Conditions of Governor's office
Article 158 — Conditions of Governor's office
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.
Plain English Summary
This article sets the conditions for a person to become a Governor of a state. If someone is already a member of Parliament or a State Legislature, they automatically leave their seat in that body when they become Governor. Furthermore, the Governor cannot hold any other paid position and is entitled to certain allowances and privileges as determined by law.
Key Points
- A person appointed as Governor from Parliament or a State Legislature vacates their seat in that House immediately upon becoming Governor.
- The Governor is prohibited from holding any other office that involves profit.
- The Governor is entitled to official residences rent-free and specific emoluments/privileges defined by Parliament.
- The Governor's salary and allowances cannot be reduced during their tenure.
Why It Matters
This article establishes the constitutional status, financial entitlements, and conflict of interest rules for the head of the state administration in each state.
Landmark Judgements
No major landmark judgements.