Article 158

Article 158 of the Constitution of India specifies the conditions of service, restrictions, and entitlements applicable to the Governor, the constitutional head of a State. It ensures the neutrality, dignity, and independence of the Governor’s office by laying down clear rules about what a Governor can and cannot do while in office. These conditions are designed to preserve the Governor’s impartiality and prevent conflicts of interest, ensuring the smooth functioning of the State’s constitutional machinery.

Constitutional Text

Article 158 provides:

(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.
(4) 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.

Purpose and Objective

The purpose of Article 158 is to ensure that the Governor’s office remains apolitical, independent, and dignified, free from undue influence of legislative or executive authorities. The provisions maintain the constitutional separation of powers and prevent the Governor from simultaneously holding conflicting offices or pursuing personal gain.
The Article guarantees the Governor:

• Financial security, through official emoluments and privileges.
• Impartiality, by prohibiting membership in legislatures and other offices.
• Constitutional dignity, by defining the Governor’s privileges and official conduct.

Key Provisions and Their Significance

1. Prohibition of Legislative Membership (Clause 1)

• The Governor cannot be a member of either House of Parliament or of any State Legislature.
• If a person already serving as a Member of Parliament (MP) or Member of Legislative Assembly (MLA) or Council (MLC) is appointed as Governor, they are deemed to have vacated their legislative seat on the date they assume the Governor’s office.

Significance:This prohibition ensures the political neutrality of the Governor. By barring active legislators from serving as Governor, the Constitution prevents a situation where the Governor might favour a particular political party or act under partisan influence.

2. Prohibition on Holding Any Other Office of Profit (Clause 2)

• The Governor cannot hold any other office of profit during their tenure.
• “Office of profit” refers to any position that carries remuneration or financial benefit under the control of the government.

Significance:This restriction guarantees that the Governor’s focus remains solely on their constitutional duties and that they are insulated from external financial or administrative influence. It also prevents conflicts of interest that could arise from holding multiple remunerative positions.

3. Entitlement to Official Residence and Emoluments (Clause 3)

• The Governor is entitled to use an official residence without paying rent.
• They are also entitled to emoluments, allowances, and privileges determined by Parliament through law.
• Until such legislation is enacted, the Governor’s entitlements are as specified in the Second Schedule of the Constitution.

Key Details:

• The Governor’s current salary and allowances are determined periodically by Parliament.
• These financial provisions are charged upon the Consolidated Fund of the State, meaning they are not subject to the State Legislature’s annual vote.

Significance:This clause provides financial security and independence to the Governor, ensuring that monetary concerns do not affect constitutional impartiality.

4. Allocation of Emoluments for Governors of Multiple States (Clause 4)

• If the same person serves as Governor for two or more States, their salary and allowances are divided among the States in proportions determined by the President of India.
• This provision reflects the flexibility of the Indian federal structure, where one Governor may serve multiple States (e.g., the Governor of Goa also serving as Governor of Maharashtra).

Significance:This clause ensures administrative and financial clarity in cases where dual or concurrent appointments are made.

Related Constitutional Provisions

• Article 153: Provides that each State shall have a Governor.
• Article 154: Vests the executive power of the State in the Governor.
• Article 155: Specifies the Governor’s appointment by the President.
• Article 156: Determines the Governor’s term of office.
• Article 157: Lists qualifications for appointment as Governor.
• Article 161: Grants the Governor the power to pardon, reprieve, or remit sentences.

Together, these Articles define the structure, authority, and safeguards governing the office of the Governor.

Judicial Interpretations and Key Case Laws

Although no major judgment directly interprets Article 158 alone, its principles have been elaborated in cases concerning the Governor’s powers and constitutional responsibilities:

1. Shamsher Singh v. State of Punjab (1974):
   • The Supreme Court held that the Governor is a constitutional head who acts on the aid and advice of the Council of Ministers, except where the Constitution grants discretion.
   • The case reinforced the impartial and constitutional nature of the Governor’s office envisaged under Articles 157–158.
2. Rameshwar Prasad v. Union of India (2006):
   • The Court emphasised that Governors must act within constitutional limits and cannot use discretionary powers arbitrarily, underscoring the office’s neutrality.
3. K. S. Puttaswamy v. Union of India (2017):
   • While primarily focused on privacy rights, this case reaffirmed that all constitutional authorities, including the Governor, must act within the framework of constitutional morality.

These rulings collectively affirm that the Governor’s position is one of constitutional trust, demanding independence, dignity, and political neutrality.

Significance of Article 158

1. Ensures Separation of Powers:By prohibiting membership in legislatures and other offices, Article 158 maintains the independence of the executive from the legislative branch.
2. Guarantees Impartiality:The restrictions protect the Governor from political and financial influences, enabling impartial discharge of duties.
3. Upholds Dignity of Office:By providing official residences, emoluments, and privileges, the Article safeguards the status and decorum of the Governor’s constitutional role.
4. Promotes Accountability and Transparency:The financial arrangements under this Article ensure transparency, as the Governor’s salary is determined and regulated by Parliament, not by State governments.

Historical and Comparative Context

The office of the Governor in India has its roots in the colonial system of governance, where British Governors represented the Crown in provinces. After independence, this position was adapted to suit India’s federal parliamentary democracy.

• Unlike colonial Governors, who wielded significant authority, the modern Indian Governor acts primarily as a constitutional figurehead, upholding the supremacy of the Constitution.
• Similar provisions exist in other Commonwealth nations, where Governors or Governors-General serve as representatives of the Head of State and are subject to comparable restrictions to ensure impartiality.

Practical Implications

• Political Neutrality: Governors are expected to remain apolitical, even if they had prior political affiliations before appointment.
• Impartial Decision-Making: The Governor’s independence becomes crucial during periods of political instability, such as hung assemblies or recommendations for President’s Rule.
• Administrative Continuity: The financial independence provided by Article 158 ensures smooth functioning of the office without reliance on the State government.

Controversies and Debates

Despite constitutional safeguards, the Governor’s office has often been mired in controversy, particularly over:

• Alleged political bias in exercising discretionary powers.
• Appointments and removals based on political considerations by the Union Government.
• Questions over Governor’s interference in State legislative matters.

Expert bodies such as the Sarkaria Commission (1988) and the Punchhi Commission (2010) have recommended that Governors should be non-partisan, eminent persons and that their functions should adhere strictly to constitutional conventions to prevent misuse.

Constitutional and Federal Significance

Article 158 upholds the Governor’s role as a neutral constitutional authority by imposing restrictions and defining privileges that preserve the independence and dignity of the office. These safeguards ensure that the Governor’s conduct remains beyond political and financial influence while providing the necessary means for effective functioning.