Article 157 of the Indian Constitution: Qualifications for Appointment as Governor

12/20/20233 min read

two woman siting on sofa inside room
two woman siting on sofa inside room

Introduction

The Constitution of India, adopted on November 26, 1949, lays down the framework for the governance of the country. It not only defines the powers and responsibilities of the various organs of the government but also sets out the qualifications and eligibility criteria for holding important positions. One such position is that of the Governor, who serves as the constitutional head of each state in India. Article 157 of the Indian Constitution outlines the qualifications required for the appointment of a Governor.

Understanding Article 157

Article 157 of the Indian Constitution deals with the qualifications for appointment as Governor. It states that a person shall be eligible for appointment as Governor if he or she:

  1. Is a citizen of India
  2. Has completed the age of 35 years

These two criteria are essential for anyone aspiring to become a Governor in India. Let us delve deeper into each of these qualifications and their significance.

Citizenship

The first requirement mentioned in Article 157 is that the person must be a citizen of India. This ensures that only Indian citizens can hold the esteemed position of a Governor. The Constitution recognizes the importance of having a Governor who is deeply rooted in Indian culture, values, and traditions. By limiting the appointment to Indian citizens, it ensures that the Governor can effectively represent the interests of the state and its people.

Furthermore, being a citizen of India also implies that the person should possess a thorough understanding of the Indian legal and political system. This knowledge is crucial for the Governor to discharge their duties effectively and make informed decisions in accordance with the Constitution.

Age Requirement

The second qualification mentioned in Article 157 is that the person must have completed the age of 35 years. This age requirement ensures that individuals with sufficient life experience and maturity are appointed as Governors. It is believed that by the age of 35, a person has gained enough wisdom and exposure to handle the responsibilities associated with the position of a Governor.

The requirement of a minimum age also ensures that the person has had sufficient time to establish themselves in their respective fields and gain the necessary expertise. This expertise can prove invaluable when dealing with complex issues and making important decisions that affect the state and its people.

Additional Considerations

While Article 157 specifies the basic qualifications for appointment as Governor, there are a few additional considerations that are taken into account during the selection process. These considerations include:

  1. Political Affiliation: The Governor is often appointed based on their political affiliation. The ruling party at the center usually appoints Governors who align with their political ideology.
  2. Experience in Public Life: Candidates with prior experience in public life, such as serving as a Member of Parliament, Member of Legislative Assembly, or holding other important positions, are often given preference.
  3. Knowledge and Expertise: The Governor is expected to have a deep understanding of constitutional matters, governance, and the legal framework. Therefore, individuals with a strong background in law, politics, or administration are often considered suitable for the role.

It is important to note that while these additional considerations may influence the selection process, they are not explicitly mentioned in Article 157. The Constitution provides some flexibility in the appointment of Governors, allowing for a balance between political considerations and the qualifications outlined in the article.

Conclusion

Article 157 of the Indian Constitution sets out the qualifications required for the appointment of a Governor. It ensures that only Indian citizens who have completed the age of 35 years can be appointed to this esteemed position. These qualifications are essential to ensure that the Governor can effectively represent the interests of the state and its people, and make informed decisions in accordance with the Constitution. While additional considerations such as political affiliation, experience in public life, and knowledge and expertise also play a role in the selection process, they are not explicitly mentioned in Article 157. The appointment of a Governor is a crucial decision that requires a balance between political considerations and the qualifications outlined in the Constitution.