2.6.2. Appointment and removal of Governor by the Centre

The qualifications of Governor are not mentioned in constitution. Thus, ex-bureaucrats, retired CJI, active politicians etc. have been appointed as Governors. This leads to Governor being committed to Centre.

Thus, recommendations of the Punchhi Commission on Role of Governor should be considered:

♤ It has given a set of criteria for the qualification of Governor to be included in Article 157:

 The Governor should, in the opinion of the President, be an eminent person;

 The Governor must be a person from outside the concerned State;

 The Governor should be a detached person and not too intimately connected with the local politics of the State. Accordingly, the Governor must not have participated in active politics at the Centre or State or local level for at least a couple of years before his appointment.

♤ The tenure of office of the Governor must be fixed, say for a period of 5 years.

♤ The phrase "during the pleasure of the President" may be deleted from Article 156 of the Constitution.

♤ In B.P. Singhal vs. Union of India case, SC observed that power to remove Governor cannot be exercised in an arbitrary, capricious or unreasonable manner. This power should only be exercised in rare and exceptional circumstances for valid and compelling reasons.

♤ A provision may be made for the impeachment of the Governor by the State Legislature on the same lines as the impeachment of the President by the Parliament.

♤ Governors should not be eligible for any further appointment or office of profit under the Union or State Governments except a second term as Governor, or election as Vice- President or President of India.

♤ Also, after quitting or laying down his office, the Governor shall not return to active partisan politics.