Which of the following officeholders can the President remove without a…

Concept

Constitutional offices do not all have the same security of tenure. The governing rule is the constitutional removal mechanism attached to each office.

The decisive test is whether the Constitution requires a parliamentary address or resolution before the President may remove the officeholder, or instead makes the tenure subject to the President's pleasure.

Application

Article 156(1) states that a Governor holds office during the pleasure of the President. Therefore, the Constitution does not require a resolution of Parliament for the President to remove a State Governor.

Contrast

• A High Court judge is removed under Articles 217 and 124(4) after an address by each House of Parliament supported by the prescribed special majority.

• Under Article 324(5), the Chief Election Commissioner may be removed only in the same manner and on the same grounds as a Supreme Court judge, so parliamentary action is involved.

• Under Article 148(1), the Comptroller and Auditor-General may be removed only in the same manner and on the same grounds as a Supreme Court judge, so parliamentary action is involved.

Result

Hence, the Governor of a State is the officeholder who can be removed by the President without a resolution of Parliament.