Article 156 of CoI : Article 156: Term of office of Governor.

CoI

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Explanation using Example

Example 1:

Scenario: Appointment and Resignation of a Governor

Context: Mr. Sharma is appointed as the Governor of the state of Maharashtra.

Application:

  1. Appointment: Mr. Sharma is appointed as the Governor by the President of India. According to Article 156(1), he will hold office during the pleasure of the President. This means that the President can remove him from office at any time.
  2. Resignation: After serving for three years, Mr. Sharma decides to resign from his position. He writes a resignation letter addressed to the President of India, as required by Article 156(2). Upon acceptance of his resignation by the President, Mr. Sharma ceases to be the Governor.

Example 2:

Scenario: Completion of Term and Continuation in Office

Context: Ms. Verma is appointed as the Governor of the state of Karnataka.

Application:

  1. Term of Office: Ms. Verma enters office on January 1, 2020. According to Article 156(3), she is supposed to hold office for a term of five years, which means her term would end on December 31, 2024.
  2. Continuation: However, by December 31, 2024, a new Governor has not yet been appointed. According to the proviso in Article 156(3), Ms. Verma will continue to hold office until her successor enters upon the office. This ensures there is no vacancy in the office of the Governor.

Example 3:

Scenario: Removal of a Governor

Context: Mr. Singh is the Governor of the state of Tamil Nadu.

Application:

  1. Removal: During his tenure, Mr. Singh faces allegations of misconduct. The President of India, exercising the power under Article 156(1), decides to remove Mr. Singh from the office of the Governor. Mr. Singh is informed of his removal, and he ceases to hold the office immediately.
  2. New Appointment: Following Mr. Singh's removal, the President appoints a new Governor for Tamil Nadu, ensuring the continuity of governance in the state.

Example 4:

Scenario: Governor's Term Expiration and New Appointment

Context: Dr. Rao is the Governor of the state of West Bengal.

Application:

  1. Term Expiration: Dr. Rao's five-year term is set to expire on March 15, 2023. As per Article 156(3), his term officially ends on this date.
  2. New Appointment: The President appoints a new Governor, Mr. Patel, who is scheduled to take office on March 20, 2023. According to the proviso in Article 156(3), Dr. Rao will continue to hold office until Mr. Patel enters upon his office on March 20, 2023, ensuring there is no gap in the office of the Governor.
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