Constitution of India

Article-157 Qualifications for appointment as Governor

The Constitution of India is the fountainhead from which all our laws derive their authority and force. This is next Article in the series on constitutional provisions in order to aid our readers in understanding them.

157. Qualifications for appointment as Governor.—No person shall be eligible
for appointment as Governor unless he is a citizen of India and has
completed the age of thirty-five years.

Articles 155 and 157 have to be read together. Article 155 lays down that the Governor is to be appointed by the President which means that the Union Government is free to appoint anyone it deems fit in its discretion, to be the Governor of any State.

The Union being the whole and every State its constituent part, the Governor may be viewed as the representative of the whole in the part.
It is to be noted that article 157 which according to its marginal heading, purports to lay down qualifications for appointment as Governor does not really prescribe any qualification except that (1) the person should be a citizen of India and (2) should have completed the age of 35 years.

For nearly two decades after the commencement of the Constitution, not many fingers were raised against the type and quality of persons who were appointed as Governors. But, for many years now, the choice of persons appointed has been often criticized. The Sarkaria Commission suggested and the Constitution Commission endorsed that in the matter of selection of a Governor, the following matters should be kept in mind:
• He should be eminent in some walk of life.
• He should be a person from outside the State.
• He should be a detached figure and not too intimately connected with the local politics of the State.
• He should be a person who has not taken too great a part in politics generally, and particularly in the recent past.

Source: Dr Subhash C Kashyap, Constitutional Law (Universal)

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