Article 156 of the Indian Constitution lays down the provisions regarding the term of office for the Governor of a State. It is a crucial article that defines the duration and conditions under which a Governor holds their position, highlighting the link between the Governor and the Union executive through the President. This article is fundamental to understanding the nature of the Governor’s appointment and tenure in the federal structure of India.
Original Text
156. Term of office of Governor
(1) The Governor shall hold office during the pleasure of the President.
(2) The Governor may, by writing under his hand addressed to the President, resign his office.
(3) Subject to the foregoing provisions of this article, the Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
Detailed Explanation
Article 156 consists of three clauses that collectively determine the term and tenure of the Governor.
Clause (1) is perhaps the most significant and often debated provision. It states that the Governor holds office “during the pleasure of the President.” This clause implies that the Governor does not have a fixed term in the absolute sense and can be removed from office by the President at any time, without assigning any reason. While the President’s power is formally exercised, in reality, the President acts on the aid and advice of the Council of Ministers headed by the Prime Minister (as per Article 74). Therefore, the Governor’s tenure is effectively at the pleasure of the Union government. This discretionary power of removal has been a subject of controversy and judicial scrutiny, particularly when Governors are removed or transferred following a change in the ruling party at the Centre.
Clause (2) provides the mechanism for the Governor to voluntarily relinquish their office. It states that a Governor may resign by writing a resignation letter addressed to the President. This is the formal method for a Governor to terminate their term before the completion of their full tenure or before being removed by the President. The resignation takes effect upon acceptance by the President.
Clause (3) deals with the standard term length and a transitional provision. It establishes that, subject to the provisions of clauses (1) and (2), the Governor’s term is normally five years from the date on which they enter upon their office. However, the clause also adds an important proviso: even after the expiration of the five-year term, the Governor shall continue to hold office until their successor enters upon their office. This ensures continuity in the gubernatorial post and prevents a vacancy from arising simply because the five-year term has ended before a new appointment is made or the appointed person takes charge.
Detailed Notes
- Clause (1):
- Governor holds office during the “pleasure of the President”.
- This means the Governor can be removed by the President at any time.
- No specific grounds for removal are mentioned in the Constitution.
- President acts on the aid and advice of the Union Council of Ministers (effectively, the Union government).
- This provision makes the Governor an appointee whose tenure is not fixed but dependent on the will of the central government.
- It differs significantly from the tenure of the President or Vice-President, which is fixed and requires impeachment for premature removal.
- The arbitrary nature of this power has been challenged and examined by the Supreme Court (e.g., in the B.P. Singhal case, 2010).
- Clause (2):
- Governor can resign from office.
- Resignation must be in writing.
- The letter of resignation must be addressed to the President.
- Clause (3):
- Subject to clauses (1) and (2), the normal term of office is five years.
- The five-year term starts from the date the Governor enters upon their office.
- Notwithstanding the expiry of the five-year term, the Governor continues in office.
- Continuance is until their successor is appointed and enters upon their office.
- This ensures that the office of Governor is never vacant.
Additional Comments
- The power of the President to remove the Governor at pleasure (Clause 1) has been a major source of controversy, often seen as undermining the federal structure and the independence of the Governor’s office.
- The Supreme Court, in cases like B.P. Singhal vs. Union of India (2010), has held that while the pleasure of the President is not justifiable, it cannot be exercised arbitrarily, whimsically, or capriciously. It must be exercised in accordance with the requirements of the Constitution.
- The Governor is appointed by the President (Article 155) and holds office at the President’s pleasure, establishing a direct link between the Union executive and the head of the state executive.
- The five-year term mentioned in Clause (3) is the standard duration, but it is subject to the possibility of earlier termination through removal by the President (Clause 1) or resignation by the Governor (Clause 2).
Summary
Article 156 governs the term of office for a State Governor in India. It primarily states that a Governor holds office during the pleasure of the President, meaning they can be removed by the President at any time. A Governor also has the option to resign by addressing a letter to the President. While the standard term is five years from assuming office, the Governor continues to hold the position until their successor takes charge, ensuring no vacancy arises. This article highlights the dependency of the Governor’s tenure on the Union government, acting through the President.