Correct Answer – Option 4 : 1, 2 and 3

The correct answer is 1, 2 and 3.

• The governor is the chief executive head of the state. But, like the president, he is a nominal executive head (titular or constitutional head).
• He is appointed by the president by warrant under his hand and seal.
• The Constitution lays down only two qualifications for the appointment of a person as a governor. These are:
  1. He should be a citizen of India.
  2. He should have completed the age of 35 years.
• Additionally, two conventions have also developed in this regard over the years.
  • First, he should be an outsider, that is, he should not belong to the state where he is appointed, so that he is free from the local politics.
  • Second, while appointing the governor, the president is required to consult the chief minister of the state concerned, so that the smooth functioning of the constitutional machinery in the state is ensured.
  • However, both the conventions have been violated in some of the cases.
• Like the President, the governor is also entitled to a number of privileges and immunities. He enjoys personal immunity from legal liability for his official acts. Hence, statement 1 is NOT correct.
  • During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts. He cannot be arrested or imprisoned.
  • However, after giving two months’ notice, civil proceedings can be instituted against him during his term of office in respect of his personal acts.
• Before entering upon his office, the governor has to make and subscribe to an oath or affirmation. In his oath, the governor swears:
  • to faithfully execute the office;
  • to preserve, protect and defend the Constitution and the law;
  • to devote himself to the service and well-being of the people of the state.
• The oath of office to the governor is administered by the chief justice of the concerned state high court and in his absence, the senior-most judge of that court available. Hence, statement 2 is NOT correct.
• A governor holds office for a term of five years from the date on which he enters upon his office.
  • However, this term of five years is subject to the pleasure of the President.
  • Further, he can resign at any time by addressing a resignation letter to the President.
  • The Constitution does not lay down any grounds upon which a governor may be removed by the President. Hence, statement 3 is NOT correct.