Article 156 of the Costitution of India with Case law
🔹 Article 156 of the Constitution of India: Term of Office of Governor
📜 Text of Article 156:
(1) The Governor shall hold office during the pleasure of the President.
(2) The Governor may, by writing under his hand addressed to the President, resign his office.
(3) 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.
🔍 Explanation of Article 156:
The Governor is appointed under Article 155 and holds office as long as the President wishes – called “pleasure of the President.”
The five-year term is not absolute; the President can remove the Governor earlier.
The Governor can resign voluntarily by addressing a letter to the President.
Even after five years, if no successor is appointed, the Governor continues until a replacement takes charge.
⚖️ Important Case Laws under Article 156:
1. B.P. Singhal v. Union of India, (2010) 6 SCC 331
Landmark case interpreting Article 156.
Held that:
The President can remove a Governor before 5 years without giving reasons.
But the removal cannot be arbitrary, capricious, or unreasonable.
Political differences alone are not valid grounds for removal.
The Court ruled that though Governors serve at the pleasure of the President, this pleasure is not absolute – it must be informed by constitutional propriety.
2. Shamsher Singh v. State of Punjab, AIR 1974 SC 2192
Clarified that President acts on the aid and advice of the Council of Ministers under Article 74.
So, Governor’s appointment/removal is essentially a decision of the Union Cabinet, not personal discretion of the President.
3. Hargovind Pant v. Raghukul Tilak, AIR 1979 SC 1109
Held that the Governor is not an employee of the Union Government and cannot be removed like a civil servant.
His role is constitutional, not political.
4. Kehar Singh v. Union of India, AIR 1989 SC 653
Although not directly on Article 156, the Supreme Court emphasized that constitutional powers like appointment/removal must be exercised in good faith and not for political gain.
📌 Key Takeaways:
| Aspect | Details |
|---|---|
| Appointing authority | President of India (under Article 155) |
| Term | 5 years (not fixed or guaranteed) |
| Removal | At pleasure of the President (must not be arbitrary – per B.P. Singhal case) |
| Resignation | Governor can resign by letter to the President |
| Continuity | Continues in office until successor takes charge, even after 5 years |
| Bound by Union's advice | Yes, President acts on advice of Council of Ministers (Art. 74) |
🔁 Related Articles:
Article 155 – Appointment of Governor
Article 157 & 158 – Qualifications and conditions of office of Governor
Article 74 – President to act on advice of Council of Ministers
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