The Governor is the constitutional head of a state, appointed by the President and expected to function within the parliamentary system. Appointment, tenure, discretionary powers and Centre-State disputes make the office a recurring issue in constitutional governance.

  • In a major reshuffle, President Droupadi Murmu has announced the appointment of two new governors and reassigned three others.
  • These changes affect the leadership in five states across India, with the goal of strengthening governance in regions that are facing challenges.

KEY APPOINTMENTS

1.1 Ajay Kumar Bhalla Appointed as Governor of Manipur
  • New Role: Ajay Kumar Bhalla, a seasoned administrator, has been appointed the new Governor of Manipur. He replaces Anusuiya Uikey, who has been re assigned to a different role.
  • Context of Appointment: Bhalla takes charge in Manipur, a state that has been facing severe ethnic violence.
  • Since May 2023, the state has been caught in ethnic conflict, and the situation remains unresolved.
  • Bhalla’s experience in administration is seen as crucial for restoring peace and stability in the state.
1.2. Arif Mohammad Khan Reassigned to Bihar
  • New Role: Arif Mohammad Khan, who was serving as the Governor of Kerala, has now been reassigned to Bihar.
  • Background: Khan had a public disagreement with the Pinarayi Vijayan-led government in Kerala, especially over issues related to education and government appointments.
  • His reassignment is part of the reshuffle, with new leadership in important states like Bihar.
1.3. Hari Babu Kambhampati Transferred to Odisha
  • New Role: Hari Babu Kambhampati, the outgoing Governor of Mizoram, has been moved to Odisha.
  • This change is part of the broader effort to reorganize leadership in key states.
1.4. General (Dr.) Vijay Kumar Singh Appointed Governor of Mizoram
  • New Role: General (Dr.) Vijay Kumar Singh, a retired army officer and former Union Minister, has been appointed the new Governor of Mizoram.
  • Background: Known for his military service, General Singh brings a disciplined and strong approach to leadership.
  • Mizoram, which has faced security and ethnic issues, will benefit from his experience in handling such challenges.
1.5. Rajendra Vishwanath Arlekar Transferred to Kerala
  • New Role: Rajendra Vishwanath Arlekar, the outgoing Governor of Bihar, has been reassigned to Kerala.
  • He will replace Arif Mohammed Khan as the new Governor of the state.
IMPORTANCE OF APPOINTMENTS These changes are especially important for states that are facing political, social, or security challenges. The reshuffle aims to bring strong leadership to states dealing with violence, disputes, and governance problems.
  • Manipur: The ongoing ethnic violence in Manipur has left the state in chaos, and Ajay Kumar Bhalla’s leadership is hoped to bring calm and resolve the conflict.
  • Kerala: Arif Mohammad Khan’s reassignment comes after his disagreements with the Kerala government, particularly over education issues. Moving to Bihar allows him to focus on new challenges without the conflict he faced in Kerala.
  • Mizoram: General Vijay Kumar Singh’s appointment brings a strong, disciplined approach to Mizoram, which has been facing security issues. His background in the army is expected to help in managing these challenges.
  • Odisha: Hari Babu Kambhampati’s move to Odisha will strengthen governance in the state, which is growing in political and economic importance.
  • Bihar: Rajendra Vishwanath Arlekar will take over as Governor of Kerala after serving in Bihar. His leadership will be key in managing the political and developmental challenges in the state.

ROLE OF THE GOVERNOR

  • Chief Executive of the State: The Governor is the chief executive head of a state in India. While the Governor represents the President in the state, their role is largely ceremonial in nature, with the real power often resting with the elected government (Chief Minister and Council of Ministers).
  • Canadian Inspiration: The office of the Governor is inspired by the Canadian model, where the Governor represents the crown at the state level.
  • The Governor is an independent constitutional authority, meaning their actions are guided by the Constitution, and they are not directly controlled by the central government.

HOW IS THE GOVERNOR APPOINTED?

  • Presidential Appointment: The Governor is appointed by the President of India under a special warrant, which means the Governor is not elected by the people, either directly or indirectly. The President holds the power to appoint the Governor, but the Governor's independence is maintained in their role.
  • Tenure: The Governor holds office "at the pleasure of the President," which means the President can remove or transfer a Governor at any time. However, the Governor enjoys a level of independence while performing their duties.
  • Consultation with the Chief Minister: The President generally consults the Chief Minister of the concerned state before making the appointment to ensure smooth governance. This practice helps in avoiding conflicts between the state government and the office of the Governor.

KEY SC JUDGMENTS REGARDING GOVERNOR’S OFFICE

  • Surya Narain v. Union of India (1982): The court ruled that the pleasure of the President in appointing or removing a Governor is not justiciable, meaning it cannot be challenged in court.
  • Hargovind Pant v. Raghukul Tilak: The Supreme Court clarified that the Governor’s office is an independent constitutional office, not an employment under the central government, highlighting the Governor’s autonomous role.
  • Entitlements:
    • The Governor enjoys the use of an official residence, usually called the Raj Bhavan, without paying rent.
    • Emoluments (salary), allowances, and privileges of the Governor are decided by Parliament.
  • Protections and Immunities:
    • Under Article 361 of the Constitution, the Governor is protected from any legal liability for their official acts. This means they cannot be sued for their actions as Governor.
    • Criminal proceedings cannot be initiated against the Governor during their term in office.
    • The Governor cannot be arrested or imprisoned while holding office.
  • Oath of Office: Upon taking office, the Governor swears an oath to:
    • Faithfully execute their duties.
    • Preserve, protect, and defend the Constitution of India.
    • Serve the well-being of the people of the state.
  • This oath is administered by the Chief Justice of the High Court of the concerned state.

CONSTITUTIONAL PROVISIONS

  • Article 153: Every state must have a Governor. However, the same person can serve as the Governor for more than one state, as recommended by the Sarkaria Commission.
  • Articles 157 and 158: These articles specify the eligibility criteria for a person to be appointed as the Governor, including age, qualifications, and other conditions.
  • Article 163: This article establishes that the Governor is aided and advised by the Council of Ministers, led by the Chief Minister, in most matters. However, in discretionary matters, the Governor can act independently.

Note:

We upload Current Affairs Except Sunday.Rajasthan, Telangana, Maharashtra, Punjab, Sikkim, Meghalaya, Assam, Jharkhand and Chhattisgarh on Saturday (July 28). Assam Governor Lakshman Prasad Acharya has been given the additional charge for Manipur as well. The President of India appoints state Governors, who function as the Centre’s representatives.

THE CONSTITUTIONAL PROVISIONS WRT GOVERNOR

  • Article 153 of the Indian Constitution says “There shall be a Governor for each State.”
    • A fe years after the commencement of the Constitution, an amendment in 1956 laid down that “nothing in this article shall prevent the appointment of the same person as Governor for two or more States”.
  • Article 155 says that the “Governor of a State shall be appointed by the President by warrant under his hand and seal”.
  • Under Article 156, “the Governor shall hold office during the pleasure of the President”, but his normal term of office will be five years.
    • If the President withdraws her pleasure before the completion of five years, the Governor has to step down.
    • Since the President acts on the aid and advice of the Prime Minister and the Union Council of Ministers, in effect, the Governor is appointed and removed by the central government.

QUALIFICATIONS TO BE A GOVERNOR

Articles 157 and 158 lay down the qualifications of the Governor and the conditions of his office.
  • The Governor must be a citizen of India.
  • Should have completed the age of 35 years.
  • The Governor should not be a member of Parliament or a state legislature, and
  • Must not hold any other office of profit.
RELATIONSHIP OF GOVERNOR & STATE POLICE The position of the Governor is envisaged as an apolitical head who must act on the advice of the Council of Ministers of the state. Article 163 states: “There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.” POWERS OF A GOVERNOR The Governor enjoys certain powers under the Constitution:
  • Giving or withholding assent to a Bill passed by the state legislature;
  • Determining the time needed for a party to prove its majority in the state Assembly; or,
  • In cases such as a hung verdict in an election, which party must be called first to prove its majority — which make his position very significant.
  • The Governor can send a report to the President about the failure of Constitutional machinery of the state. If accepted, President’s rule gets implemented.
Over the decades, Governors have been seen as acting on the behest of the central government in power at the time, and have been accused by state governments, especially those in opposition, of acting as “agents of the Centre”.

Why This Topic Matters for UPSC

  • Prelims: Revise definitions, institutions, locations, reports and factual features connected with Appointment of Governors: Constitutional Role and Issues.
  • Mains: Link the topic with Polity, Constitution, Federalism, Supreme Court and organise the answer under background, significance, challenges and way forward.
  • Interview: Explain the issue in balanced language and distinguish verified facts from opinion.

Key Takeaway

The Governor is the constitutional head of a state, appointed by the President and expected to function within the parliamentary system. Appointment, tenure, discretionary powers and Centre-State disputes make the office a recurring issue in constitutional governance.