Article 158 of CoI : Article 158: Conditions of Governor's office.

Explanation using Example

Example 1:

Scenario: Appointment of a Governor who is currently a Member of Parliament

Situation: Mr. Sharma is a sitting Member of Parliament (MP) from Uttar Pradesh. The President of India appoints Mr. Sharma as the Governor of Maharashtra.

Application of Article 158(1): According to Article 158(1), Mr. Sharma cannot be a member of either House of Parliament or of a House of the Legislature of any State while serving as Governor. Therefore, upon his appointment as Governor of Maharashtra, Mr. Sharma will automatically vacate his seat as an MP on the date he assumes office as Governor.

Outcome: Mr. Sharma resigns from his position as an MP and takes the oath of office as the Governor of Maharashtra.

Example 2:

Scenario: Governor holding another office of profit

Situation: Ms. Rao is appointed as the Governor of Karnataka. Prior to her appointment, she was also serving as the Chairperson of a government-owned corporation, which is considered an office of profit.

Application of Article 158(2): Article 158(2) states that the Governor shall not hold any other office of profit. Therefore, Ms. Rao must resign from her position as Chairperson of the government-owned corporation before assuming her duties as Governor.

Outcome: Ms. Rao resigns from her position as Chairperson and takes the oath of office as the Governor of Karnataka.

Example 3:

Scenario: Governor's official residence and allowances

Situation: Mr. Verma is appointed as the Governor of Tamil Nadu. He is concerned about his living arrangements and the allowances he will receive.

Application of Article 158(3): According to Article 158(3), Mr. Verma is entitled to use the official residence without paying rent. He is also entitled to emoluments, allowances, and privileges as determined by Parliament or as specified in the Second Schedule until such provisions are made.

Outcome: Mr. Verma moves into the official Governor's residence in Chennai and receives the specified emoluments, allowances, and privileges.

Example 4:

Scenario: Governor appointed for two states

Situation: Dr. Singh is appointed as the Governor of both Punjab and Haryana.

Application of Article 158(3A): Article 158(3A) states that when 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 determine.

Outcome: The President issues an order determining the proportion of emoluments and allowances that Punjab and Haryana will each pay to Dr. Singh. Dr. Singh receives his emoluments and allowances accordingly.

Example 5:

Scenario: Diminishing emoluments and allowances during the Governor's term

Situation: Ms. Kapoor is serving as the Governor of West Bengal. During her term, there is a proposal to reduce the emoluments and allowances of Governors due to budget constraints.

Application of Article 158(4): Article 158(4) ensures that the emoluments and allowances of the Governor shall not be diminished during their term of office.

Outcome: Ms. Kapoor continues to receive her emoluments and allowances without any reduction for the duration of her term as Governor.