Part VI: The States

Discharge of the Functions of the Governor

Article 160: Discharge of the Functions of the Governor in Certain Contingencies

--- Original Article ---

The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.

Explanation

Article 160 of the Indian Constitution empowers the President of India to make necessary arrangements for the discharge of the duties of a Governor in the event of any unforeseen contingencies. This Article plays a crucial role in ensuring that the office of the Governor, which holds significant constitutional responsibilities in the governance of a state, functions smoothly without interruption.

Fundamental Aspects

• Provision for Contingency Management: Article 160 allows the President to step in when contingencies arise that are not addressed by any other provisions in the Constitution. Such contingencies may involve a sudden vacancy or incapacitation of the Governor. The President is given discretionary powers to ensure that the Governor’s functions are carried out.
• Authority of the President: The Article gives the President the ability to handle these matters, ensuring that no legal or administrative void is created at the state level. This reinforces the federal structure while allowing the Union government to maintain stability in governance.

Amendments and Changes

Article 160 remains unchanged since the inception of the Constitution, highlighting its comprehensive and flexible nature. The Article’s design is such that it can address a wide range of possible contingencies, and thus, it has not required any specific amendments.

Real-Life Examples

• During the 1980s, the Governor of Tamil Nadu was incapacitated due to health reasons. The President appointed an acting Governor until a new one could take office, ensuring governance continuity.
• In the 1970s, when certain Governors resigned unexpectedly, the President made temporary arrangements for the discharge of the Governor's functions until new appointments were made.

Historical Significance

The drafters of the Indian Constitution anticipated potential gaps in state-level governance due to the Governor's absence or incapacity. Article 160 serves as a constitutional safety net, ensuring that governance does not come to a standstill. The historical significance of this provision lies in its ability to uphold the smooth functioning of the federal structure, where the central and state governments must work in harmony.

Legislative History

Article 160 of the Indian Constitution, originally presented as Article 138 in the Draft Constitution, was formally incorporated into the Constitution's final text on June 1, 1949, following extensive deliberations.

Debates and Deliberations

During the deliberations, Shri Brajeshwar Prasad moved an amendment to substitute the original text with: "The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter." He introduced this amendment without additional commentary, stating that it was self-explanatory.

Mr. Mohd. Tahir proposed replacing the word "Chapter" with "Constitution," arguing that "Constitution" was more appropriate and comprehensive. However, his amendment was not accepted.

Ultimately, the amendment proposed by Shri Brajeshwar Prasad was adopted, and Article 138, as amended, was incorporated into the Constitution.

References

• B. R. Ambedkar’s speeches during the framing of the Constitution
• Historical instances of Governor appointments post-independence
• The Constitution of India: A Commentary by V. N. Shukla
• Constituent Assembly Debates on the Governor's Role in India
• Case laws where the President’s discretion under Article 160 was invoked