Maarg Manthan · Topic 21.9

Discharge of the Governor’s Functions in Certain Contingencies (Article 160)

Indian Polity › Governor · Topic 21.9

Under Article 160 the President may provide for the discharge of the Governor’s functions in unforeseen contingencies, such as the High Court Chief Justice acting on a Governor’s death, so the state never lacks a Governor.

5 min read · UPSC Prelims · Polity · Governor

At a Glance

What it is Who performs the Governor’s functions when the office is vacant or in a contingency
Article Article 160
Example Chief Justice of the High Court acting on the death of a Governor
Wider issues Sarkaria Commission on the Governor’s functioning
Exam link UPSC Prelims, Polity: Governor

Where Does It Fit?

This is the last topic of the category on the Governor. The Constitution ensures that the state never remains without a Governor, and that the office’s functions are discharged in contingencies. The topic also summarises the issues identified in the functioning of the office.

What Article 160 Provides

The President can make such provision as he or she thinks fit for the discharge of the functions of the Governor in any contingency not provided for in the Constitution. For example, on the death of a sitting Governor, the Chief Justice of the concerned state High Court may be appointed temporarily to discharge the functions of the Governor. Any person discharging the functions of the Governor also takes a similar oath or affirmation (Article 159). The underlying idea is that there must be a Governor in the state and there cannot be an interregnum, which is also why a Governor continues in office after the five-year term until the successor takes charge.

Why the Rule Exists

Article 160 completes the scheme of continuity for the state executive. The Governor is the head of the state executive, and executive action is taken in the Governor’s name, so a gap in the office would leave no one to appoint a Chief Minister, give assent to bills or promulgate ordinances. The rule that the outgoing Governor continues and the power of the President to make provision in a contingency together ensure that these functions are always capable of being performed.

Situation	Arrangement
Term expired, successor not yet appointed	The Governor continues until the successor assumes charge
Governor of two or more states	Permitted by the 7th Amendment; emoluments shared in proportion fixed by the President
Governor given additional charge of a Union territory	Acts in discretion as administrator
Contingency not provided for (e.g., death)	President makes provision; High Court Chief Justice may act
Transfer of a Governor	The President may transfer a Governor to another state for the rest of the term

Succession Compared with the President

Office	If vacant or unable to act
President	Vice-President acts; then Chief Justice of India; then seniormost Supreme Court judge
Governor	No named successor; President makes provision under Article 160, e.g., the High Court Chief Justice

The contrast is that for the President the Constitution names a chain of succession, whereas for the Governor it leaves the arrangement to the President. The office is protected from a vacuum by the rule that an outgoing Governor continues until the successor takes charge.

The Dual Role Revisited

The Constitution assigns a dual role to the Governor in the Indian federal system: the constitutional head of the state and the representative of the Centre. Appointed by the President and holding office at his pleasure, the Governor is a nominee of the Centre; yet as the Supreme Court held in Hargovind Pant, the office is an independent constitutional office. Reconciling the two roles has been the main challenge, especially in the situations where discretion is exercised.

Issues in the Governor’s Functioning (Sarkaria)

Area	Issue identified
Choosing the Chief Minister	Where no party has a majority the Governor uses discretion; the leader with the largest support should be called to form the government and prove the majority in the Assembly
Testing majority	Some relied on lists of supporters, others on physical counting of heads
Dismissing a Chief Minister	No uniform criteria; a Chief Minister cannot continue after losing the majority
Dissolving the assembly	Different approaches by different Governors when the Chief Minister had lost support
Recommending President’s Rule	Often without exhausting steps for a stable government; criticised as partisan
Reserving bills	Controversies in some cases
Nominations to the Council	Use of discretion criticised as the Governor has no discretion
Chancellor of universities	Powers exercised under statute, questioned on the premise of ministerial advice

These issues continue to be relevant. They explain why proposals for reform of the office focus on the method of appointment, security of tenure and codified norms for the exercise of discretion.

Why Is This Topic Important?

Continuity No interregnum principle
Sarkaria issues Frequently used in Mains
Link to Article 356 Governor’s report

What Came Next?

The next category covers Centre-State Relations, beginning with legislative relations.

Key People and Terms

Contingency An unforeseen situation
Interregnum Gap with no head
Article 160 Functions in contingencies
Hung assembly No party with majority
Physical counting of heads Verifying support in person

Exam Corner

Points to Remember

Article 160: President makes provision.
High Court Chief Justice may act on a Governor’s death.
Governor continues until successor takes charge.
Sarkaria listed eight issues.

Do Not Confuse With

Article 159 and 160 Oath versus contingencies
Acting Governor and President Different chains of succession
Governor and Union territory Additional charge uses discretion

Memory Hook

Never a state without a Governor: continue, transfer, or let the Chief Justice act.

Mains Angle

Questions on this topic usually ask about the Governor’s reform. Use these points to add depth.

Continuity of office Article 160
Dual role Constitutional head and agent
Discretion issues Sarkaria findings
Reform Appointment and tenure

A Question You May Face

An original practice question, not a past paper question.

“Critically examine the issues in the functioning of the Governor, and suggest reforms.”

How to Answer

Introduction Dual role.
Issues Eight areas.
Reforms Appointment and norms.
Conclusion Federal harmony.

GS Relevance

Prelims: Indian Polity, Governor. GS Paper 2: State executive.

Frequently Asked Questions

What does Article 160 provide?

Article 160 empowers the President to make provision for the discharge of the functions of the Governor in any contingency not provided for in the Constitution, for example the death of a sitting Governor, so that the state is never without a Governor.

Who acts as Governor if the Governor dies?

The President may appoint the Chief Justice of the concerned state High Court temporarily to discharge the functions of the Governor. Any such person takes a similar oath or affirmation before performing the Governor’s functions.

Can a Governor continue beyond five years?

Yes. A Governor can hold office beyond the five-year term until the successor assumes charge, because there must be a Governor in the state and there cannot be an interregnum, similar to the rule for the President.

What are the issues in the Governor’s functioning identified by the Sarkaria Commission?

The Commission identified issues in choosing the Chief Minister, testing majority, dismissing a Chief Minister, dissolving the assembly, recommending President’s Rule, reserving bills, nominating council members and acting as university chancellor. These issues are still relevant today.

Why is the office of Governor described as having a dual role?

The Governor is the constitutional head of the state with a nominal executive role, and also the representative of the Centre, appointed by the President and holding office at his pleasure, acting as the Centre’s agent in matters such as President’s Rule.

PYQ Practice — Statement Analysis

1 The Chief Justice of the High Court can act as Governor on the Governor’s death.

True

By the President’s provision.

2 A Governor must leave office immediately on completing five years.

False

Continues until successor.

3 Article 160 deals with the Governor’s pardoning power.