Constitution of India

Article -158 Conditions of Governor’s office.

The Constitution of India is the fountainhead from which all our laws derive their authority and force. This is next Article in the series on constitutional provisions in order to aid our readers in understanding them.


158. Conditions of Governor’s office.—(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.

Judicial Interpretation
Office of profit: After taking the oath under article 159 to discharge the functions of the Governor, the Chief Justice cannot be said to continue to hold the office of the Chief Justice for the time being, while he discharges the functions of the Governor and as such it cannot be held that he holds “other office of profit” and therefore suffers from the disqualification provided under article 158(2).

The office of the Governor was not an office of profit under the Government.

Analysis and Comment
Article 158 provides that the Governor cannot be a member of Parliament or of any of the State Legislatures. If any member is appointed as Governor, his seat in the legislature shall be deemed to have been vacated on the date of assuming the charge of Governor’s office. The Governor cannot hold any other office of profit. Every Governor is entitled to free official residence and other emoluments, etc. as may be determined by Parliament by law or as laid down under the Second Schedule of the Constitution. The present salary of a Governor is Rs 3,50,000/- per month.

Source: Dr Subhash C Kashyap, Constitutional Law of India, Universal.

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