Article 160 of the Costitution of India with Case law
Here is a comprehensive explanation of Article 160 of the Constitution of India, including its text, meaning, implications, and important case law.
🧾 Article 160 – Discharge of the Functions of the Governor in Certain Contingencies
🔹 Text of Article 160:
“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.”
📌 Meaning and Scope of Article 160
✅ Key Features:
| Feature | Explanation |
|---|---|
| Purpose | Enables the President of India to make arrangements for the functioning of the Governor in special or unforeseen situations. |
| Contingency | Situations not already provided for under the Constitution (e.g., sudden absence, vacancy, illness of a Governor, etc.) |
| Discretionary Power | It gives residuary powers to the President in exceptional or unanticipated cases. |
🧩 Examples of Use
If a Governor resigns or is incapacitated and no new Governor has taken charge, the President may appoint a temporary arrangement, such as giving additional charge to another Governor.
This article is rarely invoked directly, but used to justify administrative continuity in exceptional situations.
⚖️ Important Case Law Involving Article 160
1. Samsher Singh v. State of Punjab (1974) 2 SCC 831
Key Issue: Whether the Governor acts on his own discretion or as advised by the Council of Ministers.
Relevance to Article 160: The case clarified that even when Article 160 is invoked, the Governor (or acting Governor) must function in accordance with constitutional limits and aid and advice of ministers applies.
2. Hargovind Pant v. Raghukul Tilak, AIR 1979 SC 1109
Facts: A petition challenging the appointment of a retired civil servant as Governor.
Observation: Though not directly invoking Article 160, the case supports the principle that temporary or contingency appointments (like under Article 160) must respect the spirit of constitutional office.
3. Rameshwar Prasad v. Union of India (2006) 2 SCC 1
Though primarily a case on Article 356, the judgment refers to the role of Governors and the importance of impartiality, indirectly relating to the use of Articles like 160 when appointing acting or additional Governors.
🔁 Practical Usage
Article 160 has been used in practice to:
Allow one Governor to hold additional charge of another state (common in interregnum periods).
Temporarily fill in gaps in the Governor’s office due to resignation, death, or delay in new appointments.
Example:
In 2021, the Governor of Maharashtra was given additional charge of Goa under such temporary provisions.
✅ Summary Table
| Aspect | Description |
|---|---|
| Article | 160 |
| Subject | Discharge of Governor’s functions in unforeseen contingencies |
| Power Held By | President of India |
| Type of Power | Residuary, discretionary, to ensure continuity |
| Used For | Appointing temporary or acting Governors |
| Relevant Case Law | Samsher Singh, Hargovind Pant, Rameshwar Prasad |
| Common Practice | Additional charge of a Governor given to another state’s Governor |
RELATED Blog
0 comments