Article 157 of the Indian Constitution is a brief but crucial provision that outlines the minimum essential qualifications required for a person to be appointed as the Governor of a state. Along with Article 153, which states that there shall be a Governor for each state, and Article 155, which deals with the mode of appointment by the President, Article 157 sets the foundational criteria for holding this significant constitutional office at the state level.
Understanding these qualifications is important for grasping the constitutional framework governing the states and the federal structure of India. This article ensures that individuals holding the high office of Governor meet certain basic standards of citizenship and maturity.
Original Text
Article 157 of the Constitution of India reads:
157. Qualifications for appointment as Governor
No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.
Detailed Explanation
Article 157 explicitly lays down two fundamental qualifications that any person must fulfil to be eligible for appointment as the Governor of a state. These are mandatory constitutional requirements, meaning that failure to meet either of these disqualifies an individual from being considered for the post.
- Citizenship of India: The first requirement is that the person must be a citizen of India. This is a standard qualification for most high constitutional offices in India, ensuring that the head of state in a state is an Indian national. Unlike qualifications for President, which specify “citizen of India”, it doesn’t mention “citizen by birth”, implying that a citizen by naturalisation or registration is also eligible.
- Completion of Thirty-Five Years of Age: The second requirement is that the person must have completed the age of thirty-five years. This age limit is set to ensure that the individual holding the office possesses a certain level of maturity, experience, and understanding required to handle the complex responsibilities of the Governor’s office. This age requirement is identical to that for the President and Vice-President of India.
It is important to note that Article 157 only prescribes the minimum explicit qualifications. The Constitution, or convention, does not explicitly prohibit other factors from being considered or establish negative qualifications beyond those mentioned in Article 158 (conditions of Governor’s office), such as not holding any office of profit or not being a member of Parliament or a State Legislature. While the Constitution does not mandate specific qualifications like educational background, political experience, or administrative knowledge, the appointing authority (the President, acting on the advice of the Union Council of Ministers) may consider these factors in practice.
Furthermore, there are certain conventions that have evolved regarding the appointment of Governors, which are not constitutional requirements under Article 157 but are followed to varying degrees. These often include:
- The person appointed as Governor should not be a resident of the state where they are to be appointed.
- The Chief Minister of the state should be consulted by the President before the appointment is made.
- The person should not be actively involved in politics at the time of appointment.
These conventions aim to ensure impartiality and smooth functioning of the state administration, but they are distinct from the mandatory constitutional qualifications laid down in Article 157.
Detailed Notes
- Article 157 specifies the mandatory qualifications for appointment as the Governor of a state.
- There are only two explicit qualifications mentioned in this article.
- Qualification 1: The person must be a citizen of India.
- This includes citizens by birth, naturalisation, or registration.
- It is a fundamental requirement for holding this high office.
- Qualification 2: The person must have completed the age of thirty-five years.
- This ensures a certain level of maturity and experience.
- The age limit is the same as for the President and Vice-President of India.
- Failure to meet either of these two qualifications makes a person ineligible for appointment as Governor.
- Article 157 lists only positive qualifications.
- Negative qualifications (disqualifications) are not listed in this article but are related to the conditions of office mentioned in Article 158 (e.g., cannot hold office of profit, must cease to be an MP/MLA upon assuming office).
- The Constitution does not specify other qualifications like educational background, political experience, or administrative experience.
- The appointing authority (President) may consider other factors in practice, but they are not constitutionally mandated qualifications under Article 157.
- Certain conventions regarding Governor’s appointments exist (e.g., not from the same state, consultation with CM, not active politician), but these are not constitutional requirements under Article 157.
Additional Comments
- Article 157 specifies the minimum legal requirements for eligibility, not necessarily all factors considered in practice for appointing a Governor.
- The qualifications for Governor under Article 157 are less stringent compared to those for the President or Vice-President (e.g., President needs to be qualified for election as a member of the House of the People, which includes an age of 25 years for Lok Sabha membership, in addition to the 35 years minimum age for President itself).
- The age requirement of 35 years for Governor, President, and Vice-President signifies the importance and seniority associated with these offices.
- The absence of specific educational or professional qualifications reflects the constitutional design where the Governor is intended to be a constitutional head, guided by the advice of the Council of Ministers.
- While Article 157 is simple, the process and criteria for selecting Governors have often been subject to political debate and controversies, highlighting the gap between constitutional qualifications and actual practice and conventions.
Summary
Article 157 of the Indian Constitution mandates that for a person to be eligible for appointment as the Governor of a state, they must fulfill two specific qualifications: they must be a citizen of India, and they must have completed the age of thirty-five years. These are the sole explicit constitutional requirements for eligibility for this office.