Indian Polity
The States (Part -1)
CHAPTER I.—GENERAL
Definition.
152. In this Part, unless the context otherwise requires, the
expression “State” does not include the State of Jammu and Kashmir.
CHAPTER II.—THE EXECUTIVE
The Governor
Governors of States.
153. There shall be a Governor for each State:
Provided that nothing in this article shall prevent the appointment of the
same person as Governor for two or more States.
Executive power of State.
154. (1) The executive power of the State shall be vested in the
Governor and shall be exercised by him either directly or through officers
subordinate to him in accordance with this Constitution.
(2) Nothing in this article shall—
(a) be deemed to transfer to the Governor any functions conferred by any
existing law on any other authority; or
(b) prevent Parliament or the Legislature of the State fromconferring by
law functions on any authority subordinate to the Governor.
Appointment of Governor.
155. The Governor of a State shall be appointed by the President by
warrant under his hand and seal.
Term of office of Governor.
156. (1) The Governor shall hold office during the pleasure of the
President.
(2) The Governor may, by writing under his hand addressed to the
President, resign his office.
(3) Subject to the foregoing provisions of this article, a Governor
shall hold office for a term of five years from the date on which he enters upon
his office:
Provided that a Governor shall, notwithstanding the expiration of his term,
continue to hold office until his successor enters upon his office.
Qualifications for appointment as Governor.
157. No person shall be eligible for appointment as Governor unless he
is a citizen of India and has completed the age of thirty-five years.
Conditions of Governor’s office.
158. (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 the 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.
Oath or affirmation by the Governor.
159. Every Governor and every person discharging the
functions of the Governor shall, before entering upon his office, make and
subscribe in the presence of the Chief Justice of the High Court exercising
jurisdiction in relation to the State, or, in his absence, the senior-most Judge
of that Court available, an oath or affirmation in the following form, that is
to say—
“I, A. B., do swear in the name of God/solemnly affirm that I will
faithfully
execute the office of Governor (or discharge the functions of
the Governor) of .............(name of the State) and will to the best of my
ability preserve, protect and defend the Constitution and the law and that I
will devote myself to the service and well-being of the people of ..………(name of
the State).”
Discharge of the functions of the Governor in certain contingencies.
160. The President may make such provision as he thinks fit for the
discharge of the functions of the Governor of a State in any contingency not
provided for in this Chapter.
Power of Governor to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases.
161. The Governor of a State shall have the power to
grant pardons, reprieves, respites or remissions of punishment or to suspend,
remit or commute the sentence of any person convicted of any offence against any
law relating to a matter to which the executive power of the State extends.
Extent of executive power of State.