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The Constitution, Made Understandable.

Article 158

Conditions of Governor's Office

Official heading: “Conditions of Governor's office.”

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Source edition
The Constitution of India (as on 1 May 2026)
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Part VI, Article 158, printed page 71
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1. In One Sentence

Article 158 sets the institutional conditions of the Governor's office, barring legislative membership and offices of profit, while protecting emoluments and allowances from diminution.

2. What It Means in Everyday Language

Article 158 secures the independence and impartiality of the gubernatorial office by isolating it from conflicting loyalties and executive pressures.

Under Clause (1), the Governor cannot be a member of either House of Parliament or of any State Legislature. If an MP or MLA is appointed Governor, their seat automatically falls vacant on the date they assume office.

Clause (2) prohibits the Governor from holding any other office of profit. Clause (3) guarantees official residences (Raj Bhavan) without rent and such emoluments, allowances, and privileges as Parliament may determine by law.

Crucially, Clause (4) mandates that the emoluments and allowances of the Governor shall not be diminished during their term of office, safeguarding constitutional autonomy.

3. Practical Illustrative Example

Everyday Scenario:

A State legislature experiences fiscal austerity and passes a bill proposing to reduce the sitting Governor's monthly salary.

Core takeaway: Under Article 158(4), a Governor's emoluments and allowances cannot be reduced during their term of office.
Illustrative Notice: Parliament sets the baseline emoluments for Governors nationally by law under the Governors (Emoluments, Allowances and Privileges) Act, 1982.

4. Important Limits, Qualifications & Exceptions

Article 158 establishes strict constitutional boundaries and financial protections for the Governor.

  • Ban on dual legislative membership: Automatic vacation of legislative seats.
  • Prohibition against offices of profit.
  • Rent-free official residence and parliamentary-sanctioned emoluments.
  • Non-diminution guarantee: Emoluments protected throughout the tenure.
  • Apportionment for common Governor: Proviso to Clause (3A) allocates expenses among concerned States.

5. Operative Constitutional Text

(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 eith er 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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 158, printed page 71 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

Related Constitutional Articles to Explore:

Go to ARTICLE 59 →Go to ARTICLE 153 →Go to ARTICLE 157 →