Article 155

Article 155 of the Constitution of India lays down the procedure and authority for the appointment of the Governor in each State. The Governor serves as the constitutional head of the State, acting as a vital link between the Union and the State governments. The Article formalises the appointment process and signifies the federal structure of governance in India, wherein the Union Government appoints the head of the State’s executive machinery.

Constitutional Text

Article 155 states:

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

This brief provision establishes the President of India as the appointing authority for all State Governors and ensures that the appointment is officially validated through a constitutional process involving a warrant under the President’s hand and seal.

Purpose and Constitutional Context

The office of the Governor, defined in Article 153, is modelled after the British parliamentary system, where the monarch acts as a nominal executive. In India, the Governor acts as the constitutional or formal head of the State, while the real executive power lies with the Council of Ministers, headed by the Chief Minister, as per Articles 154 and 163.
Article 155 was framed to:

• Ensure that the Governor’s appointment is made by the Union Executive, preserving national unity and federal coordination.
• Provide a uniform process for the appointment of Governors across all States.
• Establish the constitutional legitimacy of the Governor’s office through a formal presidential warrant.

Authority and Process of Appointment

• The President of India appoints the Governor of each State under Article 155.
• The appointment is made through a formal warrant, which bears the President’s hand and seal, signifying the constitutional nature of the process.
• The President acts on the advice of the Union Council of Ministers, headed by the Prime Minister.
• There is no requirement for consultation with the concerned State Government, a feature that has been debated in federal discourse.

This process reflects the unitary bias within India’s quasi-federal system, granting the Union Government a decisive role in the appointment of Governors.

Qualifications for the Office of Governor

While Article 155 does not explicitly specify eligibility criteria, the requirements are mentioned under Article 157:

• The Governor must be a citizen of India.
• The Governor must have completed 35 years of age.

Additionally, Article 158 lays down certain conditions of office:

• The Governor cannot be a member of Parliament or a State Legislature.
• The Governor cannot hold any other office of profit.
• The Governor is entitled to a salary and allowances determined by Parliament.

These provisions ensure that the Governor maintains political neutrality and independence in office.

Tenure and Conditions of Office

The tenure of the Governor is governed by Article 156, which states that:

• The Governor holds office during the pleasure of the President.
• The normal tenure is five years, but the President may remove the Governor earlier without assigning reasons.
• The Governor may resign at any time by submitting a written resignation to the President.

This arrangement ensures flexibility in appointment and continuity in governance but has also been criticised for allowing political influence in gubernatorial appointments and removals.

Constitutional Role of the Governor

The Governor is the executive head of the State and performs functions akin to those of the President at the Union level. These functions include:

1. Executive Functions:
   • Appointing the Chief Minister and, on their advice, other Ministers.
   • Supervising the administration of the State and ensuring compliance with the Constitution.
2. Legislative Functions:
   • Summoning, proroguing, and dissolving the State Legislature.
   • Giving assent to bills or reserving them for the consideration of the President.
3. Judicial Functions:
   • Exercising the power to grant pardons, reprieves, or remissions under Article 161.
4. Discretionary Functions:
   • Acting independently in specific situations, such as:
     • When no political party secures a clear majority in the Legislative Assembly.
     • When recommending President’s Rule under Article 356.
     • When reserving bills for the President’s consideration.

The discretionary powers, though limited, often make the Governor a central figure during political instability or constitutional crises.

Key Judicial Pronouncements

The Supreme Court of India has, through several landmark judgments, clarified the constitutional position and role of the Governor:

• Shamsher Singh v. State of Punjab (1974):The Court held that the Governor is a constitutional or formal head who must act on the advice of the Council of Ministers, except in situations where discretion is expressly provided.
• Rameshwar Prasad v. Union of India (2006):The Court ruled that the Governor must exercise discretion in accordance with constitutional morality and cannot act arbitrarily, particularly in cases involving government formation or dissolution of the Assembly.
• B. P. Singhal v. Union of India (2010):The Supreme Court held that the Governor’s removal by the President must not be arbitrary or politically motivated, reinforcing the constitutional safeguards of the office.
• K. S. Puttaswamy v. Union of India (2017):While primarily related to privacy, this judgment reiterated that all constitutional functionaries, including the Governor, must act within constitutional limits.

These rulings collectively ensure that the office of the Governor remains constitutional, impartial, and accountable.

Political and Federal Implications

The appointment and functioning of Governors have been subjects of federal and political debate:

• Central Influence: Since the Union Government advises the President on appointments, Governors are often perceived as agents of the Centre, leading to tensions in Centre–State relations.
• Frequent Transfers and Removals: The practice of transferring Governors or removing them after changes in the Union Government raises concerns about politicisation of the office.
• Discretionary Powers: The exercise of discretion, especially during hung assemblies, has often led to constitutional controversies.

Commissions such as the Sarkaria Commission (1988) and the Punchhi Commission (2010) have recommended reforms to ensure transparency and federal balance in gubernatorial appointments.

Recommendations of Expert Committees

1. Sarkaria Commission (1988):
   • Suggested that Governors should be eminent persons from outside the State, free from political affiliations.
   • Recommended consultation with the Chief Minister before appointment.
2. Punchhi Commission (2010):
   • Emphasised fixed tenure for Governors to prevent arbitrary removals.
   • Suggested codification of the discretionary powers of the Governor to avoid misuse.

These recommendations seek to make the Governor’s office a neutral and effective constitutional institution, consistent with the spirit of cooperative federalism.

Contemporary Developments

In recent years, controversies over Governor–State government relations have intensified, with disputes concerning:

• Delay in granting assent to bills;
• Summoning and dissolution of assemblies; and
• Comments made by Governors in political matters.

Such incidents have reignited calls for greater clarity and restraint in the exercise of gubernatorial powers.

Significance of Article 155

• Ensures Constitutional Legitimacy: Establishes a formal and uniform procedure for the appointment of Governors, upholding the rule of law.
• Strengthens Federal Unity: By vesting appointment authority in the President, the Article fosters coordination between the Centre and States.
• Safeguards Impartiality: The constitutional nature of the appointment process aims to ensure that Governors act as neutral constitutional heads.
• Provides Administrative Flexibility: Enables the Union to appoint Governors for one or multiple States under Article 153, as needed.

Constitutional Context

Article 155 must be read along with related provisions governing the office of the Governor:

• Article 153: Establishes that every State shall have a Governor.
• Article 156: Specifies the term and conditions of office.
• Article 157–158: Prescribe eligibility and conditions of service.
• Article 159: Requires the Governor to take an oath or affirmation before entering office.

Together, these provisions define the constitutional framework for the functioning of the Governor’s office within India’s federal democracy.

Conclusion

Article 155 represents a core element of India’s federal structure, ensuring that every State has a constitutionally appointed head who upholds the Constitution and maintains administrative continuity. While the President’s power of appointment ensures national integrity, the Governor’s impartial conduct is vital to preserving democratic federalism.