Do you know How to appoint A Governor?
Article 153, provides that there shall be a Governor for each state. Seventh Constitutional Amendment Act of 1956 provides that one person can be appointed as the Governor for two or more states. Article 154 (1) holds that the executive power of the state shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. The Constitution Assembly dropped the idea of American model and accepted the Canadian model, where the governor of a province (state) is appointed by the Governor general (centre).
Appointment of the Governor
According to Article 155, the Governor of state shall be appointed by the President by warrant under his hand and seal. Thus, he is nominee of the Central Government. As per Supreme court, the Governor is an independent constitutional office and is not under of or subordinate to the Central Government.
The Constitution provides for only two qualifications for the appointment of a person as a Governor. As per Article 157, no person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of 35 years.
Oath or Affirmation by the Governor
The Governor or any person discharging the function of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation o the state or in his absence, the senior most judge of that court available, an oath or affirmation. His oath or affirmations (under article 159) prescribe that he would preserve, protect and defend the constitutional and the law.
Condition of Office
Article 158 lays down the following conditions for the office of the Governor
• The Governor must not be a member of either House of Parliament or of a House of the Legislature of any State specified in the first scheduled and, if a member of either House of Parliament or of a house of the Legislature of any such state be appointed Governor, he shall be deemed to have vacated his seat in that house on the date on which he enters upon his office as Governor.
• The Governor must not hold any other office of profit.
• The Governor is entitled without payment of rent to the use of his official residences and shall also be entitled to such emoluments, allowances and privileges as may be determined by law of the Parliament.
• Where the same person is appointed as Governor of two or more states, the emoluments and allowances payable to the Governor shall be allocated among the states in such proportion as the President may be order determine.
• The emoluments and allowances of the Governor shall not be diminished during, his term of office. At present, Governor’s salary is 1.10 lakh per month.