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Article 158 Of Indian Constitution In English
Article 158 – Conditions of Governor 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 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 Second Schedule.
(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.
Article 158 In English
158 Article – Conditions of Governor’s Office.
(1) The Governor shall not be a member of either House of Parliament referred to in the First Schedule or of either House of the Legislature of a State, and if a member of either House of Parliament or of either House of the Legislature is appointed to be the Governor of the State, he shall be deemed to He has 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 for 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 unless provision is made in this behalf. such emoluments, allowances and privileges as are specified in the Second Schedule.
(3A) Where the same person is appointed as the Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated between the States in such proportion as the President may, by order, determine.
(4) The emoluments and allowances of the Governor shall not be reduced during his term of office.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 158 Of Indian Constitution?
In Article 158 you see “Conditions of Governor office” that means (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. more above…
Article 158 Debate Summary
The draft Article 135 (Article 158) was debated on 31 May 1949 and 14 October 1949. It laid down the conditions of service for the Governor. The Chairman of the Drafting Committee proposed that clause (1) be amended to prevent the appointment of a member of a State Legislature ‘of either House of Parliament or either House’ as Governor.
The Chairman also proposed to amend clause (2) that ‘the Governor shall not hold any other office of profit’. Both were accepted by the Assembly, with another member of the House proposing that the official residence requirement for the governor be removed. He argued that it was unnecessary to mention such a small detail in the constitution, and that other constitutions did not include similar provisions.
The Chairman of the Drafting Committee replied that the draft was in line with Article 48 (Article 59) which prescribed the official residence of the President. This amendment was rejected. The amended draft Article was initially adopted on 31 May 1949. Subsequently, a member of the drafting committee proposed to amend clause (3) to explicitly give the governor the right to have a rent-free use of his official residence.
He argued that this was necessary in the light of a similar amendment to the draft Article 48 relating to the official residence of the President. The same member also proposed that the draft article be amended to allow Parliament to determine the emoluments and allowances payable to the Governor instead of the respective State Legislature.
He argued that this was necessary because a Governor would be appointed by the President, and therefore it was inappropriate for the State Legislature to deliberate on the matter. On 14 October 1949, both the amendments were accepted without much opposition.
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