TO BE INTRODUCED IN THE RAJYA SABHA  

Bill No. XLV of 2007

The Constitution (Amendment) Bill, 2007

A

BILL

further to amend the Constitution of India.

            BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:-

Short title and commencement:

1.         (1)        This Act may be called the Constitution (Amendment) Act, 2007.

           (2)        It shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint.

2.         In Article 153 of the Constitution, the proviso shall be omitted.

3.         In article 156 of the constitution, -

            “(1) The Governor shall hold office for a term of five years from the date on which he enters upon his office”.

            (ii)    for clause (3) and proviso the following clause shall be substituted, namely:-

           “(3) The Governor may be removed from his office in case of proven disability or delinquency in a manner to be laid down by Parliament by law”. 

4.         For article 157 of the constitution, the following article shall be substituted, namely:-

            “157.  No person shall be eligible for appointment as Governor unless he –

          (a)   is a citizen of India.

          (b)   has completed the age of thirty-five years but has not completed the age sixty-five years.

          (c)   is qualified for election as a member of the House of the People and the concerned State Government has approved his appointment.

          Provided that no person shall be eligible for appointment as Governor for more than one term”.

5.         In article 158 of the Constitution clause (3A) shall be omitted.

STATEMENT OF OBJECTS AND REASONS 

The Governor or State in the Indian Union is one of the most important constitutional authorities.  He is head of the executive power of the State as the President is the head of the executive power of the Union.  Whereas the President of the Union is elected though indirectly, the Governor of a State is appointed by the President and holds office at the pleasure of the President.  The President of the Union is a constitutional head and acts on the advice of the council of ministers.  In other words both in the matter of appointment and removal of Governors, it is only the government at the centre that acts. 

Originally, the Constituent Assembly proposed to have elected Governors but replaced it by the method of appointment by the President so as to avoid clash between the elected Governor and the Chief Minister as in the system of parliamentary democracy, the real executive power is vested in the council of ministers headed by the Chief Minister. 

The Constituent Assembly however did not lay down proper qualifications for appointment of Governors.  Only two conditions have been laid down that the person should be an Indian citizen and should have attained the age of 35 years.  Thus the appointment of governors is the sole prerogative of the Central Government at the appointed time.  The result has been, inter alia, the appointment of those defeated in elections and retired and old politicians and former bureaucrats and retired defence and police personnel.  There have also been cases where a particular person has been appointed governor time and again and posted as such in States where he could serve the purpose of the Central Government.  There have also been cases of clash of Governor with the elected government in the State, which may not be consulted before the appointment of Governor to the State. 

The Constitution also does not lay down the grounds on which a Governor may be removed by the President.  Obviously it was felt that in cases of gross delinquency such as bribery, corruption, treason and the like, the Governor could be removed by the President as he held office during the President’s pleasure without following lengthy and cumbersome procedure for removal of political officers like President, Vice-President, etc. through impeachment.  But in real practice this provision has been misused on a number of occasions when the party in power at the Centre has changed after elections. 

In short, the discretion vested in the Central Government both for the appointment and removal from office of the Governors has been misused on a number of occasions.  The concept that important Constitutional Authorities hold office at the pleasure of other authorities and not on merit is the very negation of democratic principles and amounts to arbitrariness.  Such provisions should be suitably amended. 

It is also not desirable that one person be made Governor of more than one State, which may, at any time, cause problems for the incumbent. 

The Bill seeks to make appropriate changes in the Constitution. 

RAJEEV CHANDRASEKHAR 

ANNEXURE 

EXTRACTS FROM THE CONSTITUION OF INDIA

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156.      Term of Office of Governor :-

            (1)        the Governor shall hold office during the pleasure of the President.

            (2)        Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office:

Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

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.       

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RAJYA SABHA

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A

BILL

Further to amend the Constitution of India.

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(Shri Rajeev Chandrasekhar, M.P.)

MGIPMRND – 2665RS– 03-07-2007.