Conditions of the Governor’s Office (Article 158)
Indian Polity › Governor · Topic 21.3
Under Article 158 the Governor cannot be a legislator or hold any office of profit, gets Raj Bhavan rent-free, receives emoluments fixed by Parliament that cannot be reduced, and has criminal immunity and civil immunity subject to two months’ notice.
5 min read · UPSC Prelims · Polity · Governor
At a Glance
- What it is Conditions, pay and immunities of the Governor
- Article Article 158
- Residence Raj Bhavan without rent
- Immunity Like the President
- Exam link UPSC Prelims, Polity: Governor
Where Does It Fit?
This is the third topic of the category on the Governor. Article 158 lays down conditions to keep the Governor independent and neutral.
The Conditions
- The Governor should not be a member of either House of Parliament or of a House of the state legislature. If such a person is appointed, he or she is deemed to have vacated the seat on the date of entering upon office as Governor.
- The Governor should not hold any other office of profit.
- The Governor is entitled without payment of rent to the use of the official residence, Raj Bhavan.
- The Governor is entitled to such emoluments, allowances and privileges as may be determined by Parliament.
- When the same person is Governor of two or more states, the emoluments and allowances are shared by the states in such proportion as the President determines.
- The emoluments and allowances cannot be diminished during the term of office.
Salary and Allowances
In 2018, Parliament increased the salary of the Governor from Rs 1.10 lakh to Rs 3.50 lakh per month through the Finance Act, 2018, with effect from 1 January 2016, amending the Governor’s (Emoluments, Allowances and Privileges) Act, 1982. The salary and allowances of the Governor are determined by Parliament and not by the state legislature, which keeps them beyond the control of the state government, and the emoluments cannot be reduced during the term of office.
Privileges and Immunities
Like the President, the Governor enjoys a number of privileges and immunities. The Governor has personal immunity from legal liability for official acts. During the term of office, the Governor is immune from any criminal proceedings, even in respect of personal acts, and cannot be arrested or imprisoned. However, after giving two months’ notice, civil proceedings can be instituted against the Governor during the term in respect of personal acts.
| Point | President | Governor |
|---|---|---|
| Not a member of legislature | Yes; seat vacated on entering office | Yes; seat vacated on entering office |
| Office of profit | Barred | Barred |
| Official residence | Rashtrapati Bhavan, rent-free | Raj Bhavan, rent-free |
| Emoluments fixed by | Parliament | Parliament |
| Reduction during term | Not allowed | Not allowed |
| Criminal immunity | During term | During term |
| Civil proceedings | After two months’ notice | After two months’ notice |
Powers of the Governor at a Glance
| Head | Examples |
|---|---|
| Executive | Appoints the Chief Minister, ministers, Advocate General, State Election Commissioner and SPSC members; chancellor of universities |
| Legislative | Summons and prorogues the legislature, dissolves the assembly, nominates council members, gives assent, issues ordinances |
| Financial | Sees that the budget is laid; recommends money bills and grants; Contingency Fund advances; constitutes the State Finance Commission |
| Judicial | Pardons for state-law offences; consulted on High Court judges; appoints district judges with the High Court |
| Not available | No diplomatic, military or emergency powers |
The conditions of office in Article 158 sit alongside these powers. They explain how the Governor is meant to act as a neutral constitutional head. The privileges of the state legislature do not extend to the Governor, who is an integral part of the legislature.
Salary Comparison
The Governor’s salary of Rs 3.50 lakh per month is lower than the President’s Rs 5 lakh and the Vice-President’s (as Chairman of the Rajya Sabha) Rs 4 lakh per month, all revised in 2018 with effect from 1 January 2016, but is higher than the earlier Rs 1.10 lakh. The entitlement to Raj Bhavan, the immunity from criminal proceedings and the protection of emoluments follow the pattern set for the President. Since the Governor has no security of tenure, these conditions secure financial and legal independence but not independence of tenure.
Why These Conditions Matter
These conditions follow the model of the President’s office. Not being a legislator protects the Governor from party politics; the bar on other offices of profit prevents divided loyalties; rent-free residence and a fixed salary make the Governor independent of the state government; and immunities protect the office from harassment. However, since the Governor holds office at the pleasure of the President and has no security of tenure, these conditions do not by themselves guarantee independence from the Centre. The Governor’s personal pay is a central matter as it is fixed by Parliament, while the cost of the office is borne by the state.
Why Is This Topic Important?
- Parallel with President Questions compare the two offices
- Salary Rs 3.50 lakh since 2018
- Immunities Civil notice of two months
What Came Next?
The next topic covers the executive power of the state under Article 154.
Key People and Terms
- Raj Bhavan Official residence of the Governor
- Office of profit Paid position under government
- Emoluments Pay and allowances
- Immunity Protection from legal proceedings
- Article 158 Conditions of office
Exam Corner
Points to Remember
- Salary Rs 3.50 lakh (2018).
- Fixed by Parliament.
- Civil suit needs two months’ notice.
- Cannot be diminished during term.
Do Not Confuse With
- Governor and President immunity Same pattern
- Parliament and state legislature Governor’s pay is fixed by Parliament
- Governor of two states Pay shared as per the President
Memory Hook
No seat, no profit, Raj Bhavan free, pay by Parliament, immunity with two months’ notice.
Mains Angle
Questions on this topic usually ask about the independence of the Governor. Use these points to add depth.
- Insulation from legislature Cannot be a legislator
- Financial independence Fixed by Parliament
- Legal immunities Criminal and civil
- Limit No security of tenure
A Question You May Face
An original practice question, not a past paper question.
“Discuss the conditions and immunities attached to the office of Governor.”
How to Answer
- Introduction Article 158.
- Conditions Six.
- Immunities Criminal and civil.
- Conclusion Independence limits.
GS Relevance
Frequently Asked Questions
What are the conditions of the Governor’s office?
The Governor cannot be a member of either House of Parliament or the state legislature, cannot hold any other office of profit, gets Raj Bhavan rent-free, receives emoluments fixed by Parliament and cannot have them reduced during the term.
Who fixes the Governor’s salary?
Parliament determines the emoluments, allowances and privileges of the Governor. In 2018 Parliament raised the salary from Rs 1.10 lakh to Rs 3.50 lakh per month, with effect from 1 January 2016, by amending the 1982 Act.
What happens if a legislator is appointed Governor?
If a member of Parliament or of a state legislature is appointed Governor, he or she is deemed to have vacated the seat in that House on the date of entering upon the office of Governor.
Does the Governor enjoy legal immunity?
Yes. The Governor is immune from legal liability for official acts and, during the term, from any criminal proceedings and arrest. Civil proceedings in respect of personal acts can be started only after two months’ notice.
How are emoluments shared when a person is Governor of two states?
When the same person is appointed Governor of two or more states, the emoluments and allowances are shared by the states in such proportion as the President determines. This follows the 7th Amendment arrangement of 1956.
PYQ Practice — Statement Analysis
1 The Governor’s emoluments are fixed by the state legislature.
By Parliament.
2 A Governor can be arrested during the term.
Criminal immunity.
3 Civil proceedings against the Governor need two months’ notice.
For personal acts.
4 A Governor may hold another office of profit.
Barred.
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