सं Samvidhan

The Constitution of India

Article 160

Discharge of the functions of the Governor in certain contingencies

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.