The Constitution of India
Article 158
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.
Why this exists
The framers wanted the Governor's office to be independent, dignified, and free from conflicts of interest, similar to protections given to judges. Barring Governors from holding legislative seats or other paid jobs ensures they don't owe loyalty to a party bench or an employer. Guaranteeing housing and fixed pay (that can't be cut mid-term) insulates the Governor from financial pressure or political retaliation by the government of the day, reinforcing the office's neutrality as the President's representative in the states.
How courts read it
There isn't a large body of landmark case law specifically interpreting Article 158's clauses, since disputes over Governors have more often centered on Articles 154, 163, and 200 (discretionary powers) rather than these service-condition provisions. Courts have generally treated Article 158 as administrative machinery ensuring the Governor's independence, without major reinterpretation of its plain text.
Common misconceptions
- Myth: A Governor who was an MP or MLA must formally resign their seat before becoming Governor.
Fact: Article 158(1) says the seat is automatically deemed vacated the moment they enter office as Governor — no separate resignation is required. - Myth: The Governor's salary is fixed permanently by the Constitution and can never change.
Fact: Article 158(3) allows Parliament to set emoluments and allowances by law; the Second Schedule only applies as a default until Parliament legislates. - Myth: A Governor can accept honorary advisory roles or board positions since they aren't 'jobs.'
Fact: Article 158(2) broadly bars holding any other office of profit, which can include such positions depending on their nature.