HARGOVIND PANT versus DR. RAGHUKUL TILAK & ORS.

Citation: [1979] 3 S.C.R. 972 · Decided: 04-05-1979 · Supreme Court of India · Bench: Y.V. CHANDRACHUD · Disposal: Rejected

Cited by 1 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

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HARGOVIND PANT 
v. 
DR. RAGHUKUL TILAK & ORS. 
May 4, 1979 
[Y. V. CIIANDRACHUD, C.J., P. N. BHAGWATI, N. L. UNTWAU,I, 
S. MURTAZA FAZAL ALI AND R. S. PATHAK, JJ.] 
Constitution of India, 1950-Art. 
319(d)-Scope 
of-G<>Vernor-11 an 
"t'niployee" of the Governn1ent of J11dia-If could be regarded as "fmployed 
under the Government of India"-Employed-Meaning of. 
Article 319fd) of the Constitution provides that on ceasing to hold otliet: 
a 
member, other than the Chairman of a State Public Service c·ommission, shall 
be eligible for appointment as the Chairman or any other member of the Union 
Public Service Commission or as the Chairman of that or any other State Public 
Service Commission but not for any other employment either under the 
Go'J-
ernment of India or under the Government of a State. 
The first respondent, who we.s a member of the Rajasthan State Public Ser-
vice· Commission during the years 1958-59, was later appointed as Governor of 
the State of Rajasthan. The petitioner contended that by virtue of Art. 319 ( d) 
of the Constitution the respondent was ineligible to be appointed as Governor 
of a State because he W&S a member of' the State Public Service Commission 
earlier. 
On the question whether, by reason of Art. 319 (d) the respondent was 
ineligible for employment either under the Government of India or under the 
Government of a State and whether the office of Governor was an employn1ent 
under the Government of India. 
HELD : 1. The office of Governor of a State is not an employment under 
tho Government of India and it does not therefore come with.in the prohibition 
of cl.(d) of Art. 319. The appointment of the first respondent as 
Governor 
of Raiasthan could not be held to be invalid. [982 F). 
2. Howsoever wide and expansive a meaning one may give to 
the 
words 
"employment under the Government of India" the office of Governor cannot 
come within that term. [978 F). 
3. The word "employment" is not a word with a. single fixed meaning bur 
bas many connotations. If the term 0 employment" is construed in the narrow 
senile of employer employee relationship the office of Gove1nor would not be 
an employment within the meaning of Art. 319(d) because 1he Governor of a 
State is not an employee or servant of anyone. He occupie:s a high constitu-
tional office with important constitutional functions and duHes. The executjve 
power of the State is vested in him and every executive action of the Govern-
ment is required to be expressed to be taken in his name. lie 
con~titutes an 
integral part of the legislature of the State though not in the ful1est sense and is 
also vested with the legislative power to promulgate ordinances while the Ho:1ses 
of the Legislature are not in session. He also exercises the sovereign power to 
grant pardons, reprieves, respite etc. He is vested with the power to summon 
(972) 
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HARGOVIND v. R. TILAK 
973 
each House of the Legislature, or to prorogue either House or to dissolve the 
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legislative assembly and this power may be exercised by him from time to time. 
No bill passed by the Houses of the Legislature can become law untes., it is 
a&sented to by him and before assenting to the bill he may return the bill, (pro-
vided it is not a money bill) to the Houses of Legislature for reconsideration. 
He has the power to reserve for consideration of the President any bill which 
in. his opinion would, if it became law, so derogate from the powers of the 
High Court as to endanger the position which that Court is by the ConstitutioR 
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designed to fill. Another important function of his is to make a report to the 
President where he finds that a situation bas arisen in which the Government of 
a State cannot be carried on in accordance with the provisions of the Constitu-
tion. It is the Governor's report which generaily forms the basis for the Presi-
dent taking action under Art. 356, of the Constitution. These powers and func· 
tions of the Governor make it clear that he is not an employee·or servant in any 
sense of the term. [978 H; 979 A-B]. 
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4. Though the Governor is appointed by the President, which means in effect 
and substance the Government of India, it does not make him an employee or 
servant of the Government of India. Every person appointed by the President 
is not necessarily an employee of the Government of India. [979 G]. 
5. The fact that the Governor holds office during the pleasure of the PrC8i

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