Context:

In a major gubernatorial reshuffling exercise, the President of India has appointed two new governors and reassigned three others across five States.

More on the News 

While the former Union Home Secretary Ajay Bhalla has been appointed the new Governor of Manipur, the former Union Minister General V. K. Singh (Retd.) has been made the new Governor of Mizoram.

Apart from the new appointments, three sitting governors have been reassigned to other states – 

• Arif Mohammed Khan, the Governor of Kerala, has been reassigned to Bihar
• Hari Babu Kambhampati, the Governor of Mizoram, has been transferred to Odisha
• Rajendra Vishwanath Arlekar, the Governor of Bihar, has been reassigned to Kerala. 

Office of the Governor in India

The governor is the chief executive head of the state. But, like the president, he is a nominal executive head (titular or constitutional head). The governor also acts as an agent of the central government. Therefore, the office of governor has a dual role. 

Appointment of Governor: As per Article 155 of the constitution of India, the Governor of a State shall be appointed by the President by warrant under his hand and seal.

Conditions for the office of Governor: Under Article 158 of the constitution of India – 

• The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State is 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 other office of profit.

Qualifications for appointment as Governor: Article 157 imposes two qualifications for the appointment of a person as a governor –  

• He should be a citizen of India, and 
• He should have completed the age of 35 years.

Term of Office & Removal of Governor: A governor holds office for a term of five years from the date on which he enters upon his office. However, this term of five years is subject to the pleasure of the President. Further, he can resign at any time by addressing a resignation letter to the President.  

Concerns/Challenges with the Office of Governor in India

• Politicization of the office: Governors have often been accused of working as agents of the central government, thus undermining the federal structure. 
• Delay in Assent to Bills: Governors have delayed decisions on state legislation, creating tensions with state governments.
• Frequent Misuse of Discretionary Powers: Governors have been accused of hindering the administrative functioning of the State machinery by interfering in day-to-day functioning. 

Supreme Court judgments concerning the role of the Governor 

Shamsher Singh vs. State of Punjab (1974): The Supreme Court clarified that the Governor is obliged to act in accordance with the advice of the Council of Ministers, led by the Chief Minister.

Raghukul Tilak Case (1979): The Supreme Court held that even though Governors are appointed by the President through the Central government, the office of the Governor is not an employee or servant of the Central government and thus he is not subordinate or subservient to the Central government.  

SR Bommai vs. Union of India (1994): This case focused on Article 356 and the Governor's authority to dismiss a State Government.

• The Supreme Court ruled that the determination of whether the State Government possesses a majority should be assessed on the floor of the Legislative Assembly, rather than relying on the Governor's subjective judgment.

B.P. Singhal vs Union of India (2010): The Supreme Court looked into the pleasure doctrine in great depth. While upholding the President’s power to remove the Governor as per his pleasure, the Supreme Court clarified that change in government at the Union level or variance with policies and ideologies of the Union government cannot be a ground for the removal of the Governor.