GS PrelimsPolityGovernor Power and Functions1995 Article 156 of the Constitution of India provides that a Governor shall hold office for a term of five years from the date on which he enters upon his office. Which of the following can be deduced from this?
1. I. No Governor can be removed from office till completion of his term.
2. II. No Governor can continue in office beyond a period of five years.
Select the correct answer from the codes given below:
Correct Answer: Option D
Explanation
1. Article 156(1) of the Constitution of India states that the Governor shall hold office during the pleasure of the President.
2. Article 156(3) states that, subject to the foregoing provision (i.e., the pleasure of the President), a Governor shall hold office for a term of five years from the date on which he enters upon his office.
3. Deduction I: "No Governor can be removed from office till completion of his term." This is incorrect. Because the Governor holds office during the pleasure of the President (Art 156(1)), the President can remove the Governor at any time before the completion of the five-year term. The five-year term is subject to the President's pleasure.
4. Deduction II: "No Governor can continue in office beyond a period of five years." This is also not strictly correct. Article 156(3) has a proviso: "Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office." This means a Governor might continue beyond five years if their successor has not yet taken charge.
5. Therefore, neither deduction I nor deduction II can be definitively made solely from the main provision of Article 156 stating a five-year term, as this term is subject to other constitutional provisions (pleasure of President and continuation until successor arrives).
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