Governor

About the Governor

• The Governor is the chief executive head of a state.
• The Canadian model inspires the office and is an independent constitutional authority.

Appointment Process

• Presidential appointment: The Governor is appointed by the President under warrant and seal, not elected directly or indirectly.
  • He holds office at the pleasure of the President but enjoys independence in his role.
• Consultation: Conventionally, the President consults the Chief Minister of the concerned state to ensure smooth governance.

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Supreme Court Judgments

• Surya Narain v. Union of India (1982): The pleasure of the President is not justiciable.
• Hargovind Pant v. Raghukul Tilak: The Governor’s office is an independent constitutional office and not an employment under the Central government.

Conditions of the Governor’s Office

• Entitlements:
  • Use of official residence (Raj Bhavan) without rent.
  • Emoluments, allowances, and privileges determined by Parliament.
• Protections and Immunities:
  • Under Article 361, the Governor enjoys personal immunity from legal liability for official acts.
  • Criminal proceedings are not allowed during their tenure, and they cannot be arrested or imprisoned.
• Oath of Office: The Governor takes an oath to:
  • Faithfully execute the office.
  • Preserve, protect, and defend the Constitution.
  • Serve the well-being of the state’s people.
  • Administered by the Chief Justice of the concerned state’s High Court.

Constitutional Provisions Related to the Governor

• Article 153: Mandates a Governor for each state.
  • A single person can serve as Governor for multiple states (as per the Sarkaria Commission).
• Articles 157 and 158: Outline eligibility criteria for the Governor’s office.
• Article 163: Establishes a Council of Ministers, led by the Chief Minister, to aid and advise the Governor, except in discretionary matters.

Recent Appointments

• Ajay Bhalla, former Union Home Secretary, has been appointed as the Governor of Manipur.
• General V.K. Singh (Retd.), a former Union Minister, has been appointed as the Governor of Mizoram.
• Kerala Governor Arif Mohammed Khan has been transferred to Bihar, with Rajendra Vishwanath Arlekar, the incumbent Bihar Governor, appointed as the new Kerala Governor.
• Hari Babu Kambhampati, the Governor of Mizoram, has been appointed as the Governor of Odisha.

Q1. What is the President’s role in India?

The President of India is the constitutional head of the state and the supreme commander of the armed forces. They act on the advice of the Council of Ministers, as per Article 74 of the Constitution.

Source: IE