PART VI
THE STATES
CHAPTER I.—GENERAL
152. Definition.—In this Part, unless the context otherwise requires, the expression “State” 5
CHAPTER II.—THE EXECUTIVE
The Governor
153. Governors of States.—There shall be a Governor for each State: Provided that nothing in this article shall prevent the appointment of the same person as Governor for
two or more States.
154. Executive power of State.—
(1) The executive power of the State shall be vested in the Governor
and shall be exercised by him either directly or through officers subordinate to him in accordance with this
Constitution.
(2) Nothing in this article shall—
(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or
(b) prevent Parliament or the Legislature of the State from conferring by law functions on any
authority subordinate to the Governor.
155. Appointment of Governor.—The Governor of a State shall be appointed by the President by
warrant under his hand and seal.
156. Term of office of Governor.—
(1) The Governor shall hold office during the pleasure of the
President.
(2) The Governor may, by writing under his hand addressed to the President, resign his office.
(3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five
years from the date on which he enters upon his office:
Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until
his successor enters upon his office.
157. Qualifications for appointment as Governor.—No person shall be eligible for appointment as
Governor unless he is a citizen of India and has completed the age of thirty-five years.
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.
159. Oath or affirmation by the Governor.—
Every Governor and every person discharging the
functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the
Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior
most Judge of that Court available, an oath or affirmation in the following form, that is to say—
“I, A. B., do swear in the name of God that I will faithfully execute the
solemnly affirm
office of Governor (or discharge the functions of the Governor) of .........(name of the State) and will to the
best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to
the service and well-being of the people of ..……(name of the State).”.
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.
161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in
certain cases.—The Governor of a State shall have the power to grant pardons, reprieves, respites or
remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any
offence against any law relating to a matter to which the executive power of the State extends.
162. Extent of executive power of State.—Subject to the provisions of this Constitution, the executive
power of a State shall extend to the matters with respect to which the Legislature of the State has power to
make laws:
Provided that in any matter with respect to which the Legislature of a State and Parliament have power
to make laws, the executive power of the State shall be subject to, and limited by, the executive power
expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities
thereof.