सं Samvidhan

The Constitution of India

Article 153

Governors of States

Why this exists

The Constitution creates the office of Governor as the nominal head of each state, similar to how the President is head of the Union. The proviso was added to give flexibility: since Governors are appointed (not elected) and their role is largely ceremonial with limited discretionary powers, it made administrative sense to allow one person to hold charge of multiple states when needed, especially in emergencies, vacancies, or for smaller states, without requiring the Constitution to be amended each time.

How courts read it

Courts have not extensively litigated this specific provision, since it is a straightforward administrative rule. However, judgments like B.P. Singhal v. Union of India (2010) have discussed the Governor's office more broadly, clarifying that Governors hold office at the pleasure of the President but cannot be removed arbitrarily. The dual-charge proviso itself has mainly been used in practice rather than contested in major litigation.

Common misconceptions
  • Myth: Each state must always have its own separate, unique Governor who cannot serve elsewhere.
    Fact: The Constitution explicitly allows the same person to be Governor of two or more states simultaneously, as stated in the proviso to Article 153.