Qualifications of the Governor
Also called: Article 157 · Topic: State Government: Governor, Chief Minister, State Legislature and Union Territories · NCERT: Beyond NCERT
Meaning
Articles 157 and 158 set the rules for who can become a Governor. The person must be a citizen of India and at least 35 years old. The Governor cannot be a member of Parliament or a state legislature, and cannot hold any other office of profit (a paid post under a government). There are also two conventions, meaning unwritten practices that are not legal rules. The Sarkaria Commission backed both of them. First, the Governor should be an outsider to the state. Second, the Chief Minister should be consulted before the appointment.
Example
Suppose a sitting MLA is made Governor. They must leave their seat in the House, because a Governor cannot be a legislator. Their salary as Governor is then paid from the state's Consolidated Fund, the state's main government account (Art. 202(3)). They take the oath before the Chief Justice of the High Court (Art. 159).
Don't confuse with
- Qualifications of the President: The President also needs to be at least 35, but is elected. The Governor is appointed by the President (Art. 155) and holds office at the President's pleasure.
- Qualifications of an MLA: The minimum age for a Legislative Assembly member is 25 (Art. 173), not 35.