Article 156

Article 156 of the Constitution of India defines the tenure, resignation, and removal of the Governor, who serves as the constitutional head of a State. It provides the legal framework governing the Governor’s term of office and establishes the principle that the Governor holds office “during the pleasure of the President.” This reflects the quasi-federal nature of the Indian polity, where the Governor serves as a link between the Union and the States.

Constitutional Text

Article 156 states:

(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.

Key Features of Article 156

1. Tenure During the Pleasure of the President:The Governor does not have a fixed tenure in an absolute sense. Although the nominal term is five years, the Governor serves at the pleasure of the President, who may remove the Governor at any time.
2. Resignation:The Governor may resign at any time by submitting a written resignation to the President of India.
3. Five-Year Term:The Governor’s normal tenure is five years from the date of assuming office, but this is subject to the President’s discretion.
4. Continuation Until Successor Takes Office:Even after the expiry of the five-year term, the Governor continues to hold office until a successor is appointed and assumes charge. This ensures continuity of governance and prevents a constitutional vacuum.

Purpose and Constitutional Context

The provision for the Governor to hold office during the President’s pleasure reflects India’s unitary bias within a federal framework. It ensures that:

• The Governor acts as a constitutional link between the Centre and the State.
• The Union Government retains a measure of control to ensure that the State administration functions in conformity with the Constitution.

However, this arrangement also raises questions about the independence and impartiality of the office, particularly when removals are perceived as politically motivated.

Relationship with Other Constitutional Articles

Article 156 is closely connected with other provisions relating to the office of the Governor:

• Article 153: Mandates a Governor for each State.
• Article 155: Provides for the appointment of Governors by the President.
• Article 157: Prescribes qualifications for the office of Governor.
• Article 158: Specifies conditions of office.
• Article 159: Requires the Governor to take an oath or affirmation before assuming office.

Together, these provisions form the constitutional framework governing the position, appointment, and tenure of the Governor.

Nature of the Governor’s Tenure

The phrase “during the pleasure of the President” in Article 156(1) indicates that the Governor holds office at the will of the President, who acts on the advice of the Union Council of Ministers.

• The President can remove the Governor at any time without assigning reasons or following any formal procedure.
• This principle is similar to the British convention, where the Crown appoints and removes Governors-General at its discretion.
• However, in India’s democratic context, this power must be exercised in accordance with constitutional propriety and not arbitrarily.

Judicial Interpretation

The judiciary has clarified the scope and limits of the President’s pleasure under Article 156 through several landmark judgments.

1. Shamsher Singh v. State of Punjab (1974):The Supreme Court held that the Governor is a constitutional head who must act on the advice of the Council of Ministers, except where discretion is expressly provided by the Constitution. The case reinforced that the Governor’s office functions within the framework of a parliamentary democracy.
2. B. P. Singhal v. Union of India (2010):The Court held that the removal of a Governor cannot be arbitrary, capricious, or unreasonable. While the President may remove a Governor at pleasure, the power must be exercised in public interest and not for political reasons. The Court observed that:

   “The Governor holds office during the pleasure of the President, but not at the whim of the Union Government.”

3. Rameshwar Prasad v. Union of India (2006):This case dealt with the Governor’s discretionary powers during political instability. The Court reiterated that Governors must act within constitutional limits, even when exercising discretion.
4. S. R. Bommai v. Union of India (1994):Although concerning the imposition of President’s Rule, the Court discussed the Governor’s role in maintaining constitutional order and cautioned against misuse of power.

These rulings ensure that while Article 156 gives flexibility to the Union, it does not sanction political manipulation or unconstitutional exercise of power.

Significance of the Five-Year Term

The five-year term mentioned in Article 156(3) serves as a normative guideline, ensuring stability and continuity in the Governor’s office. However, since the term is subject to the President’s pleasure, it is not absolute. The underlying rationale includes:

• Providing a reasonable tenure for effective functioning.
• Allowing removal in exceptional circumstances, such as misconduct, inefficiency, or loss of confidence.
• Ensuring the Centre’s oversight in maintaining constitutional governance in States.

In practice, however, Governors are often transferred, replaced, or allowed to continue beyond their term, depending on administrative or political considerations.

Resignation and Succession

• A Governor may resign at any time by addressing a letter of resignation to the President (Article 156(2)).
• Upon resignation or removal, the President may appoint another Governor or an acting Governor under Article 160 until a regular appointment is made.
• The outgoing Governor continues in office until the successor assumes charge, ensuring no administrative vacuum in the State.

Significance in the Federal Framework

Article 156 plays a key role in maintaining the balance between the Union and State governments:

• The Governor serves as the constitutional link ensuring that State governance adheres to the principles of the Constitution.
• The provision enables the Union to intervene constitutionally in exceptional cases of constitutional breakdown in a State.
• However, frequent removals or transfers undermine the neutrality and independence of the Governor’s office, leading to tensions in Centre–State relations.

Practical and Political Implications

1. Political Influence:The “pleasure doctrine” has often led to politicisation of the Governor’s office, with changes in the Union Government frequently resulting in the removal of Governors appointed by previous administrations.
2. Continuity of Governance:The clause allowing Governors to hold office until a successor assumes charge ensures uninterrupted constitutional authority in the State.
3. Judicial Safeguards:Courts have placed constitutional restraints on arbitrary dismissals, ensuring that the President’s pleasure is subject to the rule of law.
4. Federal Sensitivity:The manner of appointment and removal has significant implications for federal harmony and cooperative governance between the Centre and the States.

Recommendations for Reform

Several expert bodies have proposed reforms to depoliticise the Governor’s office:

• Sarkaria Commission (1988):Recommended that Governors should be eminent, non-partisan persons and that their removal should be only for compelling reasons, with prior consultation of the Chief Minister.
• Punchhi Commission (2010):Suggested that Governors be given a fixed five-year tenure and that their removal should follow a consultative process involving the State government.

Implementing these recommendations would enhance the credibility, neutrality, and constitutional sanctity of the Governor’s office.

Related Constitutional Articles

• Article 153: Every State shall have a Governor.
• Article 155: Appointment of the Governor by the President.
• Article 157: Qualifications for appointment as Governor.
• Article 158: Conditions of office.
• Article 159: Oath or affirmation by the Governor.
• Article 160: Provision for discharge of the Governor’s functions in contingencies.

Together, these Articles establish the structure and functioning of the office of the Governor under the Indian constitutional scheme.

Constitutional Significance

Article 156 is vital in shaping the tenure and functioning of the Governor’s office. It balances the need for executive continuity in States with the Union’s constitutional authority to maintain uniform governance across India. While the “pleasure of the President” clause ensures flexibility, judicial oversight and constitutional conventions safeguard against arbitrariness.