Article 155 of the Costitution of India with Case law
Here is a detailed explanation of Article 155 of the Constitution of India, along with relevant case law:
📜 Article 155 – Constitution of India
"Appointment of Governor"
✅ Text of Article 155:
“The Governor of a State shall be appointed by the President by warrant under his hand and seal.”
🧾 Key Features of Article 155:
Appointment Authority:
The President of India appoints the Governor of each state.
The appointment is formalized through a "warrant under his hand and seal" — a constitutional formality.
No Election:
The Governor is not elected, unlike the Chief Minister or the President.
The position is nominally constitutional but plays a key role in state governance.
Based on Executive Advice:
Though the appointment is by the President, in practice, it is done on the advice of the Union Council of Ministers (Article 74).
⚖️ Important Case Laws on Article 155:
1. Shamsher Singh v. State of Punjab
Citation: AIR 1974 SC 2192
Held: The President (and Governor) must act on the aid and advice of the Council of Ministers.
Relevance: Though Article 155 gives the President the power to appoint, it must be done based on the advice of the Union Cabinet, not in a personal or discretionary manner.
2. B.P. Singhal v. Union of India
Citation: (2010) 6 SCC 331
Facts: Several Governors were removed by a new central government; the challenge was on whether removal must follow due process.
Held:
The President can remove a Governor without giving reasons, but not arbitrarily.
Article 156 (Tenure) was involved, but this case clarified the relationship between Article 155 (appointment) and 156 (removal).
Governors hold office at the pleasure of the President, but removal must be based on valid reasons, not for political disagreements.
3. Nabam Rebia & Bamang Felix v. Deputy Speaker, Arunachal Pradesh Legislative Assembly
Citation: (2016) 8 SCC 1
Issue: Whether the Governor can act on his own in summoning or dissolving the assembly.
Observation:
The Court emphasized the Governor is a constitutional head, and his appointment under Article 155 implies he must act within constitutional limits.
Political neutrality of the Governor was emphasized.
4. Sarkaria Commission Report (1988) (Not a case but influential)
Recommended that:
The Governor should be an eminent person.
He should not be active in politics.
Appointment under Article 155 should be done with consultation with the Chief Minister of the concerned state, though this is not mandatory under the Constitution.
🧠 Summary Table:
| Aspect | Explanation |
|---|---|
| Who appoints | President of India |
| How appointed | By warrant under hand and seal (formal constitutional method) |
| Basis of appointment | On the advice of Union Council of Ministers under Article 74 |
| Key condition | Must be non-discretionary, neutral, and in line with constitutional values |
| Removal | Covered under Article 156, but must not be arbitrary |
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