Governor & State Legislature — Set 1

Correct Answer: B. President of India

Under Article 155, the Governor of a state is appointed by the President of India by warrant under his hand and seal. The Governor holds office during the pleasure of the President under Article 156. The Governor functions as the constitutional head of the state and as a link between the Centre and state.

Correct Answer: C. 35 years

Under Article 157, a person must be a citizen of India and must have completed the age of 35 years to be eligible for appointment as Governor. The Governor must not be a member of the Legislature of any state or of Parliament. If a member, his seat shall become vacant on appointment as Governor.

Correct Answer: C. 5 years

Under Article 156, the Governor holds office for a term of five years from the date on which he enters upon his office. However, the Governor continues to hold office until his successor enters upon his office. He can be removed before five years as he holds office at the pleasure of the President.

Correct Answer: B. Article 161

Article 161 empowers the Governor to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends. This is the state-level equivalent of the President's pardon power under Article 72. The Governor acts as the constitutional head of the state and is appointed by the President of India.

Correct Answer: B. Power to assent or withhold assent to Bills

Under Article 200, when a bill is passed by the State Legislature and presented to the Governor, the Governor may: (a) give assent, (b) withhold assent, (c) return the bill (other than Money Bill) for reconsideration, or (d) reserve the bill for the President's consideration. If the Legislature passes the bill again, the Governor cannot withhold assent the second time (except for reserved bills). The Governor acts as the constitutional head of the state and is appointed by the President of India.

Correct Answer: B. Annual Financial Statement of the State

Article 202 requires the Governor to cause to be laid before the House or Houses of the State Legislature, for each financial year, the Annual Financial Statement showing estimated receipts and expenditure of the state — the State Budget. No demand for grants can be made except on the recommendation of the Governor. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: B. Fundamental Rights enforcement

Article 12 defines 'State' to determine against whom Fundamental Rights can be enforced. It includes the Government of India, Parliament, state governments, local bodies, and other authorities. The broad definition ensures Fundamental Rights can be enforced against all government entities. This is the gateway article for Part III of the Constitution.

Correct Answer: D. In states where Parliament has created it under Article 169

Under Article 169, Parliament may by law provide for the creation or abolition of a Legislative Council in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority. Currently, only 6 states have Vidhan Parishads: Uttar Pradesh, Maharashtra, Karnataka, Bihar, Andhra Pradesh, and Telangana. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: C. Article 32

Article 32 guarantees the Right to Constitutional Remedies, which allows citizens to directly approach the Supreme Court for enforcement of Fundamental Rights. Dr. B.R. Ambedkar called it the 'heart and soul of the Constitution.' The Supreme Court can issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto. This right itself is a Fundamental Right and cannot be suspended except during National Emergency.

Correct Answer: A. Reasonable classification

Article 14 guarantees equality before law (negative concept from English law) and equal protection of laws (positive concept from US Constitution). The Supreme Court has held that Article 14 permits reasonable classification but prohibits arbitrary classification. The doctrine of reasonable classification allows different treatment for persons who are not similarly situated. The twin tests are: intelligible differentia and rational nexus with the object.