Governor - Removal

Why is in news? Letter seeking removal of T.N Governor submitted

In recent years, the bitterness between states and Governors has been largely about the selection of the party to form a government, deadline for proving majority, sitting on Bills, and passing negative remarks on the state administration

Under Article 155 and 156 of the Constitution, a Governor is appointed by the President and holds office “during the pleasure of the President”.

If this pleasure is withdrawn before completion of the five-year term, the Governor has to step down.

As the President works on the aid and advice of the Prime Minister and the council of ministers, in effect, the Governor can be appointed and removed by the central government.

What Happens in case of Disagreements between the States and Governor?

There are no provisions laid down in the Constitution for the manner in which the Governor and the state must engage publicly when there is a difference of opinion.

The management of differences has traditionally been guided by respect for each other’s boundaries.

Recommendations by Various Commissions:

Sarkaria Commission (1988):

It recommended that Governors are not sacked before completing their five-year tenure, except in “rare and compelling” circumstances.

The procedure of removal must allow the Governors an opportunity to explain their conduct, and the central government must give fair consideration to such explanation.

It was further recommended that Governors should be informed of the grounds of their removal.

Venkatachaliah Commission (2002):

It recommended that ordinarily Governors should be allowed to complete their five-year term.

If they have to be removed before completion of their term, the central government should do so only after consultation with the Chief Minister.

The Punchhi Commission (2010):

It suggested the deletion of the phrase “during the pleasure of the President” from the Constitution, because a Governor should not be removed at the will of the central government.

Instead, he or she should be removed only by a resolution of the state legislature.