Article 158 of the Indian Constitution, Conditions of Governor’s Office

Article 158 of the Indian Constitution lays down the conditions governing the office of the Governor of a State. It ensures that the Governor functions independently, without conflict of interest, and is provided with adequate facilities to discharge constitutional responsibilities.

Article 158 of the Indian Constitution Provisions

Article 158 (1) specifies that a Governor cannot be a member of either House of Parliament or of a State Legislature. If a sitting member of Parliament or a State Legislature is appointed as Governor, they are deemed to have vacated their seat on assuming office. This provision ensures that the Governor is politically neutral and not influenced by legislative duties or party affiliations.

Article 158 (2) states that the Governor cannot hold any office of profit. This prevents conflicts of interest and ensures that the Governor’s attention is fully devoted to constitutional responsibilities.

Article 158 (3) guarantees the Governor the use of the official residence (Raj Bhavan) without payment of rent. The Governor is also entitled to emoluments, allowances, and privileges as determined by Parliament, and until Parliament enacts specific laws, these are governed by the Second Schedule of the Constitution. This ensures that the Governor has adequate resources to perform official duties with dignity.

Article 158 (3A) deals with situations where the same person is appointed Governor of two or more States simultaneously. In such cases, the President may allocate the emoluments and allowances among the States in a proportion deemed appropriate.

Article 158 (4) states that the emoluments and allowances of the Governor shall not be diminished during their term of office, providing financial security and safeguarding the independence of the office.

Amendments related to Article 158 of the Indian Constitution

The Seventh Amendment Act, 1956 introduced Clause (3A) to Article 158.It addresses situations where the same person is appointed Governor of two or more States. In such cases, the President can allocate the emoluments and allowances among the States in such proportions as deemed appropriate. This ensures fairness and administrative clarity when a Governor serves multiple States.

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Article 158 of Indian Constitution Significance

Article 158 is significant because it ensures that the Governor:

• Remains politically neutral, free from legislative or party influences.
• Has financial and administrative security, enabling the effective discharge of duties.
• Can perform constitutional responsibilities with dignity, supported by adequate facilities and privileges.
• Maintains institutional continuity, even if serving multiple States simultaneously.