Polity
State Executive and Legislature
The Governor: Appointment, Tenure and Removal
Governor for CGPSC: Articles 153–162, appointment by the President, qualifications, oath, tenure at pleasure, B.P. Singhal case and Sarkaria and Punchhi views.
Prerequisites
- The Union Executive — the Governor’s office is modelled on the President’s, so read the President first.
- Preamble and Salient Features — parliamentary government and federalism, the two ideas the Governor sits between.
The Hook: Two Hats at Raj Bhavan, Raipur
Connect
On 31 July 2024, Ramen Deka took oath as Governor of Chhattisgarh at Raj Bhavan (राजभवन), Raipur. Nobody in Chhattisgarh voted for him. He was appointed by the President, on the advice of the Union government, and he can be replaced by the same route at any time.
Yet every law passed by the Chhattisgarh Vidhan Sabha needs his assent, every state government order runs in his name, and the Chief Minister is appointed by him. How can an appointed, unelected official sit at the top of an elected state government, and what stops the Centre from using him politically? This page covers who the Governor is and how he holds office; the next page covers what he can do.
Why it matters: Article numbers (153–162), qualifications, oath, the “pleasure” doctrine and the 7th Amendment (one Governor for two or more states) are standard Prelims facts. Mains asks about the Governor’s role in Centre–state relations almost every cycle in some form.
Constitutional Position at a Glance
The Governor (राज्यपाल) is the constitutional (nominal) head of the state, just as the President is of the Union. Part VI, Chapter II (Articles 153–167) deals with the state executive.
| Article | Provision |
|---|---|
| 153 | There shall be a Governor for each state. The 7th Amendment (1956) added a proviso: the same person may be Governor of two or more states |
| 154 | The executive power of the state is vested in the Governor, exercised directly or through subordinate officers |
| 155 | The Governor is appointed by the President by warrant under his hand and seal |
| 156 | Term: holds office during the pleasure of the President; normally five years from entering office; resigns by writing to the President; continues until the successor takes charge |
| 157 | Qualifications: citizen of India, completed 35 years of age |
| 158 | Conditions of office: not a member of Parliament or any state legislature (seat vacated on taking office); no other office of profit; free official residence; emoluments fixed by Parliament and not reducible during the term; if Governor of two or more states, emoluments shared as the President decides |
| 159 | Oath administered by the Chief Justice of the High Court of that state (in his absence, the senior-most judge available) |
| 160 | The President may provide for discharge of the Governor’s functions in contingencies not provided for |
| 161 | Pardoning power (covered on the powers page) |
| 162 | Extent of the state’s executive power: matters on which the state legislature can make laws |
| 163 | Council of Ministers to aid and advise the Governor, except where he acts in his discretion |
| 361 | Immunity: not answerable to any court for official acts; no criminal proceedings during the term |
Not elected: a deliberate choice
Drafts in the Constituent Assembly considered a directly elected Governor. The Assembly chose appointment by the President because:
- An elected Governor would clash with an elected Chief Minister: two popular mandates, one state.
- Under a parliamentary system the Governor is meant to be a nominal head, so direct election would be costly and pointless.
- An appointed Governor keeps a link between the Centre and the state and helps national unity.
The Indian model of an appointed Governor follows the Canadian pattern, where provincial lieutenant-governors are appointed by the Centre.
Appointment and Qualifications
Who appoints: the President, on the advice of the Union Council of Ministers (Art 74). In practice, the Union government chooses the Governor.
Constitutional qualifications (Art 157): only two.
- Citizen of India
- Has completed 35 years of age
Conventions (not in the Constitution, recommended by the Sarkaria Commission and others):
- He should be an outsider, not belonging to the state where he is appointed.
- The President (Union government) should consult the Chief Minister before appointing him.
These conventions are frequently ignored. Neither is legally enforceable.
Term of Office and Removal
| Point | Detail |
|---|---|
| Normal term | Five years from the date he enters office |
| Real basis of tenure | Holds office during the pleasure of the President, so he can be removed at any time |
| Grounds for removal in the Constitution | None stated. There is no impeachment procedure for a Governor |
| Resignation | Letter addressed to the President |
| Overstay | Continues after five years until a successor takes charge |
| Transfer | The President may transfer a Governor from one state to another; a Governor whose term ends may be reappointed |
| Vacancy | The President may ask the Governor of a neighbouring state to hold additional charge; the Constitution does not provide for a Lieutenant or Deputy Governor |
B.P. Singhal v. Union of India (2010)
After the Union government changed in 2004, several Governors were removed together. A five-judge Constitution Bench held:
- The President’s “pleasure” (Art 156(1)) can be withdrawn at any time, without giving reasons, but it cannot be exercised arbitrarily, capriciously or unreasonably.
- A Governor cannot be removed merely because he is out of sync with the policies or ideology of the Union government, or because the party in power at the Centre has changed.
- The removal is open to limited judicial review: if challenged, the Union must show compelling reasons.
In short: removal “at pleasure” is real, but the pleasure must be exercised in good faith.
The Governor and the President: Same Design, Different Position
| Point | President | Governor |
|---|---|---|
| How chosen | Elected by an electoral college | Appointed by the President |
| Minimum age | 35 | 35 |
| Removal | Impeachment by Parliament (Art 61) for violation of the Constitution | No procedure; at the President’s pleasure |
| Oath administered by | Chief Justice of India | Chief Justice of the High Court |
| Resignation to | Vice-President | President |
| Discretion | No discretion written in the Constitution; only situational (e.g. choosing a PM in a hung House) | Constitutional discretion expressly provided (Art 163) plus situational discretion |
| Can be head of more than one unit | No | Yes, two or more states (7th Amendment, 1956) |
Analysis: The “Agent of the Centre” Debate (Mains)
The Governor wears two hats:
- Constitutional head of the state, bound (except in discretionary matters) by the advice of the state Council of Ministers.
- Link with the Union, appointed by and holding office at the pleasure of the President, reporting on the state (Art 356) and reserving Bills for the President (Art 200).
Why the office is criticised:
- Appointment of active politicians, retired bureaucrats or defeated leaders, which invites the charge of a “retirement post” or a political agent.
- Removal at will, so a Governor may feel bound to please the Centre to keep the job (partly checked by B.P. Singhal, 2010).
- Misuse of discretion in government formation and Art 356 reports (examined by the Supreme Court in S.R. Bommai, 1994).
- Delay on Bills, which reached the Supreme Court in State of Tamil Nadu v. Governor of Tamil Nadu (April 2025) and the Presidential reference opinion (November 2025). See the powers page.
Reform proposals:
| Body | Selected recommendations on the Governor |
|---|---|
| Sarkaria Commission (set up 1983, reported 1988) | Should be an eminent person from outside the state; detached from local politics and not recently active in politics; appointed after consulting the Chief Minister; should not be removed before the end of the term except for compelling reasons |
| Punchhi Commission (set up 2007, reported 2010) | Fixed tenure of five years; removal through a resolution of the state legislature rather than at the Centre’s pleasure; Governor should be given a time limit to decide on Bills (it suggested six months) |
Chhattisgarh angle
- First Governor: Dinesh Nandan Sahay (from 1 November 2000). Governor as of 2026: Ramen Deka (since 31 July 2024). Full list on State Formation and Administration.
- Chhattisgarh is a Fifth Schedule state, so its Governor has special duties for the Scheduled Areas of Bastar, Surguja and other tribal regions: reporting to the President, and the power to adapt laws and make regulations for those areas. See the powers page and Tribes of Chhattisgarh.
Memory Tricks
Articles 153–162 in one breath
“153 Exists, 154 Executes, 155 Appointed, 156 Term, 157 Qualifies, 158 Conditions, 159 Oath, 160 Contingency, 161 Pardons, 162 Extent.”
Group them: 153–156 = the office and its term; 157–159 = who can hold it and how he takes oath; 160–162 = what he does.
Pair the 56s
156 = the Governor serves at the President’s pleasure. 356 = the Governor’s report can bring President’s rule. Same last two digits, both about the Centre’s hold on the state: one over the Governor, one through him.
Oath up, resignation up
Governor: oath before the state’s top judge (High Court Chief Justice), resignation to the authority above him (President). The President mirrors it one level higher: oath before the Chief Justice of India, resignation to the Vice-President.
Don’t Confuse
| This | vs | That |
|---|---|---|
| Governor takes oath before the Chief Justice of the High Court | vs | President takes oath before the Chief Justice of India |
| Governor resigns to the President | vs | President resigns to the Vice-President |
| Governor: no removal procedure, holds office at pleasure | vs | President: removed only by impeachment (Art 61) |
| Art 156 — Governor’s term (pleasure) | vs | Art 356 — President’s rule on the Governor’s report |
| B.P. Singhal (2010) — removal of Governors | vs | S.R. Bommai (1994) — Art 356 and the floor test |
Common Mistakes
MCQ traps
- “The Governor is elected by the state legislature.” False. He is appointed by the President (Art 155).
- “The Governor’s term is fixed at five years and he can be removed only by impeachment.” False. Five years is the normal term, but he holds office during the pleasure of the President and there is no impeachment for a Governor.
- “The Governor resigns by writing to the Chief Minister / Chief Justice.” False. He writes to the President.
- “One person cannot be Governor of two states.” False. The 7th Amendment (1956) allows it.
- “Consulting the Chief Minister before appointing a Governor is a constitutional requirement.” False. It is only a convention recommended by commissions.
- “The President can remove a Governor for any reason, including policy disagreement.” False since B.P. Singhal (2010): removal cannot be arbitrary or merely because of a change of government at the Centre.
Practice
All questions below are original practice questions written in CGPSC style. They are not previous-year questions.
Level 1: Foundation
- The Governor is appointed by the ______ under Article ______.
- The oath of office to the Governor is administered by the ______.
- The Constitutional Amendment that allowed one person to be Governor of two or more states was the ______ Amendment (year ______).
Answers
- President; Article 155.
- Chief Justice of the High Court of the state (in his absence, the senior-most judge available).
- 7th Amendment, 1956.
Level 2: Prelims MCQs
Q1. Consider the following statements about the Governor of a state:
- He must have completed 35 years of age.
- He holds office during the pleasure of the President.
- He can be removed only by a resolution of the state Legislative Assembly.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer and explanation
(b) 1 and 2 only. Art 157 requires 35 completed years and Art 156(1) says he holds office during the pleasure of the President. Statement 3 is wrong: the Constitution provides no removal procedure involving the state legislature. Removal by a legislative resolution was only a recommendation of the Punchhi Commission.
Q2. Match List I (Article) with List II (Subject):
| List I | List II |
|---|---|
| A. Article 153 | 1. Oath of the Governor |
| B. Article 155 | 2. Governor for each state |
| C. Article 159 | 3. Extent of executive power of the state |
| D. Article 162 | 4. Appointment of the Governor |
- (a) A-2, B-4, C-1, D-3
- (b) A-4, B-2, C-1, D-3
- (c) A-2, B-4, C-3, D-1
- (d) A-2, B-1, C-4, D-3
Answer and explanation
(a) A-2, B-4, C-1, D-3. Art 153 creates the office for each state, Art 155 provides for appointment by the President, Art 159 deals with the oath before the High Court Chief Justice, and Art 162 says the state’s executive power extends to matters within the state legislature’s law-making competence.
Q3. In which case did the Supreme Court hold that a Governor cannot be removed merely because his views differ from those of the Union government?
- (a) S.R. Bommai v. Union of India
- (b) Rameshwar Prasad v. Union of India
- (c) B.P. Singhal v. Union of India
- (d) Nabam Rebia v. Deputy Speaker
Answer and explanation
(c) B.P. Singhal v. Union of India (2010). The Court held that the President’s pleasure under Art 156 cannot be exercised arbitrarily, and a change of government at the Centre is not by itself a valid reason to remove Governors. Bommai (1994) is about Art 356, Rameshwar Prasad (2006) about the dissolution of the Bihar Assembly, and Nabam Rebia (2016) about the limits of the Governor’s discretion over the Assembly.
Q4. Which of the following is not a condition of the Governor’s office under Article 158?
- (a) He shall not be a member of either House of Parliament or of a state legislature.
- (b) His emoluments cannot be reduced during his term of office.
- (c) He must belong to a state other than the one he is appointed to.
- (d) He is entitled to the use of an official residence without payment of rent.
Answer and explanation
(c). Being an “outsider” is a convention recommended by the Sarkaria Commission, not a constitutional condition. The other three are written into Art 158.
Q5. The Governor of a state submits his resignation to:
- (a) the Chief Justice of the High Court
- (b) the Chief Minister
- (c) the Speaker of the Legislative Assembly
- (d) the President
Answer and explanation
(d) the President. Under Art 156(2) the Governor resigns by writing under his hand addressed to the President, the authority that appointed him.
Level 3: Mains Answer Writing
Q1. (60 words) Why did the Constituent Assembly prefer an appointed Governor over an elected one?
Model answer outline
- Intro: Draft proposals for a directly elected Governor were dropped in favour of appointment by the President (Art 155).
- Reasons: (1) avoid two rival popular mandates, Governor versus Chief Minister; (2) under parliamentary government the Governor is a nominal head, so an election would be costly and pointless; (3) keeps a link between Centre and state; (4) follows the Canadian model.
- Conclusion: The choice favoured stability and unity over a second centre of popular power.
Q2. (150–200 words) “The office of Governor has become a bone of contention between the Centre and the states.” Examine, and suggest reforms.
Model answer outline
- Intro: The Governor is the constitutional head of the state and a link with the Union: appointed by the President (Art 155) and holding office at his pleasure (Art 156).
- Sources of friction:
- Appointment of active politicians and removal at will.
- Discretion in inviting a party to form government and in Art 356 reports (S.R. Bommai, 1994).
- Delay in assent to Bills, which reached the Supreme Court in the Tamil Nadu case (April 2025) and a Presidential reference (November 2025).
- Disputes over summoning the Assembly (Nabam Rebia, 2016) and over the role of Governors as university chancellors.
- Safeguards so far: B.P. Singhal (2010) bars arbitrary removal; Bommai requires a floor test.
- Reforms: Sarkaria (eminent outsider, consult the CM, no politically active persons) and Punchhi (fixed five-year tenure, removal by state legislature’s resolution, time limit on Bills).
- Chhattisgarh angle: As a Fifth Schedule state, Chhattisgarh needs an active, impartial Governor for tribal-area administration, which shows the office’s constructive potential.
- Conclusion: The office is necessary for federal balance. Reform must make the Governor a neutral constitutional guardian rather than a partisan agent.
Quick Revision Table
| Fact | Detail |
|---|---|
| Constitutional provisions | Part VI, Arts 153–167 (state executive) |
| Art 153 | Governor for each state; 7th Amendment (1956): one person for two or more states |
| Art 155 | Appointed by the President |
| Art 156 | Pleasure of the President; normal term 5 years; resigns to the President |
| Art 157 | Citizen + 35 years |
| Art 158 | No MP/MLA seat, no office of profit, rent-free residence, emoluments not reduced during term |
| Art 159 | Oath before the Chief Justice of the High Court |
| Art 361 | Immunity from courts for official acts; no criminal proceedings during the term |
| Removal | No procedure; at pleasure; cannot be arbitrary (B.P. Singhal, 2010) |
| Model | Canadian (appointed head of a province) |
| Sarkaria (1983–1988) | Outsider, not politically active, consult the CM |
| Punchhi (2007–2010) | Fixed tenure; removal by state legislature resolution |
| Chhattisgarh | First: D.N. Sahay (2000); as of 2026: Ramen Deka (since 31 July 2024) |
Key Takeaways
Key Takeaways
- The Governor is the nominal head of the state, appointed by the President (Art 155) and holding office at the President’s pleasure (Art 156).
- Only two constitutional qualifications: citizenship and 35 years. “Outsider” and “consult the CM” are conventions.
- There is no impeachment for a Governor, but B.P. Singhal (2010) forbids arbitrary removal.
- Oath before the High Court Chief Justice; resignation to the President.
- The office’s dual role, state head and Union link, is the root of most Centre–state friction over Governors.
What’s Next
- Governor: Powers, Discretion and Assent to Bills — what the Governor can actually do
- The Union Executive — compare with the President’s office
- Centre–State Relations — the wider federal context of Art 356 and the Governor
- State Formation and Administration — Chhattisgarh’s Governors and Raj Bhavan
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