Governor and the State Executive: Articles and Powers

The correct answer is B, Karnataka. Article 168 says a State legislature consists of the Governor and either one House or two Houses. Where there are two, the upper House is the Legislative Council or Vidhan Parishad, and Karnataka is one of the few States that has kept it. Article 169 allows Parliament to create or abolish a Council if the Legislative Assembly of that State passes a resolution by a special majority, which is why the list of such States is short and changes only by law. Option A, Jharkhand, has only a Legislative Assembly; so does option C, Odisha, although proposals for a Council have been discussed there; and option D, Gujarat, also has a single House. Under Article 171 one-sixth of a Council is nominated by the Governor from persons distinguished in literature, science, art, the cooperative movement and social service, which is the link between this chapter and the State Executive.

The correct answer is D, all four. A bicameral State legislature has a Legislative Assembly and a Legislative Council, and Andhra Pradesh, Telangana, Bihar and Uttar Pradesh each have both Houses. Options A, B and C are wrong because each of them leaves out a State that does have a Council. Bihar has had a Council since before independence and Uttar Pradesh is the largest of the bicameral States; Andhra Pradesh revived its Council by an Act of Parliament, and Telangana received one when it was carved out of Andhra Pradesh in 2014. The Governor is central to this arrangement: under Article 168 he is part of the legislature, under Article 171 he nominates one-sixth of the Council, and under Article 169 no Council can be created or abolished unless the Assembly passes a special-majority resolution and Parliament then makes a law.

The correct answer is C, Article 155. It provides that the Governor of a State shall be appointed by the President by warrant under his hand and seal. This single line settles two facts examiners like: the office is filled by appointment and not by any kind of election, and the appointing authority is the President, acting on the advice of the Union Council of Ministers. Option A, Article 153, only says that there shall be a Governor for each State, with a proviso added by the Seventh Amendment of 1956 allowing one person to be Governor of two or more States. Option B, Article 154, vests the executive power of the State in the Governor, to be exercised by him directly or through subordinate officers. Option D, Article 156, deals with the term: five years, but held during the pleasure of the President, with the resignation addressed to the President.

The correct answer is C, 35 years. Article 157 lays down only two qualifications for the office: the person must be a citizen of India and must have completed thirty-five years of age. The same age is prescribed for the President under Article 58, which is why the two are easy to remember together. Option A, 25 years, is the minimum age for membership of a State Legislative Assembly and of the Lok Sabha. Option B, 30 years, is the minimum age for membership of the Rajya Sabha and of a State Legislative Council. Option D, 40 years, is not an age qualification anywhere in the Constitution for these offices. Article 158 adds the conditions of office: the Governor cannot be a member of Parliament or of a State legislature, cannot hold any other office of profit, and his emoluments are charged on the Consolidated Fund of the State.

The correct answer is C, the Chief Justice of the High Court of that State. Article 159 says the oath of office is administered by the Chief Justice of the High Court exercising jurisdiction in relation to the State, and in his absence by the senior-most judge of that Court available. Option A is wrong because the President appoints the Governor under Article 155 but does not administer the oath. Option B is a common trap: the Chief Justice of India administers the oath to the President under Article 60, not to a Governor. Option D is wrong because the Chief Minister himself takes the oath from the Governor under Article 164, so the sequence runs the other way. Remember the pairing: Chief Justice of India for the President, Chief Justice of the High Court for the Governor, and the Governor for the Chief Minister and other Ministers.

The correct answer is A, pardon. Article 161 gives the Governor power to grant pardons, reprieves, respites and remissions of punishment, and to suspend, remit or commute a sentence, in cases relating to matters to which the executive power of the State extends. The settled reading is that the power to pardon a death sentence rests with the President under Article 72 and not with the Governor. Options B, C and D are all available to him even where the sentence is one of death: commutation under option B substitutes a lighter punishment, such as life imprisonment for death; remission under option C reduces the quantum of the sentence without changing its character; and a reprieve under option D stays the execution for a period, typically so that the convict can seek mercy elsewhere. Two further limits are worth memorising: the Governor has no power at all over sentences passed by a court martial, and that power too belongs to the President.

The correct answer is C, the 91st Amendment, 2003. It inserted Article 164(1A), under which the total number of Ministers in a State, including the Chief Minister, shall not exceed fifteen per cent of the total number of members of the Legislative Assembly, subject to a floor of twelve Ministers. The same amendment placed a similar cap on the Union Council of Ministers through Article 75(1A) and tightened the anti-defection law. Option A, the 42nd Amendment of 1976, made the ministerial advice binding on the President and added words to the Preamble, but set no such ceiling. Option B, the 73rd Amendment of 1992, gave constitutional status to Panchayati Raj institutions. Option D, the 97th Amendment of 2011, dealt with cooperative societies. The purpose of the fifteen per cent rule was to stop oversized ministries built to keep legislators loyal.

The correct answer is B, Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha. The proviso to Article 164(1) requires these States to have a Minister in charge of tribal welfare, who may also be in charge of the welfare of the Scheduled Castes and backward classes or any other work. The list originally named Bihar, Madhya Pradesh and Odisha; when Jharkhand and Chhattisgarh were created in 2000 the proviso was amended, and Bihar was later dropped from it. Option A names States whose tribal areas are administered under the Sixth Schedule, where the Governor has special responsibilities, but that is a different provision. Option C names States covered by special provisions in Part XXI, such as Article 371A for Nagaland. Option D has no such requirement in the Constitution. Examiners often pair this proviso with Article 164(1A) and with Article 164(4), under which a Minister who is not a member of the legislature for six consecutive months ceases to be a Minister.

The correct answer is C, Article 213. It allows the Governor to promulgate an Ordinance when the State legislature, or either House where there are two, is not in session and he is satisfied that circumstances exist which make immediate action necessary. Such an Ordinance has the same force as an Act of the legislature but must be laid before the House when it reassembles, and it ceases to operate six weeks from that date unless approved earlier. Option A, Article 123, is the matching power of the President at the Union level, and swapping the two numbers is the commonest error in this question. Option B, Article 200, is about assent to Bills, where the Governor may assent, withhold assent, return a Bill that is not a Money Bill, or reserve it for the President. Option D, Article 356, deals with President’s Rule, which follows a report from the Governor.

The correct answer is C, Article 165. The Governor appoints as Advocate General a person qualified to be appointed a judge of a High Court; the Advocate General advises the State Government on legal matters, holds office during the pleasure of the Governor, and receives such remuneration as the Governor determines. Article 177 gives him the right to speak in and take part in the proceedings of either House of the State legislature, though he cannot vote. Option A, Article 76, is the corresponding provision for the Attorney General of India, who is appointed by the President and must be qualified to be a judge of the Supreme Court. Option B, Article 163, provides for the Council of Ministers to aid and advise the Governor except where he acts in his discretion. Option D, Article 167, lists the duties of the Chief Minister to furnish information to the Governor about administration and legislative proposals.