Articles 156, 157 and 158 of the Constitution of India: Governor's Term, Qualifications and Conditions of Office

Articles 156, 157 and 158 form part of Part VI, Chapter II of the Constitution of India and deal with three basic aspects of the constitutional office of a State Governor: the term of office, eligibility for appointment, and the conditions attached to holding the office.

Legal text and explanation reviewed with reference to the official Constitution of India sources available in September 2026.

At a glance
  • Article 156: The Governor holds office during the pleasure of the President, may resign to the President, ordinarily has a five-year term, and continues until a successor enters office.
  • Article 157: A person must be an Indian citizen and at least 35 years old to be eligible for appointment as Governor.
  • Article 158: It prescribes conditions concerning legislative membership, offices of profit, official residence, emoluments, allowances and privileges.

Article 156 - Term of office of Governor

Meaning: Article 156 explains how long a Governor remains in office. The constitutional five-year period is expressly subject to the earlier clauses of the Article, including the rule that the Governor holds office during the pleasure of the President.

(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.

Important: The continuation-until-successor provision is a proviso to Article 156(3). It is not a separate clause (4).

Article 157 - Qualifications for appointment as Governor

Meaning: Article 157 states the minimum constitutional eligibility requirements 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.

Accordingly, the Constitution specifies two qualifications in Article 157: Indian citizenship and completion of 35 years of age.

Article 158 - Conditions of Governor's office

Meaning: Article 158 sets out constitutional conditions intended to separate the office of Governor from membership of Parliament or a State Legislature and from any other office of profit. It also deals with the Governor's official residence, emoluments, allowances and privileges.

(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 also be 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.

Clause (3A) was inserted by the Constitution (Seventh Amendment) Act, 1956. It addresses the financial arrangement where one person serves as Governor of two or more States.

How Articles 156, 157 and 158 work together

These provisions deal with different stages and conditions of the same constitutional office. Article 157 determines who is constitutionally eligible for appointment. Article 156 governs the duration and cessation of the Governor's tenure. Article 158 regulates important conditions that apply while the Governor holds office.

They should also be read with the surrounding provisions, particularly Articles 152 to 155 on the Governor and appointment of the Governor and Articles 159 and 160 on oath and discharge of functions in contingencies.

Official legal sources: The current constitutional text may be verified from the India Code portal and the Legislative Department, Ministry of Law and Justice.