सं Samvidhan

The Constitution of India

Article 155

Appointment of Governor

Why this exists

India adopted a parliamentary system where States have their own head (the Governor) similar to how the President is head of the Union. The framers wanted a uniform, formal method of appointment to signal that Governors hold their office directly from the Union executive, reflecting India's quasi-federal structure with a strong center. The 'warrant under hand and seal' language borrows from British constitutional practice, emphasizing formality and authenticity of the appointment.

How courts read it

Courts have generally treated the President's power under Article 155 as exercised on the aid and advice of the Union Council of Ministers (per Article 74), not as a personal presidential discretion. In cases like B.P. Singhal v. Union of India (2010), the Supreme Court examined related issues of Governor's tenure and removal, clarifying that while appointment is formally by the President, it is essentially a Union government decision, and any removal must not be arbitrary. The Article itself has not been the subject of extensive independent litigation, as most disputes arise under Article 156 (tenure) or Article 163 (Governor's discretion).

Common misconceptions
  • Myth: The President personally chooses the Governor based on his own judgment.
    Fact: In practice, the President acts on the advice of the Union Council of Ministers, as is standard for most presidential functions under India's parliamentary system (Article 74).
  • Myth: Article 155 gives Governors independent power separate from the Union.
    Fact: This Article only covers the method of appointment; the Governor's powers and functions are defined elsewhere, such as Article 163, and the office remains linked to the Union executive.
Article 155 — Appointment of Governor · Samvidhan