Article 158 of the Costitution of India with Case law
Article 158 of the Constitution of India
Title: Conditions of Governor’s office
🔹 Text of Article 158:
(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 residences and shall also be 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.
📘 Explanation of Article 158:
Article 158 lays down the eligibility conditions, disqualifications, and entitlements of a Governor of an Indian state.
✅ Key Points:
A Governor must not be an MP/MLA; if he is, he automatically vacates that seat upon taking office.
A Governor cannot hold any other office of profit.
He is entitled to official residence, salary, and perks as per law made by Parliament, or as per the Second Schedule until such a law exists.
If one Governor is appointed to two or more States, the salary is shared among them as per the President’s decision.
⚖️ Important Case Laws on Article 158:
1. B. P. Singhal v. Union of India (2010) 6 SCC 331
Facts: The arbitrary removal of Governors by the central government was challenged.
Held: The Governor cannot be removed arbitrarily without valid reasons. The Court emphasized constitutional dignity and independence of the Governor’s office.
Relevance to Article 158: Reinforced the idea that Governors must remain politically neutral and free from obligations that may conflict with their office — which is also protected by Article 158’s restriction on holding office of profit or being a legislator.
2. Hargovind Pant v. Raghukul Tilak (1979) 3 SCC 458
Facts: Governor of Himachal Pradesh was also appointed as the Chairman of a University, and the appointment was challenged as being in violation of Article 158(2).
Held: Supreme Court held that even honorary posts may fall under “office of profit”. The Governor cannot hold any other position, even if it’s unpaid, if it brings executive responsibility.
Relevance: Direct interpretation of Article 158(2) – clarified what constitutes “office of profit”.
3. Shamsher Singh v. State of Punjab (1974) 2 SCC 831
Facts: Concerned the role and powers of the Governor as a constitutional head.
Held: Governor must act on the advice of the Council of Ministers, except in matters where he is required to act in his discretion.
Relevance: While not about Article 158 specifically, it reinforces the limited and neutral role of the Governor, aligning with the expectations set under Article 158.
✅ Summary Table of Article 158:
| Clause | Provision |
|---|---|
| 158(1) | Governor must resign from Parliament or Legislature seat upon appointment |
| 158(2) | Cannot hold any other office of profit |
| 158(3) | Entitled to rent-free official residence and salary as per law |
| 158(4) | If Governor for multiple states, salary shared as decided by the President |
🧾 Emoluments (as per latest law):
Governor receives a monthly salary of ₹3.5 lakh (as of recent amendments).
Entitled to:
Official residence
Staff support
Security and travel allowances
📝 Conclusion:
Article 158 ensures that a Governor:
Remains politically neutral
Does not hold conflicting responsibilities
Receives state support and dignity appropriate to a constitutional head
It is a safeguard to maintain the autonomy and dignity of the Governor’s office.
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