PRS · Ministry of Parliamentary Affairs ·

Removal of Governors: What does the law say?

Distilled Policy Brief

  • Articles 155 and 156 make the Governor an appointee of the President who holds office “during the pleasure of the President”, meaning the central government effectively appoints and can remove Governors.
  • The Supreme Court (2010) held that while the President (central government) may remove a Governor at any time without giving a reason, the power must not be exercised arbitrarily, capriciously or unreasonably and should be limited to rare, exceptional, compelling reasons.

🎯 Prelims High-Yield Examination Points

Governor’s removal is governed by Articles 155‑156 and the Supreme Court’s 2010 judgment that limits arbitrary exercise of the power.

⚖️ Mains Analytical & Syllabus Linkages

Assess the tension between centre’s authority to remove Governors and constitutional safeguards/commission recommendations, and its impact on federalism.

🎯 UPSC Prelims Practice Drill

Polity & Governance

According to the Constitution and the Supreme Court (2010), which of the following statements about the removal of Governors is correct?

  • [A] The President can remove a Governor only after giving a reason and providing an opportunity to be heard.
  • [B] The removal of a Governor can be based solely on the change of central government.
  • [C] The President may remove a Governor at any time without giving a reason, but the removal must not be arbitrary, capricious or unreasonable.
  • [D] The removal of a Governor is a matter of the state legislature and not subject to judicial review.
▶ Reveal Official Answer & Analytical Explanation
✓ Correct Option: [C] The President may remove a Governor at any time without giving a reason, but the removal must not be arbitrary, capricious or unreasonable.

The Supreme Court (2010) held that the President may remove a Governor at any time without giving a reason or hearing, but the power must not be exercised arbitrarily, capriciously or unreasonably, and should be limited to rare, exceptional circumstances. The other options contradict the Court’s ruling or constitutional provisions.

Tark High-Yield Question Bank ⚡ Practice Full Test in Testing Arena ↗

🏛️ Historical Twin PYQ Anchor (2021)

UPSC Prelims 2021

Consider the following statements regarding the "National Clean Air Programme (NCAP)": 1. It is implemented by the Ministry of Environment, Forest and Climate Change. 2. Central Pollution Control Board acts as the sole regulatory executive body.

Forensic Anchor: Cabinet Allocation of Business Rules & NCAP Framework
Examiner Trap Takeaway: UPSC swapped Central Pollution Control Board role with State Pollution Control Boards for state-level monitoring.

📚 Static Syllabus & Constitutional Linkages

"Pleasure of the President" clause: M. Laxmikanth, Indian Polity, Chapter on Governors – explains the constitutional provision and judicial interpretation.