Which of the following is/are true regarding the appointment of the Governor?

1) Feature of appointing the Governor has been taken from the Irish Constitution.

2) Constitution provides only 2 qualifications for a person who can be appointed as a Governor.

a. Only 1

b. Only 2

c. Both 1 and 2

d. Neither 1 nor 2

ANSWER: Only 2

Explanation:

Pattern of government in the states is similar to that of the Centre.

Part 6 of the Constitution, dealing with government of the states, is not applicable to Jammu and Kashmir (it has separate state constitution).

Articles 153 to 167 in Part 6 of the Constitution deal with the State Executive.

The state executive consists of the Governor, the Chief Minister, the Council of Ministers and the Advocate General of the state.

The office of governor has a dual role - as an agent of the Central Government and as Chief Executive head of the state.

However, he is a nominal executive head (titular or constitutional head).

The 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as a governor for two or more states.

Appointment -

The governor is not elected.

He is appointed by the president by warrant under his hand and seal.

Appointing the Governor by the President is a feature adopted from the Canadian Constitution.

He is sort of a nominee of the Central Government.

But, as observed by Supreme Court in 1979, the office of governor of a state is not an employment under the Central government.

It is an independent constitutional office.

It is not under the control of or subordinate to the Central Government.

Constituent Assembly chose for the present system of appointment of because -

The mode of direct election can create conflicts between the Governor and the Chief Minister.

Being only a constitutional (nominal) head, there is no point in making arrangements for his election and spending huge amount of money.

The election of a Governor would be entirely on personal issues.

An elected Governor would belong to a party and would not be a neutral and an impartial head.

The election of Governor would create separatist tendencies and thus affect the political stability and unity of the country.

Presidential nomination helps the Centre to maintain its control over the states.

The direct election of the Governor creates a serious problem of leadership during general election in the state.

The Chief Minister would like his nominee to contest for governorship.

Thus, a lesser than best man of the ruling party would be elected as Governor.

Qualifications in Constitution for the appointment of a person as a governor -

He should be a citizen of India.

He should have completed the age of 35 years.

In addition to this, 2 conventions have also developed.

One is that he should bean outsider, that is, he should not belong to the state where he is appointed.

This makes him free from the local politics.

Second is that while appointing the Governor, the President is needed to consult the Chief Minister of the state concerned.

This will ensure that the constitutional machinery in the state functions smoothly.