Article 155 of the Indian Constitution is a fundamental provision that lays down the method for appointing the Governor of a State. The Governor serves as the constitutional head of the state executive, acting on the aid and advice of the Council of Ministers headed by the Chief Minister, much like the President acts at the Union level.
This article ensures that the process of selecting the Governor is vested in the hands of the Union executive, specifically the President, thereby establishing a crucial link between the Central government and the State government.
Original Text
155. Appointment of Governor
The Governor of a State shall be appointed by the President by warrant under his hand and seal.
Detailed Explanation
Article 155 explicitly states the single method by which a Governor is brought into office in a state: appointment by the President of India. The appointment is formalised through a ‘warrant under his hand and seal’. This signifies a direct executive act by the President, rather than an election (either direct or indirect) or any other nomination process.
The choice of appointment over election for the Governor was a deliberate decision by the Constituent Assembly. Several reasons underpinned this choice, including avoiding potential conflict between a directly elected Governor and an elected Chief Minister and Council of Ministers (who hold real executive power), ensuring a link between the Union and State governments, and providing a neutral head who could act as a constitutional check and ensure the state administration is carried on in accordance with the Constitution. While the article vests the power in the President, in practice, the President acts on the aid and advice of the Union Council of Ministers, making the appointment effectively a decision of the Central government. The ‘warrant under hand and seal’ is the legal instrument that formalizes this appointment.
Detailed Notes
- The Governor of a State is not elected but appointed.
- The appointing authority is the President of India.
- The appointment is made formally through a ‘warrant under his hand and seal’ issued by the President.
- This method establishes a direct link between the Union Government (acting through the President) and the State Government.
- The appointment process signifies that the Governor is a nominee of the Central government.
- The decision for appointment is, in effect, taken by the Union Council of Ministers, as the President acts on their aid and advice (as per Article 74).
- The system of appointment was preferred over election to prevent potential conflicts with the state’s elected government and to allow the Governor to act as a constitutional link and watchdog for the Union in the State.
Additional Comments
- The Sarkaria Commission (1988) recommended that the Governor should be a person from outside the state, not be active in local politics, and be a detached figure. They also suggested that the Chief Minister of the state should be consulted before the appointment, though this consultation is not constitutionally mandatory.
- The Punchhi Commission (2010) further recommended that the state Chief Minister’s views “must have a legitimate bearing on the selection of the person for the post of Governor”. It also suggested a committee involving the Prime Minister, Home Minister, Speaker of the Lok Sabha, and the Chief Minister of the concerned state to select the Governor. These recommendations are not binding but highlight the ongoing debate around the appointment process.
- The method of appointment has been a source of controversy, with states sometimes alleging that the Central government uses the Governor’s office for political purposes, especially when different political parties are in power at the Centre and in the State.
Summary
Article 155 of the Indian Constitution mandates that the Governor of a State shall be appointed by the President of India. This appointment is formalized through a warrant issued by the President under his hand and seal. This constitutional provision vests the power of appointing the state’s constitutional head with the Union executive, establishing a direct connection and facilitating coordination between the central and state levels of government. The choice of appointment over election reflects the framers’ intent to ensure the Governor serves as a link with the Union and remains a neutral constitutional head.