Governor & State Legislature — Set 10
Constitution Special · राज्यपाल और राज्य विधानमंडल · Questions 91–100 of 160
Which article deals with the privileges of members in relation to publication of proceedings of state legislature?
Correct Answer: B. Article 194
Article 194 deals with powers, privileges, and immunities of state legislature members and of the Houses. It includes that no person shall be liable to any proceedings in any court in respect of publication of a report, paper, votes, or proceedings published under authority of a House of the Legislature. Understanding this constitutional provision is essential for competitive examinations and civic awareness.
The Punchhi Commission (2010) recommended that the maximum tenure of President's Rule under Article 356 should be?
Correct Answer: B. 3 months
The Punchhi Commission recommended that the period of President's Rule in a state should be limited to three months at a time, with Parliament required to approve each extension. After one year, further continuation should be possible only if a national emergency is in force and elections cannot be held — a stricter standard than currently exists. The President of India is the constitutional head of the executive and acts on the advice of the Council of Ministers.
An Ordinance issued by the Governor under Article 213 lapses after how many weeks if not approved by the State Legislature?
Correct Answer: B. 6 weeks
Under Article 213(2), every Ordinance issued by the Governor must be laid before the Legislature when it reassembles. If it is not approved by the Legislature, it shall cease to operate at the expiration of six weeks from the reassembly. The Governor can also withdraw an Ordinance at any time. An Ordinance cannot be re-promulgated unless reassembled legislature has had chance to consider it.
Under Article 208, the State Legislature shall make rules for regulating its?
Correct Answer: B. Procedure and conduct of business
Article 208(1) provides that a House of the Legislature of a State may make rules for regulating its procedure and the conduct of its business. Until such rules are made, the rules of procedure of the Legislature in force at the commencement of the Constitution shall continue. The Speaker of the Vidhan Sabha presides over and enforces these rules.
Which article provides that the 'Governor shall be the executive head of a state'?
Correct Answer: B. Article 154
Article 154(1) provides that the executive power of the state shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution. The Governor is the nominal executive head, as actual executive powers are exercised by the Council of Ministers. The Governor acts as the constitutional head of the state and is appointed by the President of India.
The Haryana and Punjab states share a common High Court located in?
Correct Answer: A. Chandigarh
The Punjab and Haryana High Court is located in Chandigarh, which serves as the common capital of both Punjab and Haryana. This is an example of two states sharing a High Court under Article 231, which allows Parliament to establish a common High Court for two or more states. The judiciary plays a crucial role in upholding the Constitution and protecting citizens' fundamental rights.
The report by the Governor to the President under Article 356 can be examined by which court?
Correct Answer: B. Supreme Court and High Courts
Following the S.R. Bommai case (1994), the Supreme Court held that both the Proclamation under Article 356 and the Governor's report are subject to judicial review. The courts can examine whether there were relevant facts to justify President's Rule. However, the courts cannot direct a government to continue; they can only set aside an invalid proclamation.
Under the Constitution, which tier of government is addressed in Article 246 regarding legislative powers?
Correct Answer: B. Central and State governments
Article 246 distributes legislative powers between the Parliament (Union) and State Legislatures by defining the three lists in the Seventh Schedule. Parliament has exclusive power over Union List (List I) subjects, states have power over State List (List II) subjects, and both can legislate on Concurrent List (List III) subjects. Local governments are not directly addressed in Article 246.
A Governor is NOT eligible for election to which office?
Correct Answer: A. Member of Parliament
Article 158(2) provides that the Governor shall not be a member of the Legislature of any State or of Parliament. If a person who is a member of any such Legislature becomes the Governor, he shall be deemed to have vacated his seat in that Legislature. Thus a sitting Governor cannot be elected as MP or MLA.
The maximum strength of a State Cabinet (Council of Ministers) after the 91st Amendment Act 2003 is?
Correct Answer: B. 15 percent of total strength of Vidhan Sabha
The 91st Amendment Act (2003) added Article 164(1A), limiting the size of the Council of Ministers (including the Chief Minister) to fifteen percent of the total strength of the Vidhan Sabha. This was intended to curb the practice of having oversized cabinets. However, the total number of ministers shall not be less than twelve in any case.