Actual Article
Article 158: Conditions of Governor’s office
- 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.
- The Governor shall not hold any other office of profit.
- 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.
- The emoluments and allowances of the Governor shall not be diminished during his term of office.
UPSC Notes for Article 158
Explanation:
- Prohibitions on Holding Office:
- The Governor cannot be a member of either House of Parliament or the State Legislature. If a sitting member is appointed as Governor, they must vacate their seat in the legislative body upon assuming the office of Governor.
- Office of Profit:
- The Governor is prohibited from holding any other office of profit to prevent conflicts of interest and ensure the Governor’s impartiality and independence.
- Official Residence:
- The Governor is entitled to use official residences without payment of rent and is entitled to emoluments, allowances, and privileges as determined by Parliament. Until Parliament makes provisions, these are specified in the Second Schedule.
- Emoluments and Allowances:
- The Governor’s emoluments and allowances cannot be diminished during their term of office, ensuring financial stability and independence.
Key Points:
- Impartiality and Independence: The conditions ensure that the Governor maintains impartiality by not holding any other office of profit and not being an active member of the legislative bodies.
- Financial Security: Ensures that the Governor’s financial conditions remain stable throughout their term, promoting independence from external influences.
- Official Privileges: Provides the Governor with the necessary facilities and allowances to perform their duties effectively.
Important Cases and Commissions Related to Article 158
Cases:
- B.P. Singhal vs. Union of India (2010): The Supreme Court discussed the conditions under which Governors could be removed, emphasizing the need for fairness and non-arbitrariness in their tenure.
- Nabam Rebia and Bamang Felix vs. Deputy Speaker (2016): This case indirectly touched upon the role and conditions of the Governor’s office while discussing legislative powers and the Governor’s discretion.
Commissions:
- Sarkaria Commission: Recommended that Governors should not be actively involved in politics after their tenure and emphasized the importance of the Governor’s impartiality and the conditions of their service.
- Punchhi Commission: Suggested that the removal process of Governors should be more transparent and based on due process to uphold the dignity and independence of the office.
Previous Year Prelims Questions Related to Article 158
- (UPSC Prelims 2016) Which of the following statements is correct regarding the conditions of the Governor’s office?
- A. The Governor can hold another office of profit.
- B. The Governor can be a member of either House of Parliament.
- C. The Governor’s emoluments and allowances can be diminished during their term.
- D. The Governor is entitled to the use of official residences without payment of rent. Correct Answer: D. The Governor is entitled to the use of official residences without payment of rent.
- (UPSC Prelims 2018) According to Article 158, the Governor’s term in office shall not be affected by:
- A. Diminished emoluments and allowances
- B. Holding another office of profit
- C. Being a member of the State Legislature
- D. Being a member of the House of Parliament Correct Answer: A. Diminished emoluments and allowances
Previous Year Mains Questions Related to Article 158
- Mains 2016: “Discuss the significance of the conditions outlined in Article 158 for the office of the Governor. How do these conditions ensure the independence and impartiality of the Governor?”
- Mains 2019: “Analyze the provisions under Article 158 that prevent the Governor from holding any other office of profit. How do these provisions impact the functioning of the Governor’s office?”
Additional Insights:
- Ensuring Neutrality: Article 158 is crucial in ensuring that the Governor remains a neutral and impartial authority in the State, free from political and financial pressures.
- Financial Independence: The provisions regarding emoluments and official residences ensure that the Governor’s financial independence is maintained, allowing them to perform their duties without external influences.
- Constitutional Role: The conditions laid out in Article 158 reflect the importance of the Governor’s constitutional role in maintaining the balance between the State and the Centre.
Understanding Article 158 is crucial for UPSC aspirants as it outlines the conditions for the office of the Governor, ensuring the independence, impartiality, and effective functioning of the Governor. This knowledge is essential for both preliminary and main examinations, offering insights into the mechanisms that support the constitutional role and dignity of the Governor in India.