Part VI: The States

Term of Office of Governor

Article 156: Term of Office of Governor

--- Original Article ---

(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, a Governor shall hold office for a term of five years from the date on which he enters upon his office:

Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

Explanation

Article 156 of the Constitution of India governs the tenure and resignation procedures for the office of the Governor of a state. The position of the Governor, a crucial constitutional authority, serves as the representative of the President at the state level. The article provides for the Governor’s term, the conditions of his resignation, and the continuity of office until a successor is appointed.

Fundamental Aspects

• Clause (1): Tenure at the Pleasure of the President - This clause allows the President to remove the Governor at any time, reflecting the Governor’s status as an appointee of the Union government and ensuring alignment with national interests.
• Clause (2): Resignation by the Governor - The Governor may voluntarily resign by addressing a written resignation to the President of India.
• Clause (3): Fixed Term of Five Years - The Governor is appointed for a fixed term of five years, starting upon their assumption of office, yet remains subject to the President's pleasure.
• Proviso: Continuation in Office Beyond the Term - This proviso allows the Governor to continue in office beyond the term expiration until a successor is appointed, preventing any gaps in governance.

Real-Life Examples

• Clause (1): In 2014, several Governors were asked to resign following a change of government at the Center, raising concerns about the neutrality of the office under the "pleasure" clause.
• Clause (2): Sheila Dikshit, the Governor of Kerala, resigned in 2014 following a request by the new central government, illustrating the clause on resignation.
• Clause (3): Ram Naresh Yadav served as the Governor of Madhya Pradesh beyond his expected term, as his successor had not assumed office.
• Proviso: Nirbhay Sharma continued serving as Governor of Mizoram after his term, pending the appointment of his successor, highlighting the proviso's role in preventing a vacuum in governance.

Historical Significance and Amendments

The provisions in Article 156 have largely remained unchanged since the Constitution’s inception. However, debates regarding the political use of the Governor’s position led to calls for reforms. Notably, the Sarkaria Commission report of 1988 recommended allowing Governors to complete their five-year terms to reduce the perception of political influence, emphasizing impartiality and continuity in the office.

Legislative History

Article 156, originally introduced and discussed as Article 132 of the Draft Constitution, was formally incorporated into the Constitution on May 31, 1949. This article sets forth the framework governing the Governor’s term, resignation, and continuation in office.

Debates and Deliberations

Dr. B. R. Ambedkar introduced the revised Article 132 (now Article 156), receiving support from Shri Brajeshwar Prasad.

Prof. Shah proposed clauses to ensure the Governor's irremovability during the term except for resignation, death, or constitutional violations, emphasizing independence from central authority.

Shri Lokanath Misra supported alignment with Presidential appointment but suggested allowing state legislatures to impeach the Governor for misbehavior.

Dr. Ambedkar countered that specifying removal grounds was unnecessary, as the general power given to the President sufficed, covering valid reasons such as corruption or constitutional violations. The Assembly adopted the amended Article 132 as proposed by Dr. Ambedkar.

References

• Sarkaria Commission Report (1988): The report extensively analyzed the role of Governors and discussed issues related to their tenure and removal, recommending that Governors should be allowed to complete their five-year term to reduce political influence and ensure stability in the office.
• Constituent Assembly Debates on Governor's Term and Office (1949): Detailed discussions in the Constituent Assembly on the tenure, appointment, and responsibilities of the Governor, focusing on maintaining impartiality and limiting undue central influence over state governance.
• Case Example: The resignation of Sheila Dikshit, Governor of Kerala in 2014, exemplifying the application of Article 156's resignation clause.
• Case Example: The continuation of Nirbhay Sharma as Governor of Mizoram beyond his term until a successor was appointed, illustrating the proviso in Article 156 for continuity in office.