Actual Article
Article 156: Term of office of Governor
- Term of Office:
- The Governor shall hold office during the pleasure of the President.
- Duration:
- The Governor may, by writing under his hand addressed to the President, resign his office.
- Term Length:
- Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office:
- Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
UPSC Notes for Article 156
Explanation:
- Pleasure of the President:
- The Governor holds office at the pleasure of the President, meaning the President can remove the Governor at any time.
- This provision reflects the central government’s control over the appointment and tenure of Governors.
- Resignation:
- The Governor can resign by addressing a letter of resignation to the President.
- This ensures a formal process for voluntary exit from office.
- Five-Year Term:
- The Governor’s term is five years from the date they assume office.
- Even after the term expires, the Governor continues to hold office until a successor is appointed and assumes office, ensuring continuity.
Key Points:
- Central Authority: The Governor’s tenure is largely at the discretion of the President, reinforcing the central government’s authority.
- Formal Resignation: Provides a clear process for the Governor to resign, maintaining procedural integrity.
- Term Length and Continuity: Ensures a fixed term for Governors while also providing for continuity until a successor is in place.
Important Cases and Commissions Related to Article 156
Cases:
- B.P. Singhal vs. Union of India (2010): The Supreme Court held that while Governors serve at the pleasure of the President, their removal should not be arbitrary and must be based on valid reasons.
- S.R. Bommai vs. Union of India (1994): Although focused on President’s rule, this case highlighted the importance of the Governor’s role and the need for impartiality.
Commissions:
- Sarkaria Commission: Recommended guidelines for the appointment and removal of Governors to ensure their independence and impartiality.
- Punchhi Commission: Further examined the role and tenure of Governors, suggesting reforms to enhance the stability and effectiveness of their office.
Previous Year Prelims Questions Related to Article 156
- (UPSC Prelims 2016) The Governor holds office during the pleasure of:
- A. The Chief Minister
- B. The President
- C. The Prime Minister
- D. The Chief Justice of India Correct Answer: B. The President
- (UPSC Prelims 2018) According to Article 156, the term of office of the Governor is:
- A. Four years
- B. Six years
- C. Five years
- D. Three years Correct Answer: C. Five years
Previous Year Mains Questions Related to Article 156
- Mains 2016: “Discuss the significance of Article 156 in the context of the tenure and removal of Governors in India. How does this article impact the federal structure and Centre-State relations?”
- Mains 2019: “Analyze the role of the President in the appointment and removal of Governors as outlined in Article 156. How does the ‘pleasure of the President’ clause affect the independence and functioning of Governors?”
Additional Insights:
- Federal Balance: Article 156 is crucial in maintaining the balance between the central authority and the autonomy of States, as Governors play a pivotal role in State administration.
- Impartiality and Stability: The guidelines for the tenure and removal of Governors aim to ensure their impartiality and stability, preventing arbitrary or politically motivated actions.
- Continuity in Office: By allowing Governors to continue until successors assume office, the article ensures administrative continuity and stability in State governance.
Understanding Article 156 is crucial for UPSC aspirants as it outlines the term and conditions of the Governor’s office, emphasizing the central role of the President and the need for stability and continuity in State administration. This knowledge is essential for both preliminary and main examinations, offering insights into the mechanisms that support the federal structure and the effective functioning of the State executive in India.