What are conditions of office of the Governor?
Q. Which of the following is/are true regarding conditions of office of the Governor?
1) For Governor of two states the emoluments are divided amongst the states as decided by the President.
2) Governor, during his term, cannot be arrested or imprisonment for criminal proceedings.
3) The oath of office to the Governor is administered by the Chief Justice of the concerned State High Court.- Published on 06 Mar 17a. 1, 3
b. 1, 2
c. 2, 3
d. All of the above
ANSWER: All of the above
Constitution lays down the following conditions for the Governor’s office -
(a) 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.
(b) 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.
(c) The Governor shall not hold any other office of profit.
(d) The Governor shall be entitled without payment of rent to the use of his official residences (Raj Bhavan).
(e) He shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and emoluments, allowances and privileges as are specified in the Second Schedule.
(f) 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.
(g) The emoluments and allowances of the Governor shall not be diminished during his term of office.
- The governor enjoys personal immunity from legal liability for his official acts.
- During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts.
- He cannot be arrested or imprisoned.
- But civil proceedings can be initiated after giving two months’ notice, during his term of office in respect of his personal acts.
- Before entering upon his office, the Governor has to make and subscribe to an oath or affirmation.
- The oath of office to the Governor is administered by the Chief Justice of the concerned State High Court.
- In his absence, the senior-most judge of that court (who is available).
- Every person discharging the functions of the Governor also undertakes the similar oath or affirmation.
