What is term of Governor’s office?

Q.  What is/are true regarding term of Governor’s office?

1) Governor has no security of tenure.
2) Governor holds office for a term of five years.

- Published on 06 Mar 17

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Both 1 and 2
 
  • A Governor holds office for a term of five years from the date he enters upon his office.

  • But, this term is subject to the pleasure of the President.

  • Governor can resign at any time.

  • He needs to address a resignation letter to the President.

  • The Supreme Court said that the pleasure of the President cannot be questioned in court of law.

  • The Governor has no security of tenure as such and no fixed term of office.

  • He can be removed by the President at any time.

  • There are no grounds of removal of the Governor in the Constitution.

  • In previous years, this has led to removal of Governors as soon as the governments changed.

  • The President may transfer a Governor appointed to one state to another state.

  • This transfer is for the rest of the term of the Governor.

  • A Governor whose term has expired may be re-appointed in the same state or any other state any number of times.

  • A Governor can hold office beyond his term of five years until his successor assumes charge.

  • The basis of this is that there must be a governor in the state and there cannot be an interregnum.

  • The President can make provisions as he thinks fit for the discharge of the functions of the Governor in any emergency situations not provided for in the Constitution.

  • The Chief Justice of the concerned State High Court may be appointed tentatively to discharge the functions of the Governor of that state.

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