As per article 158, the Governor shall NOT be a member of either House of Parliament or of a House of the Legislature of any State specified in ________ Schedule.
- (a)Seventh
- (b)Third
- (c)Fifth
- (d)First
Answer
Why
Correct — D. Article 158 requires that 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 — option (d).
The First Schedule is where the Constitution lists the States and Union Territories, so naming it is the drafting way of saying any State of the Union.
The rest of Article 158 bars the Governor from any other office of profit and gives the office a rent-free official residence.
Why the others are wrong
- (a)Seventh — The Seventh Schedule carries the three legislative lists — Union, State and Concurrent — and divides subjects between the Centre and the States. It says nothing about who may hold office.
- (b)Third — The Third Schedule holds the forms of oath or affirmation for ministers, legislators, judges and the CAG. It governs swearing in, not eligibility.
- (c)Fifth — The Fifth Schedule covers the administration of Scheduled Areas and Scheduled Tribes in States other than those under the Sixth Schedule. The Governor has real powers under it, which is what makes it tempting.
Concept
Article 158 states the conditions of the Governor's office, and the phrase specified in the First Schedule is the Constitution's standard way of referring to the States.
The Article does three things. It bars the Governor from sitting in any legislature, it bars any other office of profit, and it fixes emoluments together with a rent-free official residence.
If a sitting member of Parliament or of a State legislature is appointed Governor, the seat is deemed vacated on the date the Governor enters office.
Nothing in the wording hints at the answer. It can be settled only by knowing which list sits in which Schedule, so the Schedules are worth learning as a set.
Key facts
- Article 158 says the Governor shall not be a member of Parliament or of a State legislature specified in the First Schedule.
- The First Schedule lists the States and Union Territories of India.
- The Third Schedule contains the forms of oath or affirmation.
- The Seventh Schedule contains the Union, State and Concurrent Lists.
Study next
Common traps
- Answering with the Seventh Schedule, which divides subjects but says nothing about the Governor.
- Reading in the Fifth Schedule because the Governor does exercise powers under it.
Constitution items give the Article and ask for the Schedule, or give the description and ask for the Article. Article-number recall is asked at 24 Sep 2024, 12:30, GA Q.2 (which Article mentions the CAG) and at 9 Sep 2024, 12:30, GA Q.18 (Article 257).
Related PYQs
No directly related past PYQ was found.