Article 153 of the Costitution of India with Case law
🇮🇳 Article 153 of the Constitution of India
Topic: Governors of States
🔹 Text of Article 153:
"There shall be a Governor for each State:
Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States."
🧾 Explanation:
Article 153 mandates that every Indian State shall have a Governor.
However, it permits that one person may serve as Governor for multiple States.
The Governor acts as the nominal executive head of the State, similar to the President at the Union level.
Appointed by the President of India under Article 155.
📌 Key Features:
| Aspect | Detail |
|---|---|
| Position | Constitutional Head of the State |
| Appointed by | President of India (Article 155) |
| Tenure | 5 years (Article 156) – but serves at the pleasure of the President |
| Same Governor | Can be appointed for two or more States |
⚖️ Important Case Laws on Article 153 and Governor's Role:
🧑⚖️ 1. Hargovind Pant v. Dr. Raghukul Tilak (1979) 3 SCC 458
Held that the Governor is not an employee of the Central Government.
The office of Governor is a constitutional position, not under the control of the Union Executive.
🧑⚖️ 2. Shamsher Singh v. State of Punjab (1974) AIR 2192
Clarified that the Governor must act on the aid and advice of the Council of Ministers except in matters where the Constitution requires discretion.
Reinforced the parliamentary form of government at the state level.
🧑⚖️ 3. Rameshwar Prasad v. Union of India (2006) 2 SCC 1
Strongly criticized misuse of the Governor’s office, particularly in recommending dissolution of State Assemblies without objective grounds.
Supreme Court emphasized that Governors must act objectively and constitutionally, not for political ends.
🧑⚖️ 4. B.P. Singhal v. Union of India (2010) 6 SCC 331
Held that the removal of a Governor must not be arbitrary, even though they serve at the pleasure of the President.
Doctrine of pleasure is not absolute – removal must be for valid reasons.
🏛️ Recent Practice: One Governor for Multiple States
In several instances, a single individual has been appointed Governor for more than one State:
Example: L. Ganesan – Governor of West Bengal and Manipur (additional charge).
Example: Banwarilal Purohit – Governor of Tamil Nadu and Punjab at different times.
✅ Conclusion:
Article 153 establishes the Governor’s position in each State and provides flexibility by allowing one person to serve multiple States.
Though largely a ceremonial role, the Governor’s conduct is crucial for constitutional governance.
The judiciary has laid down strict standards to prevent abuse of discretionary powers by Governors.
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