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Article 152-162 Indian Constitution 1949 (with amendments)

Preamble Article 1-4 (THE UNION AND ITS TERRITORY) Article 5-11 (CITIZENSHIP) Article 12-13 (General) Article 14-18 (Right to Equality) Article 19-22 (Right to Freedom) Article 23-24 (Right against Exploitation) Article 25-28 (Right to Freedom of Religion) Article 29-31 (Cultural and Educational Rights) Article 31A-31D (Saving of Certain Laws) Article 32-35 (Right to Constitutional Remedies) Article 36-43B Article 44-51 Article 51A (Fundamental duties) Article 52-61 Article 62-71 Article 72-78 Article 79-88 Article 89-98 (Officers of Parliament) Article 99-100 (Conduct of Business) Article 101-104 (Disqualifications of Members) Article 105-106 (Powers, Privileges and Immunities of Parliament and its Member) Article 107-111 (Legislative Procedure) Article 112-117 (Procedure in Financial Matters) Article 118-122 (Procedure Generally) Article 123 (Power of President to promulgate Ordinances during recess of Parliament) Article 124-131A Article 132-139A Article 140-147 Article 148-151 (COMPTROLLER AND AUDITOR-GENERAL OF INDIA) Article 152-162 Article 163-167 Article 168-177 (THE STATE LEGISLATURE – General) Article 178-187 (Officers of the State Legislature) Article 188-195 Article 196-201 (Legislative Procedure) Article 202-207 (Procedure in Financial Matters) Article 208-212 (Procedure Generally ) Article 213 (Power of Governor to promulgate Ordinances during recess of Legislature) Article 214-223 Article 224-232 Article 233-237 (SUBORDINATE COURTS ) Article 238-242 Article 243-243G Article 243H-243O Article 243P-243Y Article 243Z-243ZG Article 243ZH-243ZT Article 244-244A (THE SCHEDULED AND TRIBAL AREAS) Article 245-255 (Distribution of Legislative Powers) Article 256-263 Article 264-267 (FINANCE – General) Article 268-281 (Distribution of Revenues between the Union and the States) Article 282-291 (Miscellaneous financial provisions) Article 292-293 (BORROWING) Article 294-300 (Miscellaneous financial provisions) Article 300A-307 Article 308-314 Article 315-323 Article 323A-329A (TRIBUNALS) Article 330-336 (Miscellaneous financial provisions) Article 337-342A (Miscellaneous financial provisions) Article 343-351 (OFFICIAL LANGUAGE) Article 352-360 (EMERGENCY PROVISIONS) Article 361-367 (MISCELLANEOUS) Article 368-371J Article 372-392 Article 393-395 First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule Eighth Schedule Ninth Schedule Tenth Schedule Eleventh Schedule Twelfth Schedule

Article 152-162 Indian Constitution 1949

Article 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, and 162 of the Constitution of India 1949 are under Chapter I (GENERAL) and Chapter II (THE EXECUTIVE) of Part VI of the Constitution. Part VI is titled ‘THE STATES’.

Article 152 Indian Constitution 1949

Definition

In this Part, unless the context otherwise requires, the expression “State” [does not include the State of Jammu and Kashmir.

See also  Article 308-314 Indian Constitution 1949 (with amendments)

Article 153 Indian Constitution 1949

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.]

CHAPTER II.—THE EXECUTIVE
The Governor

Article 154 Indian Constitution 1949

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.

Article 155 Indian Constitution 1949

Appointment of Governor

The Governor of a State shall be appointed by the President by
warrant under his hand and seal.

Article 156 Indian Constitution 1949

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.

Article 157 Indian Constitution 1949

Qualifications for appointment as Governor

See also  Article 214-223 Indian Constitution 1949 (with amendments)

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.

Article 158 Indian Constitution 1949

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.

Article 159 Indian Constitution 1949

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 (solemnly affirm) that I will faithfully execute the 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).”.

See also  Article 14-18 Indian Constitution 1949 (with amendments)

Article 160 Indian Constitution 1949

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.

Article 161 Indian Constitution 1949

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.

Article 162 Indian Constitution 1949

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.


See also:

Article 163-167 Indian Constitution 1949 (Council of Ministers, The Advocate-General for the State, Conduct of Government Business)

Article 148-151 Indian Constitution 1949

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