Q. Which one of the following statements is correct?

• In India, the same person cannot be appointed as Governor for two or more States at the same time.
• The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President.
• No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post.
• In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support.

Answer: (c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post.

Notes:

• According to the 7th Constitutional Amendment Act of 1956, the same person can be appointed as Governor for two or more States at the same time.
• The High Court Judges are also appointed by the President as in the case of Judges of the Supreme Court. But, the procedure is slightly different. The appointment of Chief Justice of High Court is dealt with in Article 217 of the Constitution which states that he is appointed by the President in consultation with the Chief justice of India as well as the Governor of the state in question. The collegium headed by the Chief Justice of India gives recommendations for the appointment of High Court Judges.
• The Section 45 in the Government of Union Territories Act, 1963 states that the Chief Minister must be appointed by the President. Rest of the Ministers are appointed by the President on the advice of the Chief Minister.

7th Amendment of Indian Constitution:

• There are many famous people involved who supported this Act. Some of them are- Pt. Jawaharlal Nehru, Sardar Vallabhbhai Patel, Dr. B. R. Ambedkar, Potti Sreeramulu, Dr. Rajendra Prasad, Feroze Gandhi and many others.
• This Act was formed due to some of the reasons stated below:
  • Demand for Linguistic States: After India gained independence in 1947, there was an increase in linguistic communities’ aspirations for the establishment of states based on their respective languages.
  • Potti Sreeramulu’s Sacrifice: A well-known social activist named Potti Sreeramulu made the ultimate sacrifice by going on a hunger strike to call for the establishment of a separate Telugu-speaking Andhra state.
  • Public Approach: Support for linguistic states was greatly aided by grassroots movements and public opinion in India’s many linguistic areas.
  • Administrative Effectiveness: Reorganizing states according to their respective languages was thought to increase administrative effectiveness. States with populations who speak the same language were thought to have better communication, better government, and a shared cultural identity.
• Major Provisions of the 7th Amendment of Indian Constitution
  • Reorganization of States: The primary purpose of the amendment was to reorganize states in India along linguistic lines.
  • Renaming of States: The amendment led to the renaming of certain states to reflect the linguistic and cultural identities of the people residing there.
  • Abolition of Part B States: The classification of states as Part A, Part B, and Part C was abolished.
  • Redefining Union Territories: The amendment also redefined the status and administration of certain Union Territories to better reflect the changing political and administrative landscape of the country.
  • Extended the jurisdiction of high courts to union territories.
  • Provided for the establishment of a common high court for two or more states.
  • Provided for the appointment of additional and acting judges of the high court.

Appointment of HC Judges:

• Article 217 of the Constitution: It states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI), the Governor of the State.
  • In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court is consulted.
• Consultation Process: High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
  • The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
  • The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
  • The Chief Justice of the High Court is appointed as per the policy of having Chief Justices from outside the respective States.
    • The Collegium takes the call on the elevation.
• Ad-hoc Judges: The appointment of retired judges was provided for in the Constitution under Article 224A.
  • Under the Article, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of judge of that court or of any other High Court to sit and act as a judge of the High Court for that State.
  • Recently, the Supreme Court pushed for the appointment of retired judges to battle the pendency of cases in High Courts.
    • It orally outlined prospective guidelines for the appointment and functioning of an ad-hoc judge.