Article 157 of the Costitution of India with Case law
Here is a detailed explanation of Article 157 of the Constitution of India along with relevant case law:
🇮🇳 Article 157 – Qualifications for appointment as Governor
🔹 Text of Article 157:
"No person shall be eligible for appointment as Governor unless he is—
(a) a citizen of India, and
(b) has completed the age of thirty-five years."
🔍 Explanation:
Article 157 lays down two basic qualifications for a person to be appointed as the Governor of a State in India:
✅ Citizenship:
Must be an Indian citizen.
✅ Minimum Age:
Must have completed 35 years of age.
🔹 Related Article:
Article 155 – Appointment of Governor by the President
Article 156 – Term of office of Governor
Article 158 – Conditions of Governor's office
⚖️ Key Case Laws Related to Article 157:
1. 🔸 B.P. Singhal v. Union of India (2010)
Citation: (2010) 6 SCC 331
Facts: Multiple Governors were removed arbitrarily when a new central government took charge.
Held:
The President's power to remove Governors is not absolute.
Though no qualifications other than those in Article 157 exist, removal must not be arbitrary or capricious.
Reinforced the importance of political neutrality of Governors.
2. 🔸 Shamsher Singh v. State of Punjab (1974)
Citation: (1974) 2 SCC 831
Relevance: The case clarified that the Governor is a constitutional head and must act on the aid and advice of the Council of Ministers.
Though not directly about Article 157, it affirms that mere eligibility under Article 157 is not enough — the conduct and constitutional morality of the office are vital.
3. 🔸 SR Bommai v. Union of India (1994)
Citation: (1994) 3 SCC 1
Relevance: The Supreme Court strongly criticized the misuse of Governor's power under Article 356.
Indirectly impacts the expectation of neutrality and constitutional functioning of Governors.
✅ Summary Table:
| Aspect | Details |
|---|---|
| Article Number | Article 157 |
| Subject | Eligibility to be Governor |
| Required Citizenship | Indian Citizen |
| Minimum Age | 35 Years |
| Other Qualifications | None specified in the Constitution |
| Nature of Role | Constitutional Head of a State |
🧠 Conclusion:
Article 157 sets only basic eligibility norms.
However, in practice, neutrality, constitutional propriety, and maturity are essential traits expected of a Governor.
The Supreme Court has often emphasized that although qualifications are minimal, the spirit of the Constitution must guide the appointment and conduct of Governors.
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