Part VI: The States

Conditions of Governor's Office

Article 158: Conditions of Governor's Office

Overview of Article 158: Conditions of Governor's Office

--- Original Article ---

(1) The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.

(2) The Governor shall not hold any other office of profit.

(3) The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

(3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.

(4) The emoluments and allowances of the Governor shall not be diminished during his term of office.

Explanation

Article 158 of the Constitution of India outlines the conditions of the office of the Governor. It sets forth the qualifications, entitlements, and restrictions concerning the Governor's role. The Governor is the constitutional head of a state, and this article ensures the integrity and independence of the office. The provisions highlight the importance of ensuring that the Governor remains free from conflicts of interest and enjoys specific privileges during their tenure.

Fundamental Aspects

  • Clause (1): Restrictions on Membership in Legislature - The Governor cannot be a member of either House of Parliament or any state legislature. If appointed as Governor, they must vacate their legislative seat. This ensures impartiality and independence from legislative influence.
  • Clause (2): Prohibition of Holding Other Office of Profit - The Governor is barred from holding any other office of profit, preventing conflicts of interest and ensuring focus on constitutional duties.
  • Clause (3): Entitlement to Official Residence and Allowances - The Governor is entitled to an official residence without rent and receives emoluments, allowances, and privileges as specified by Parliament or in the Second Schedule.
  • Clause (3A): Allocation of Emoluments for Multiple States - Allows for allocation of emoluments when a Governor serves more than one state, introduced in the Seventh Amendment Act, 1956.
  • Clause (4): Protection of Emoluments - The emoluments of the Governor cannot be reduced during their term, ensuring financial stability and autonomy.

Amendments and Historical Context

The most significant amendment to Article 158 is the insertion of Clause (3A) through the Seventh Amendment Act, 1956, addressing the appointment of a single Governor for multiple states during reorganization.

This amendment underscores the importance of flexibility in the role of the Governor while balancing state and union powers.

Real-Life Examples

  • M. M. Jacob: Upon being appointed as Governor of Meghalaya in 1995, vacated his Rajya Sabha seat, illustrating Clause (1).
  • Rameshwar Thakur: Served as Governor for multiple states, showing Clause (3A) in action for equitable emolument distribution.
  • N. N. Vohra: Served as Governor of Jammu & Kashmir, highlighting the importance of Clause (4) in ensuring autonomy during political instability.

Legislative History

Article 158 of the Indian Constitution, initially drafted as Article 135, was incorporated into the Constitution on May 31 and October 14, 1949, providing detailed conditions for the Governor’s office.

Debates and Deliberations

Dr. B.R. Ambedkar proposed amendments to Article 135 for clarity, adjusting language and specifying conditions for the Governor’s office.

Shri H.V. Kamath questioned the official residence clause, arguing it was unnecessary, while Dr. Ambedkar defended its importance.

Shri Brajeshwar Prasad proposed one Governor for multiple provinces for economic efficiency, but this conflicted with an article mandating a Governor for each province. Amendments to clauses (1) and (2) were accepted, and Article 135 was adopted as amended.

Frequently Asked Questions (FAQs):

What are the conditions of a Governor's office as per Article 158?

Article 158 outlines that a Governor cannot be a legislator, hold any other office of profit, is entitled to a rent-free residence, and receives emoluments that cannot be reduced during their term.

Can a Governor serve multiple states?

Yes, as per Clause (3A), the President can appoint a Governor for multiple states, with emoluments allocated proportionally among them.

Has Article 158 been amended?

Yes, the Seventh Amendment Act of 1956 introduced Clause (3A), allowing emolument allocation for Governors serving multiple states.

References

  • Constituent Assembly Debates on Article 158: Discussions on the conditions of the Governor's office, focusing on independence and privileges.
  • Seventh Amendment Act, 1956: Amendment introducing Clause (3A) for Governors serving multiple states.
  • Case examples: M. M. Jacob, Rameshwar Thakur, and N. N. Vohra, illustrating the practical application of Article 158 clauses.
  • Constitutional Assembly Debates (CAD), Vol. VIII: Further insight into the rationale behind the conditions set for the Governor’s office.
Article 157 Article 159