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 pos...

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