Article 152-162 Indian Constitution 1949
Article 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, and 162 of the Constitution of India 1949 are under Chapter I (GENERAL) and Chapter II (THE EXECUTIVE) of Part VI of the Constitution. Part VI is titled ‘THE STATES’.
Article 152 Indian Constitution 1949
Definition
In this Part, unless the context otherwise requires, the expression “State” [does not include the State of Jammu and Kashmir.
Article 153 Indian Constitution 1949
Governors of States
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.]
CHAPTER II.—THE EXECUTIVE
The Governor
Article 154 Indian Constitution 1949
Executive power of State
(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 from conferring by law functions on any authority subordinate to the Governor.
Article 155 Indian Constitution 1949
Appointment of Governor
The Governor of a State shall be appointed by the President by
warrant under his hand and seal.
Article 156 Indian Constitution 1949
Term of office of Governor
(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.
Article 157 Indian Constitution 1949
Qualifications for appointment as Governor
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.
Article 158 Indian Constitution 1949
Conditions of Governor’s 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 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.
Article 159 Indian Constitution 1949
Oath or affirmation by the Governor
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).”.
Article 160 Indian Constitution 1949
Discharge of the functions of the Governor in certain contingencies
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.
Article 161 Indian Constitution 1949
Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
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.
Article 162 Indian Constitution 1949
Extent of executive power of State
Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to
make laws:
Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof.
See also:
Article 163-167 Indian Constitution 1949 (Council of Ministers, The Advocate-General for the State, Conduct of Government Business)
