Appointment, Term of office, Removal

Appointment of Governor:

The Governor of a state in India is appointed by the President. The process and conditions for the appointment of a Governor are outlined in the Constitution of India:

1. Appointment Procedure (Article 155):
   • The President appoints the Governor of a state.
   • The Governor holds office during the pleasure of the President.
2. Qualifications (Article 157):
   • A person to be eligible for appointment as Governor should be:
     • A citizen of India.
     • At least 35 years of age.
     • Qualified for election as a member of the Legislative Assembly of the State.
3. Disqualifications (Article 158):
   • The Governor cannot be a member of either House of Parliament or the House of the Legislature of any state.
   • If a Governor is elected as a member of either House of Parliament or the state legislature, they are deemed to have vacated their office.

Term of Office:

The term of office for a Governor and the conditions associated with it are specified in the Constitution:

1. Term (Article 156):
   • The Governor holds office for a term of five years.
2. Removal Before Completion of Term (Article 156):
   • The President can terminate the Governor’s term earlier if deemed necessary.
   • The Governor can also resign before the completion of the five-year term by submitting a resignation to the President.
3. Eligibility for Reappointment (Article 157):
   • A person who has been the Governor of a state can be reappointed in that capacity or appointed to any other state.

Removal of Governor:

The Governor can be removed from office under specific circumstances, and the procedure for removal is outlined in the Constitution:

1. Impeachment Process (Article 156):
   • The Governor is not impeached like the President.
   • The President can remove a Governor from office, typically following a request from the Prime Minister or Chief Minister of the concerned state.
2. Conditions for Removal (Article 156):
   • The President can remove the Governor before the completion of the five-year term if they are satisfied that the Governor is not discharging the functions of the office in accordance with the provisions of the Constitution.
3. Resignation (Article 158):
   • The Governor can resign by submitting the resignation to the President.
4. Dismissal by the President:
   • The President can dismiss a Governor on the advice of the Prime Minister or Chief Minister of the state, especially in situations where the Governor’s conduct is incompatible with the smooth functioning of the state government.

Special Cases:

1. President’s Rule (Article 356):
   • If a situation arises where the Governor cannot discharge the functions of the office, the President’s Rule can be imposed, and the powers of the Governor are exercised by the President or by anyone else appointed by the President.
2. Death or Incapacity:
   • In case of the death, resignation, or incapacity of the Governor, the President may appoint another person to act as the Governor until the office is filled.

Judicial Review:

Decisions related to the appointment, term, and removal of the Governor are subject to judicial review. The courts can examine whether the President’s actions comply with the provisions of the Constitution and are within the framework of constitutional principles.

In summary, the appointment, term of office, and removal of the Governor in India are governed by the Constitution, ensuring that the office is held by individuals meeting specific qualifications, serving a fixed term, and subject to removal under defined circumstances. The process is designed to maintain a balance between the federal structure of the country and the smooth functioning of the state government.