Part VI: The States

Appointment of Governor

Article 155: Appointment of Governor

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The Governor of a State shall be appointed by the President by warrant under his hand and seal.

Explanation

Article 155 of the Constitution of India governs the process for appointing the Governor of a state. The Governor serves as the representative of the central government at the state level and is vested with important responsibilities, including ensuring that the governance of the state aligns with the Constitution. This article is a key provision ensuring the effective coordination between the Union and the States, which is central to India’s federal structure.

Fundamental Aspects

• Appointment Authority – The Role of the President: According to Article 155, the Governor of a state is appointed directly by the President of India, and this appointment is formalized through a warrant bearing the President's hand and seal. This reinforces the executive power vested in the Union, balancing state autonomy with central oversight.

Amendments and Judicial Clarifications

There have been no specific amendments to Article 155. However, judicial pronouncements have contributed significantly to its interpretation. In the Rameshwar Prasad v. Union of India case (2006), the Supreme Court criticized the misuse of the office of Governor for political ends, underscoring the requirement for impartiality and adherence to constitutional duties.

Real-Life Examples

• Appointment of Governor Kalyan Singh to Rajasthan in 2014 raised concerns of potential political bias due to his previous political involvement. The Supreme Court has frequently emphasized that Governors must act impartially and uphold constitutional integrity.
• In 2019, Arif Mohammad Khan was appointed as the Governor of Kerala. His appointment drew attention to the selection of Governors based on political background, sparking discussions on whether politically affiliated individuals could remain neutral in their constitutional duties.

Historical Significance

The role of the Governor, as provided in Article 155, has its roots in the British colonial period, where Governors acted as representatives of the Crown in the provinces. The Government of India Act, 1935, was the first legal framework codifying the Governor’s role, with the Indian Constitution later adapting it into a democratic structure. This adaptation aimed for impartial, constitutional governance by Governors, distinct from political allegiance.

Legislative History

The Indian Constitution's Article 155, initially drafted and discussed as Article 131 of the Draft Constitution, was officially incorporated on May 30 and 31, 1949. This article outlines the President’s authority in appointing Governors, maintaining a balance between central and state administration.

Debates and Deliberations

On May 30, 1949, discussions on Article 131 (now Article 155) focused on appointing Governors either through popular election or Presidential nomination. Dr. B.R. Ambedkar advocated for Presidential nomination to prevent conflicts and simplify the process.

Mr. Alladi Krishnaswami Ayyar and Mr. H.V. Kamath supported nomination for its potential to foster harmony between the Centre and provinces.

Opposition from Mr. Rohini Kumar Chaudhuri and Pandit Hirday Nath Kunzru argued that nomination could centralize control over provinces, affecting autonomy. However, the prevailing view favored nomination, highlighting its role in maintaining stability.

Further deliberations on May 31, 1949, saw members like Pandit Hirday Nath Kunzru and Shri T. T. Krishnamachari shifting their stance, ultimately favoring nomination to avoid political friction and ensure impartial governance.

References

• Rameshwar Prasad v. Union of India (2006): Landmark case discussing impartiality in Governor appointments.
• Government of India Act, 1935: Basis for the current role of Governors in India before the adoption of the Indian Constitution.