Article 156 of Indian Constitution, Provisions, Issues, Judgements

Article 156 of Indian Constitution is an important constitutional provision that governs the tenure, resignation, and removal of the Governor of a State. The Governor acts as the constitutional head of the State under Part VI of the Constitution and plays a crucial role in maintaining constitutional governance at the State level. The provision reflects India’s quasi-federal structure, where the Governor is appointed by the President but functions as a link between the Union and State governments.

Article 156 of Indian Constitution

Article 156 of Indian Constitution contains three main provisions. 

Article 156(1)

It states that the Governor shall hold office during the pleasure of the President. This means the Governor can be removed by the President at any time. However, since the President acts on the advice of the Union Council of Ministers under Article 74, the Union Government effectively influences the decision regarding the Governor’s tenure.

Issues with Article 156(1)

Article 156(1) has been criticised due to following issues: 

• Political misuse of the pleasure doctrine: Governors are sometimes removed due to political changes at the Centre rather than on constitutional or administrative grounds.
• Federalism concerns: Frequent removal or appointment of Governors may affect State autonomy and cooperative federalism.
• Possibility of executive dominance: As the Union Government influences the President’s decision, it may lead to centralization of power.

Article 156(2)

• A Governor may resign from office by submitting a written resignation to the President. The resignation becomes effective once accepted.

Article 156(3)

• The normal term of a Governor is five years from the date of assuming office. 
• However, the Constitution provides that a Governor may continue to hold office even after completing five years until the successor takes charge. 
• This provision prevents administrative uncertainty and ensures smooth functioning of the State executive.

Important Judgements Related to Article 156 of Indian Constitution 

• In B.P. Singhal v. Union of India, the Supreme Court held that the President can remove a Governor without giving reasons, but such removal should not be arbitrary, mala fide, or based purely on political considerations. The Court emphasised that the doctrine of pleasure is not absolute and must be exercised in accordance with constitutional principles.
• In Shamsher Singh v. State of Punjab, the Supreme Court clarified that constitutional heads like the President and Governor are generally bound by the advice of the Council of Ministers. This judgment reinforced the parliamentary system of governance.

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