Part VI: The States

Qualifications for Appointment as Governor

Article 157: Qualifications for Appointment as Governor

--- Original Article ---

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.

Explanation

Article 157 of the Indian Constitution specifies the eligibility criteria for the position of Governor in a state. This article ensures that only individuals meeting certain basic qualifications can be considered for this high-ranking post. The role of the Governor, being the executive head of the state, requires a person with a certain level of maturity, experience, and responsibility, which is reflected in the qualifications outlined in this article.

Fundamental Aspects

• Citizenship Requirement: The person must be a citizen of India. This ensures that the Governor is a part of the national fabric and familiar with the country's legal and political system.
• Age Requirement: The individual must be at least 35 years of age, reflecting the maturity and experience required to discharge the duties of a Governor, particularly in decision-making during critical governance situations.

Amendments and Historical Context

Article 157 has remained unchanged since its inclusion in the Constitution. The age and citizenship requirements were established to avoid appointing inexperienced or foreign individuals to this crucial constitutional role. The age limit was considered appropriate for the time, balancing maturity with leadership experience.

During the Constituent Assembly debates, members recognized the need for a Governor to be experienced enough to oversee state matters and act independently during constitutional crises, emphasizing the importance of these qualifications.

Real-Life Examples

• Keshari Nath Tripathi: Appointed as the Governor of West Bengal at the age of 80, demonstrating how the age and citizenship criteria enable experienced individuals to handle politically sensitive situations effectively.
• Jagdish Mukhi: Appointed as Governor of Assam, highlighting the importance of political acumen and maturity, especially in politically sensitive states like Jammu & Kashmir and Assam.

Legislative History

Article 157 of the Indian Constitution, originally introduced and deliberated as Article 134 of the Draft Constitution, was integrated into the Constitution on May 31, 1949. This article provides the foundational eligibility criteria for the position of Governor in India.

Debates and Deliberations

Dr. B. R. Ambedkar introduced a revised provision for Article 134, which specified the qualifications for appointment as Governor, focusing on citizenship and age criteria.

There was general support for these qualifications, which aimed to ensure that individuals in the role of Governor would possess the experience and national allegiance necessary for their responsibilities. The motion to adopt the revised article was passed by the Constituent Assembly.

References

• Constitutional Assembly Debates on Article 157: Detailed discussions around the qualifications of Governors, emphasizing the need for maturity and national alignment.
• Examples of Governors like Keshari Nath Tripathi and Jagdish Mukhi, illustrating the importance of experience in politically sensitive roles.
• Constituent Assembly Debates (CAD), Vol. VIII: Emphasizing the rationale behind setting specific eligibility criteria for Governors in the Constitution.
• Case studies on the role of Governors in sensitive states like Jammu & Kashmir and Assam, highlighting the need for experience and maturity in maintaining constitutional duties.