Part VI - The States • Article

Article 158 Simplified: Conditions of Governor's office

Article 158 lists the conditions and rules a Governor must follow while in office. A Governor cannot be a member of Parliament or any State Legislature (if they are, they must vacate that seat), cannot hold any other office of profit (paying job), is entitled to a rent-free official residence (Raj Bhavan), and their salary and allowances cannot be reduced during their term.

Official Text

(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.

Simple Meaning

Explain Like Ten

A Governor cannot be a member of Parliament or have any other paying job. They get to live in a beautiful official house (Raj Bhavan) rent-free, and the government cannot cut their salary while they are on the job.

Student Mode

Imposes restrictions and guarantees on the office of Governor to ensure independence: (1) Cannot be an MP or MLA; (2) Cannot hold any other office of profit; (3) Entitled to rent-free official residence and emoluments determined by Parliament; (3A) Salary sharing proportional rules apply if one person is Governor of multiple states; (4) Emoluments cannot be diminished during their term.

Example

If a sitting Member of Parliament (MP) is appointed as a Governor, they immediately lose their seat in Parliament. During their term, the government cannot pass a law to cut their salary, protecting their independence from political pressure.

Key Takeaway

Article 158 protects the Governor's independence by prohibiting other offices of profit and safeguarding their salary and allowances from being reduced.

FAQs

What happens if a sitting MLA is appointed as Governor?

Under Article 158(1), they are deemed to have vacated their seat in the State Legislature on the date they enter office as Governor.

Can the Governor's salary be reduced during a financial emergency?

No, Article 158(4) strictly guarantees that their emoluments and allowances cannot be reduced during their term of office, providing financial security to protect their neutrality.

Quiz

What happens if a Member of Parliament is appointed as a Governor?

Answer: They are deemed to have vacated their seat in Parliament upon entering the Governor's office

Which clause of Article 158 deals with salary allocation when a person is appointed Governor of two or more States?

Answer: Clause (3A)