governor in Centre-State relations.

It recommended that the Governor should be:

An eminent person
Detached from active politics
Impartial
Independent in constitutional functioning

The Commission also emphasised that the Governor should not be treated as:

An agent of the Union Government

26. Punchhi Commission

The Punchhi Commission also examined issues concerning the Governor.

It emphasised:

Constitutional neutrality
Federalism
Limited discretion
Institutional independence
Clearer conventions

The broader objective is:

Cooperative Federalism

27. Can Governor Be Removed by State Legislature?

No.

The State Legislature does not have the constitutional power to remove the Governor.

The Governor is appointed by and holds office during the pleasure of the:

President

Therefore:

State Legislature → Cannot remove Governor

28. Can Supreme Court Remove Governor?

No.

The Supreme Court does not exercise the constitutional power of removing a Governor.

However, courts can review the legality or constitutionality of governmental action concerning the Governor.

Therefore:

Judicial Review ≠ Power to Remove Governor

29. Can Governor Resign to Chief Minister?

No.

The Governor's resignation is addressed to the:

President

Not:

Chief Minister
Prime Minister
Chief Justice of the High Court
Speaker
30. Governor — Removal and Resignation Flow
                  GOVERNOR
                     ↓
             Article 156
                     ↓
        ┌────────────┴────────────┐
        ↓                         ↓
    Resignation                 Removal
        ↓                         ↓
Governor writes to             President
President                         ↓
        ↓                     President's
Resignation                  constitutional
                              power
31. UPSC Prelims Facts
Governor's tenure is governed mainly by Article 156.
Governor normally has a five-year term.
Governor holds office during the pleasure of the President.
Governor can be removed before completion of five years.
Governor resigns by writing addressed to the President.
Governor is not removed through impeachment.
State Legislature cannot remove the Governor.
President can remove the Governor.
Parliamentary approval is not required for removal.
Governor continues in office until the successor enters upon office.
A Governor may be reappointed.
One person may serve as Governor of two or more States.
B.P. Singhal v. Union of India (2010) is an important case on removal of Governors.
Pleasure of the President is not an unlimited or arbitrary power.
A change in the Union Government does not automatically justify removal of a Governor.
32. 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 can be removed by impeachment."

False

There is no impeachment procedure for removal of a Governor.

Trap 3

"Governor resigns to the Chief Minister."

False

The resignation is addressed to the:

President

Trap 4

"State Legislature can remove the Governor."

False

The President has the constitutional power of removal.

Trap 5

"Governor can be removed only after completing five years."

False

The President can remove the Governor before completion of the normal term.

Trap 6

"President has completely unrestricted power to remove a Governor."

False

The Supreme Court in B.P. Singhal held that the power cannot be exercised arbitrarily or capriciously.

Trap 7

"Change in Union Government automatically requires Governors to resign."

False

A Governor cannot be removed merely because there is a change in the Union Government.

Trap 8

"Governor's resignation is addressed to the Vice-President."

False

The Governor resigns by writing to the:

President

33. Quick Revision
ARTICLE 156
     ↓
Governor's Term
     ↓
Normal Term = 5 Years
     ↓
But:
Pleasure of President
     ↓
┌───────────────┴────────────────┐
↓                                ↓
Resignation                     Removal
↓                                ↓
To President                    By President
                                 ↓
                         No Impeachment
                                 ↓
                       Subject to Constitutional
                            Limitations
34. Article Memory Trick

Remember:

153 → Governor's Office

155 → Appointment

156 → Term + Removal + Resignation

161 → Pardoning Power

163 → Aid and Advice

164 → Council of Ministers

Therefore:

156 = Governor's Tenure

35. Mains Perspective

The Governor's removal mechanism reflects the constitutional balance between:

Union Appointment + State Constitutional Role

The pleasure doctrine provides flexibility to the President, but unrestricted removal could undermine:

Federalism
Political neutrality
Institutional independence
Constitutional governance

The Supreme Court's decision in B.P. Singhal is therefore significant because it establishes that:

Constitutional discretion cannot be converted into arbitrary power.

The Governor's office requires:

Security of Constitutional Position + Accountability + Political Neutrality

36. Way Forward
Follow Constitutional Principles

Removal should not be based merely on political disagreement.

Preserve Neutrality

Governors should remain detached from active party politics.

Strengthen Conventions

Clear conventions should govern appointment, tenure and removal.

Protect Federalism

The Union should respect the Governor's role as constitutional head of the State.

Avoid Arbitrary Transfers and Removals

Changes in political leadership should not automatically result in removal of constitutional office-holders.

37. Final Takeaway

The Governor's removal and resignation are primarily governed by:

Article 156

Remember:

Normal term → 5 years

Actual tenure → Pleasure of President

Removal → President

Resignation → Governor writes to President

Impeachment → Not applicable

State Legislature → Cannot remove

The most important judicial principle is:

B.P. Singhal (2010) → Pleasure of President does not mean arbitrary power.

Therefore:

Governor = Five-year normal term + Presidential pleasure + No impeachment + Resignation to President