This article has been written by Bijendra Shandilya, a student studying BBA-LLB from Indian institute of management, Rohtak . The author is a 1st year law student.
Let’s understand term governor, a governor is the head of a state in india. Normally, one governor is appointed for each state, but after the 7th constitutional amendment 1956, one governor can be appointed for more than one state. Article 153 say same thing that is there shall be a governor for each state provided the nothing in this article shall prevent the appointment of the same person as governor for two or more states.
Governor’s appointment, his powers and everything related to the executive power of state, term of office of governor, qualifications for appointment as governor, conditions of governor’s office, oath or affirmation by the governor, discharge of the functions of the governor in certain contingencies, power of governor to grant pardons, extent of executive power of state, have been discussed under Article 153 to Article 162 of the indian constitution.
Let’s see historical background of governor, The Government of India Act of 1935 stated that the governors were “by the Raj, of the Raj, and for the Raj.” The suggested elected governors by a subcommittee composed of B.G. Kher, K.N. Katju, and P. Subbarayan were accepted by the constituent assembly. Apprehension of the clash between powers of governor & chief minister led to the system of appointed governor in the state. The drafting committee left it up to the constituent assembly to decide whether governors should be elected or nominated, which resulted in the 1948 draught constitution’s ambivalence.
The Governor’s function and the President of India’s are quite similar. In place of the President, the Governor is responsible for the State. A governor serves as the state’s executive leader, and their duties are the same as those of the president of India. According to the Indian Constitution, the system of government is identical to that of the Central Government.
Governor has a dual role
-
- Constitutional head of the state, bound by advice of his council of ministers.
-
- Functions as a vital link between the union government & state government.
Article 157 & Article 158 of constitution specify eligibility conditions for the post of governor. They as follows:
-
- A governor needs to:
-
- Be a citizen of India.
-
- Be at least 35 year of age.
-
- Not ba a member of the either of the parliament or house of the state legislature.
-
- Not hold any office of profit.
Let’s see what is the meaning of be a citizen of India, Citizenship in India is governed by Articles 5 to 11 (part II) of the Indian constitution. The Citizenship act, 1955 is legislation dealing with citizenship.
There are five ways of acquiring citizenship namely, by birth, by descent, by registration, by naturalization, by incorporation of territory.
-
- By Birth, section-3 of the citizenship act 1955
-
- A person born in india on or after 26th January 1950 but before 1st july, 1987 is citizen of india by irrespective of nationality of his parents.
-
- A person born in india on or after 1st july, 1987 but before 3rd December, 2004 is considered citizen of India by birth if either of his parents is a citizen of india at the time of his birth.
-
- A person born in india on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizen of india or one of the parents is a citizen of india and the other is not an illegal migrant at the time of his birth.
-
- By Descent, Section- 4 of the citizenship act 1955
-
- Person born outside of india on or after 26th January 1950 but before 10th December 1992 is a citizen of india by descent if his father was a citizen of india by birth at the time of his birth. In case the father was a citizen of india by descent only, that person shall not be a citizen of india, unless his birth is registered at an indian consulate within 1 year from the date of birth or with the permission of the central government after the expiry of the said period.
-
- If either parent was an Indian citizen by birth at the time of the child’s birth and the child was born outside of India on or after December 10, 1992, but before December 3, 2004, then the child is regarded as an Indian citizen. If either father was an Indian citizen by ancestry, the child will not be an Indian citizen until his birth is registered at an Indian Consulate within a year of the child’s birth, or with the Central Government’s approval, after the expiration of the aforementioned term.
-
- A person born outside of India on or after December 3, 2004, is not considered an Indian citizen unless his or her parents affirm that the child does not possess a passport from another nation and the birth is registered at an Indian consulate within a year of the child’s birth, or with the Central Government’s permission, after the expiration of the aforementioned period.
-
- By Registration, Section- 5 of the citizenship act 1955
-
- Those of Indian descent who have lived in India regularly for SEVEN YEARS prior to submitting an application under clause 5(1)(a) (throughout the period of twelve months immediately before making application and for SIX YEARS in the aggregate in the EIGHT YEARS preceding the twelve months). Applications must be submitted using Form I.
-
- People of Indian descent who regularly reside in a nation or location other than undivided India as defined in section 5(1) (b).
-
- People who have been married to an Indian citizen for SEVEN YEARS (as indicated in (a) above) before submitting an application under section 5(1) (c). The application must be submitted in Form-II.
-
- Children under the age of 18 whose parents are Indian citizens as defined by section 5(1) (d). His parents must submit an application in Form-III.
-
- A person of full age may become an Indian citizen under section 5(1) if both of their parents are listed as Indian citizens under section 5(1)(a) or section 6(1). (e). The application must be submitted in Form III-A.
-
- Individuals of full age residing in India for ONE YEAR before to submitting an application under section 5(1), or whose parents were either previous citizens of Independent India (f). The application must be submitted in Form III-B.
-
- People of legal age and ability who have been in India for at least a year and have been registered as OCIs for at least five years are eligible to apply under section 5(1). (g). A request must be made on Form III-C.
-
- By Naturalisation, Section- 6 of the citizenship act 1955
A foreigner (not an illegal immigrant) who has been ordinarily residing in India for TWELVE YEARS (during the period of twelve months immediately preceding the date of application and for ELEVEN YEARS in aggregate in the FOURTEEN YEARS preceding the twelve months) and meets the other requirements outlined in the Third Schedule to the Act may become an Indian citizen by naturalisation. Applications must be submitted in Form-XII.
-
- By incorporation of territory, Section -7 of the citizenship act 1955
If any area joins India, the Central Government may identify by order published in the Official Gazette the individuals who will become Indian citizens due to their ties to that territory, and these individuals will become Indian citizens as of the date indicated in the order.
Let’s understand what is ‘office of profit’ Although the concept of an office of profit has changed throughout time as a result of court rulings, the law does not explicitly state what defines one. According to one definition, an office of profit is one that provides the bearer with a financial advantage, benefit, or gain. The Supreme Court declared in 1964 that the appointment test should be used to determine whether a person occupies a profit-making post.
Who determines the profit of office? According to Article 102(1)(a) of the Indian Constitution, the office of profit is determined by the Union Government, and according to Article 191(1)(a) of the Indian Constitution, by the State Legislature .
Let’s sum-up our article qualifications for appointment as governor given under article 157 of Indian constitution. When fulfill it then any person become governor of any state.
A state’s governor is chosen by the president for a five-year term and serves at his pleasure. Without being an Indian citizen and being at least 35 years old, no one is qualified to be appointed as a governor.
REFERENCE
https://www.drishtiias.com/daily-updates/daily-news-analysis/office-of-profit-1
https://www.drishtiias.com/to-the-points/Paper2/governor
Aishwarya Says:
Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems to aishwarya@aishwaryasandeep.com
Join our Whatsapp Group for latest Job Opening