Can a Governor continue beyond five years?
News peg- A political leader questioned the Uttar Pradesh Governor continuing in office for seven years. The allegation is not the learning unit; the constitutional tenure is.
- Article 156 says a Governor holds office during the pleasure of the President and normally for five years, but continues until a successor enters office. A fresh appointment order is therefore not required merely because five years have elapsed.
- The Governor is appointed by the President under Article 155, must satisfy Article 157 qualifications, takes the Article 159 oath and may resign to the President.
- The five-year term does not create security of tenure because the pleasure doctrine operates; however, B.P. Singhal v. Union of India held that removal cannot be arbitrary, capricious or based on an irrelevant ground.
- A Governor is neither an employee of the Union nor an agent without constitutional discretion; the office is a federal link expected to act with neutrality.
- The Sarkaria Commission favoured an eminent outsider, consultation with the Chief Minister and a secure five-year tenure except for compelling reasons. The Punchhi Commission proposed a fixed tenure and removal through a State-legislature resolution rather than an unstructured pleasure doctrine.
- For Mains, connect tenure disputes with gubernatorial delay over Bills, government formation and the need to preserve both accountability and federal impartiality.