The Constitution of India
Article 160
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.
Why this exists
The Constitution's chapter on the Governor (Articles 153-161) sets up the office but couldn't foresee every possible gap — such as a sudden vacancy, illness, or absence of the Governor with no immediate replacement lined up. Article 160 gives the President a flexible, catch-all power to ensure the State always has someone discharging the Governor's functions, so governance doesn't grind to a halt due to an unforeseen contingency.
How courts read it
There isn't a large body of landmark Supreme Court judgments interpreting Article 160 in isolation, since it operates as a residual, gap-filling provision. Courts have generally treated it as part of the broader constitutional scheme ensuring continuity in a State's constitutional machinery, read alongside related provisions like Article 156 (Governor's term) and Article 153 (one Governor per State, or one Governor for more States than one).
Common misconceptions
- Myth: Article 160 lets the President remove a Governor whenever they want.
Fact: This Article only applies to filling gaps in an emergency or unforeseen situation — it does not give the President a general power to remove or replace a sitting, functioning Governor. - Myth: There's a fixed, named official (like a 'Deputy Governor') who automatically steps in under Article 160.
Fact: The Constitution doesn't specify who takes over; the President decides on a case-by-case basis whatever provision is fitting for that contingency.