“The Governor of a State is appointed by the President and holds office during the pleasure of the President. In this context, explain the constitutional provisions regarding the appointment, tenure, and removal of the Governor. How does the ‘pleasure doctrine’ impact the independence of the office?”

ANSWER

1. Introduction

Article 155 provides for the appointment of the Governor by the President (effectively the Union Council of Ministers). Articles 156 and 158 define the tenure and conditions of office, establishing the Governor as the constitutional head of the State executive.

2. Body

Constitutional Provisions

• Appointment (Art. 155): The Governor is appointed by the President by warrant under his hand and seal. No specific qualifications are prescribed except citizenship and age (35 years).
• Tenure (Art. 156): The Governor holds office for a term of five years from the date of assuming office. However, this tenure is subject to the pleasure of the President.
• Removal: There is no impeachment process. The President can remove the Governor at any time without assigning reasons, as the office is held “during pleasure.” The Governor may also resign by addressing the President.
• Conditions (Art. 158): The Governor cannot be a member of Parliament or State Legislature; holds no office of profit; entitled to official residence, emoluments, and allowances (determined by Parliament).

Impact of ‘Pleasure Doctrine’ on Independence

• Vulnerability to Central Pressure: Since the Central government controls appointment and removal, Governors often act as “agents of the Centre” rather than neutral constitutional heads.
• Misuse of Discretionary Powers: Fear of removal influences decisions on government formation (Art. 164), reservation of bills (Art. 200), and President’s Rule recommendations (Art. 356).
• Erosion of Federalism: Frequent transfers/removals after a change of government at the Centre undermine the security of tenure essential for impartiality.

3. Conclusion

The B.P. Singhal v. Union of India (2010) judgment ruled that “pleasure” is not arbitrary but justiciable on grounds of mala fide. To strengthen federalism, the Sarkaria Commission and Punchhi Commission recommended fixed tenure, consultation with the Chief Minister for appointment, and removal only on proven misbehavior/incapacity via a constitutional amendment.