Q. Which one of the following statements is correct? (UPSC Prelims 2013)
Answer:
No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post
Notes: The correct answer is
[C] No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post. The Governor occupies a unique position in the Indian constitutional framework, acting as both the constitutional head of a State and a vital link between the Union and the State.
- Removal of the Governor (Statement C is Correct): According to Article 156 of the Constitution, the Governor holds office "during the pleasure of the President." While the term of office is typically five years, the President can remove the Governor at any time without assigning any reason. Unlike the President (who can be impeached) or Judges of the Supreme Court/High Court (who can be removed by Parliament), the Constitution does not prescribe any formal grounds or procedure for the removal of a Governor.
- Appointment for Multiple States (Statement A is Incorrect): Originally, the Constitution provided for a Governor for each State. However, the 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as Governor for two or more States.
- Appointment of High Court Judges (Statement B is Incorrect): While the Governor is the executive head of the State, they do not appoint High Court judges. Under Article 217, every Judge of a High Court is appointed by the President after consultation with the Chief Justice of India and the Governor of the State concerned. The Governor's role is consultative, not appointive.
- Appointment of Chief Minister in UTs (Statement D is Incorrect): In Union Territories with a legislative assembly (like Delhi or Puducherry), the Chief Minister is appointed by the President, not the Lieutenant Governor (LG). The other ministers are also appointed by the President on the advice of the Chief Minister, and they hold office during the pleasure of the President. The LG administers the oath of office, but the formal appointing authority remains the President.
Additional Facts about the Governor:- Qualifications: Must be a citizen of India and have completed the age of 35 years.
- Immunity: The Governor enjoys personal immunity from legal liability for official acts.
- Discretionary Powers: Unlike the President, the Governor has certain constitutional and situational discretionary powers, such as reserving a bill for the President's consideration (Article 200).
Correct Answer: C