Actual Article
Article 160: Discharge of the functions of the Governor in certain contingencies
The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.
UPSC Notes for Article 160
Explanation:
- Contingency Provisions:
- In situations not covered by the Constitution regarding the discharge of the Governor’s functions, the President has the authority to make appropriate provisions.
- This ensures that there is no administrative vacuum or ambiguity in the functioning of the Governor’s office during unforeseen circumstances.
Key Points:
- Presidential Authority: Empowers the President to step in and ensure continuity in the State’s administration in unforeseen contingencies.
- Administrative Continuity: Prevents disruptions in the governance of the State by allowing the President to address situations not explicitly covered in the Constitution.
Important Cases and Commissions Related to Article 160
Cases:
- S.R. Bommai vs. Union of India (1994): While the case primarily dealt with President’s rule, it underscored the importance of continuity and the role of the President in maintaining administrative order in the States.
- Nabam Rebia and Bamang Felix vs. Deputy Speaker (2016): Highlighted the broader context of gubernatorial functions and the need for clear provisions in contingencies.
Commissions:
- Sarkaria Commission: Reviewed Centre-State relations and the role of the Governor, emphasizing the need for clear contingency provisions to ensure seamless administration.
- Punchhi Commission: Further examined the need for effective mechanisms to address contingencies in the functioning of the Governor’s office, suggesting reforms to enhance administrative resilience.
Previous Year Prelims Questions Related to Article 160
- (UPSC Prelims 2016) Who has the authority to make provisions for the discharge of the functions of the Governor in contingencies not provided for in the Constitution?
- A. The Prime Minister
- B. The Chief Justice of India
- C. The President
- D. The Parliament Correct Answer: C. The President
- (UPSC Prelims 2018) Under Article 160, the President can make provisions for the discharge of the functions of the Governor in:
- A. Normal circumstances
- B. Emergencies only
- C. Contingencies not provided for in the Constitution
- D. Matters related to State legislation Correct Answer: C. Contingencies not provided for in the Constitution
Previous Year Mains Questions Related to Article 160
- Mains 2016: “Discuss the significance of Article 160 in ensuring administrative continuity in the States. How does the President’s power under this article address unforeseen contingencies in the discharge of the Governor’s functions?”
- Mains 2019: “Analyze the role of Article 160 in maintaining governance during unforeseen circumstances. How does this provision empower the President to ensure smooth functioning of State administration?”
Additional Insights:
- Flexibility and Resilience: Article 160 provides the necessary flexibility to the central government to address unexpected situations in the States, ensuring administrative resilience.
- Preventing Administrative Vacuums: Ensures that there is no gap in governance even in situations not explicitly covered by the Constitution, maintaining stability in State administration.
- Empowering the President: Highlights the President’s pivotal role in maintaining the constitutional balance and ensuring smooth governance in the States.
Understanding Article 160 is crucial for UPSC aspirants as it outlines the provisions for the discharge of the Governor’s functions in contingencies, emphasizing the role of the President in maintaining administrative continuity and stability. This knowledge is essential for both preliminary and main examinations, offering insights into the mechanisms that support effective governance and the constitutional framework of India.