Actual Article
Article 155: Appointment of Governor
The Governor of a State shall be appointed by the President by warrant under his hand and seal.
UPSC Notes for Article 155
Explanation:
- Appointment by President:
- The Governor of a State is appointed by the President of India.
- The appointment is formalized through a warrant under the President’s hand and seal.
Key Points:
- Central Authority: Establishes the role of the President in appointing Governors, reflecting the central government’s authority in the process.
- Formal Process: The use of a warrant under the President’s hand and seal signifies the formal and official nature of the appointment.
Important Cases and Commissions Related to Article 155
Cases:
- B.P. Singhal vs. Union of India (2010): Addressed the issue of arbitrary removal of Governors, emphasizing the need for security of tenure and proper reasons for removal.
- S.R. Bommai vs. Union of India (1994): Although primarily about President’s rule, the case highlighted the constitutional role of the Governor and the necessity of maintaining the dignity of the office.
Commissions:
- Sarkaria Commission: Reviewed the role of Governors and recommended guidelines for their appointment to ensure impartiality and competence.
- Punchhi Commission: Further examined the appointment process and suggested reforms to enhance the selection process and ensure the Governors’ neutrality and effectiveness.
Previous Year Prelims Questions Related to Article 155
- (UPSC Prelims 2016) Who appoints the Governor of a State in India?
- A. The Prime Minister
- B. The Chief Justice of India
- C. The President
- D. The Chief Minister of the State Correct Answer: C. The President
- (UPSC Prelims 2018) The appointment of the Governor is formalized through:
- A. An executive order
- B. A legislative act
- C. A warrant under the President’s hand and seal
- D. A notification by the Prime Minister’s Office Correct Answer: C. A warrant under the President’s hand and seal
Previous Year Mains Questions Related to Article 155
- Mains 2016: “Discuss the significance of Article 155 in the appointment process of Governors in India. How does this article ensure the formal and central role of the President in the process?”
- Mains 2019: “Analyze the impact of Article 155 on the federal structure of India. How does the President’s role in appointing Governors influence Centre-State relations?”
Additional Insights:
- Federal Structure: Article 155 plays a crucial role in maintaining the federal structure of India by establishing the central government’s involvement in the appointment of Governors.
- Impartiality: The appointment process aims to ensure that Governors act impartially and uphold the Constitution in their respective States.
- Symbolic Importance: The formal appointment by the President underscores the importance and dignity of the Governor’s office.
Understanding Article 155 is crucial for UPSC aspirants as it outlines the process of appointing the Governor of a State, emphasizing the central role of the President and the formal nature of the appointment. This knowledge is essential for both preliminary and main examinations, offering insights into the mechanisms that support the federal structure and the administration of States in India.