What is Constitution Of India Article 158?

Constitution Of India Article 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 is 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 residence 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 made, such emoluments, allowances, and privileges as are specified in the Second Schedule.

{1}(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.

Note

{1}. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 7 (w.e.f. 1-11-1956).

Brief Detail

Article 158 of the Constitution outlines the conditions of office for a Governor. It ensures that the Governor is not a member of Parliament or any State Legislature, prohibits holding any other office of profit, and guarantees certain benefits like official residences and allowances. Additionally, the Governor's emoluments cannot be reduced during their tenure.

Question & Answers

Can a Governor be a member of Parliament or State Legislature?

No, a Governor cannot be a member of either House of Parliament or any State Legislature. If appointed, they must vacate their seat in the legislative body.

What are the privileges of the Governor under Article 158?

The Governor is entitled to the use of official residences without rent, as well as emoluments, allowances, and privileges determined by Parliament or as specified in the Second Schedule.

Example

For example, if a person is appointed Governor of two States, the President may allocate the salary and benefits in proportion to each State's share, as per the discretion outlined in clause (3A).

Summary

Article 158 ensures that the Governor holds a prestigious and independent office, with defined conditions, benefits, and protections related to their role. It also guarantees that their compensation is secure during their term in office.