#GS-02 Indian Polity
- Governor is the constitutional head of the state, and is bound by the advice of his council of ministers.
- He also functions as a vital link between the Union Government and the State Government.
- His powers, appointment and removal are mentioned under Part VI (Article 153 to Article 162) of the Constitution of India which deals with the state executive.
- Article 153 says that there shall be a Governor for each State.
- As per Article 155 the governor is appointed by the president under his hand and seal.
- One person can be appointed as Governor for two or more States.
- The Supreme Court in 1979 said that the office of governor is not an employment under the central government.
- It is an independent constitutional office and is not under the control of or subordinate to the central government
Under Article 157 of the Constitution of India a Governor must:
- Be a citizen of India.
- Be at least 35 years of age.
Under Article 158 of the Indian Constitution;
- He should not be member of either house of Parliament or a house of the state legislature. If any such person is elected as governor, he is deemed to have vacated his seat in that house on the date which he enters upon his office
- He should not hold an office of profit
- He is entitled, without payment of rent, to the use of his official residence
- He is entitled to such emoluments, allowances and privileges as may be determined by Parliament
- His emoluments and allowances cannot be diminished during his term of office
- If he is appointed as the governor of two or more states, his salary and allowances payable to him are shared by the states in such proportion as determined by the president
- The Sarkaria Commission in its report suggested Governor should be appointed in consultation with the Chief Minister of the concerned state.
- The National Commission to Review the Working of the Constitution said, “It would be appropriate to suggest a committee comprising the Prime Minister, the Home Minister, the Speaker of the Lok Sabha and the Chief Minister of the State concerned to select a Governor.”