A Governor is appointed on the advice of the Union Council of Ministers, or in reality on the advice of the Prime Minister.
For the President to consult the Chief Minister of the concerned state, before the appointment of a Governor is not a constitutional requirement. But a healthy convention grew up that the Chief Minister was consulted. But in the case of appointment of several Governors, this convention has not been obeyed.
A Governor may be simultaneously assignee to more than one state. Thus, on many occasions, the Governor of Assam was also the Governor of Meghalaya, Nagaland, Tripura, etc.
A Governor is appointed for a period of 5 years. The President, if he so pleases may extend his tenure. A vacancy in the Governor’s post arises, if:
- The Governor completes his tenure,
- The Governor resigns,
- The Governor dies in office, and
- The Governor is removed from office by the President.
The Governors also have often been transferred from one state to another.
As per the Constitution of India, the following are the eligibility criteria for the appointment of the Governor in a particular state:
- He or she must be a citizen of India.
- He or she must have completed 35 years of age.
- He or she must not hold any other office of profit.
- He or she must not be a member of the Legislature of the Union or of any other state.
There is no bar to the selection of a Governor from amongst the members of the Legislature, provided that on appointment, he or she immediately ceases to be a Member of the Legislature.
Conditions of Governor’ office
- The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State 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 shall not hold any office of profit.
- The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and emoluments, allowances and privileges.
- 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 by order determine.
- The emoluments and allowances of the Governor shall not be diminished during his term of office.
The monthly salary of a Governor is Rs 1,10,000, as specified in the Governor’s (Emoluments, Allowances and Privileges) Act of 1982. The Governor is also entitled to certain benefits and allowances, which shall not be diminished during his office term of five years.
In addition to the monthly salary, the Governor is entitled to a number of special facilities such as medical facilities, residence facilities, traveling facilities, reimbursement of phone and electricity bills, and many other allowances. The Governor is provided an official residence free of rent. The Governor and his or her family is also provided free medical attendance for life. A fixed amount of money is also allotted as the Governor’s traveling expenses across the country.
Term of the Governor
A governor of a state in India holds office for a period of five years, but it is subject to termination earlier if:
- The Governor is dismissed by the President, at whose pleasure he holds the office. In reality, the President is advised by the Prime Minister of the country, who decides the dismissal of the Governor of a state, usually on the grounds of gross delinquency namely corruption, bribery and violation of the Constitution.
- The Governor resigns from his post.
There is no retirement age of the Governor, as he or she stays in office for a fixed term. There is no provision for a Governor to be impeached from office, unlike that of a President.