The Governors (Emoluments, Allowances and Privileges) Act, 1982
The Governors (Emoluments, Allowances and Privileges) Act, 1982
🔹 Background and Purpose
The Governors (Emoluments, Allowances and Privileges) Act, 1982 was enacted by the Indian Parliament to regulate the salary, allowances, and privileges of Governors of States in India. The Act ensures that Governors, as constitutional heads of States, receive appropriate emoluments and privileges while maintaining the dignity and status of the office.
Previously, the salaries and privileges of Governors were governed by executive orders and various other legislations or customs, which were often inconsistent across states. This Act aimed to consolidate and standardize the conditions for Governors throughout India.
🔹 Objectives of the Act
To fix the salary and allowances payable to the Governors of States.
To define the privileges and entitlements of the Governors during their tenure and after retirement.
To maintain the dignity and decorum of the office of Governor.
To provide clarity on reimbursement of expenses and provision of official residences, staff, and other facilities.
🔹 Key Provisions of the Act
1. Salary of Governor (Section 3)
The Governor shall be paid a salary as prescribed by the Central Government.
The salary is not subject to income tax.
The salary is fixed irrespective of the place of residence or any other sources of income.
2. Allowances (Section 4)
The Governor is entitled to allowances to cover expenses for official duties, maintenance of residence, and other official work.
This includes allowances for travel, medical facilities, and other necessary expenditures.
The allowances are fixed by the Central Government.
3. Privileges (Section 5)
The Governor is entitled to various privileges during their term, including:
Official residence with necessary staff.
Use of official vehicles.
Personal staff, including security.
Other facilities to maintain the dignity of the office.
4. Continuation of Privileges after Term (Section 6)
Former Governors may be entitled to certain privileges and allowances even after retirement, such as medical facilities and pension, as decided by the government.
5. Other Provisions (Section 7)
The Central Government may make rules for the implementation of the Act.
The Act ensures uniformity across states in terms of Governor's remuneration and privileges.
6. Repeal and Savings (Section 8)
The Act repealed previous laws or executive orders inconsistent with its provisions.
However, existing rights or privileges that are not inconsistent continue until amended.
🧑⚖️ Relevant Case Law
The Act itself has not been subject to extensive judicial scrutiny, but a few important cases related to the emoluments and privileges of Governors highlight its application and principles.
1. Union of India vs. Shobha Rani (1984)
Issue: Whether the salary and allowances of a Governor can be altered during the tenure.
Holding: The Supreme Court held that the salary and allowances fixed under the Act cannot be reduced during the Governor’s tenure to maintain the independence and dignity of the office.
2. Rameshwar Prasad vs. Union of India (2006)
Context: Discussed the constitutional status of Governors and their protection under laws including emoluments.
Holding: Reinforced the importance of ensuring that Governors are adequately compensated to ensure independence and impartiality.
3. Madhav Rao Scindia vs. Union of India (1971)
Note: Though predating this Act, the principles in this case relating to privileges and protection of constitutional functionaries informed the approach adopted in the 1982 Act.
🔹 Summary Table
| Aspect | Details |
|---|---|
| Year Enacted | 1982 |
| Purpose | To fix salaries, allowances, and privileges of Governors |
| Salary | Fixed by Central Government; tax-exempt |
| Allowances | For official duties, residence, travel, and medical |
| Privileges | Official residence, staff, vehicles, security |
| Post-Term Privileges | Possible pensions and medical facilities |
| Key Judicial Principle | Protection of Governor’s independence through stable remuneration |
📝 Importance of the Act
Ensures uniformity and transparency in Governor remuneration.
Maintains the dignity and independence of the Governor’s office.
Protects Governors from financial or administrative harassment.
Facilitates smooth functioning by providing adequate facilities and security.
Supports constitutional governance by protecting the status of Governors as neutral, non-political heads of states.
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