Governor & State Legislature — Set 11
Constitution Special · राज्यपाल और राज्य विधानमंडल · Questions 101–110 of 160
Under Article 177, who has the right to speak in state legislature without being a member?
Correct Answer: C. Advocate General and Ministers
Article 177 provides that the Advocate General for a state shall have the right of audience in all courts in the state and shall have the right to speak and take part in proceedings of the state legislature. State ministers also have the right to speak and take part in proceedings in both Houses (Vidhan Sabha and Vidhan Parishad) but without the right to vote if they are not members of that House. Understanding this constitutional provision is essential for competitive examinations and civic awareness.
Governor's discretionary powers are primarily applicable in which situations?
Correct Answer: C. Hung Assembly situations, reserving bills, reporting on state affairs
The Governor exercises discretionary powers primarily in: (1) situations of a hung assembly — choosing who to invite to form government; (2) reserving bills for President's consideration under Article 200; (3) making reports to the President under Article 356; (4) dismissing a ministry that has lost majority in the house; and (5) certain routine administrative matters specified in the Constitution. This is an important constitutional provision that governs the structure and functioning of Indian democracy The Governor acts as the constitutional head of the state and is appointed by the President of India. The Governor's discretionary powers include reserving bills for Presidential assent and installing caretaker governments in certain situations.
What is the constitutional basis for the State Public Service Commission (SPSC)?
Correct Answer: A. Article 315
Article 315 provides for the establishment of Public Service Commissions for the Union and for States. Each state shall have a State Public Service Commission. Members of the SPSC are appointed by the Governor under Article 316. The SPSC conducts examinations for state government services and advises the government on civil service matters.
Article 356 was most prominently misused in which state in 1959?
Correct Answer: C. Kerala
The first use of Article 356 to remove an elected government was in Kerala in 1959. The democratically elected government of E.M.S. Namboodiripad (Communist Party) was dismissed by invoking President's Rule under Article 356. This set a controversial precedent for what critics called the misuse of the President's Rule power for political purposes.
The 42nd Amendment shifted several subjects from State List to Concurrent List. Which subject was moved?
Correct Answer: B. Education
The 42nd Amendment of 1976 transferred five subjects from the State List to the Concurrent List: Education, Forests, Protection of wild animals and birds, Weights and measures, and Administration of Justice (constitution and organisation of all courts except Supreme Court and High Courts). Education and Forests are the most important examples. The power to amend the Constitution is a special power that cannot be used to destroy its basic structure.
Article 161 gives the Governor pardon powers, but which category is different from the President's Article 72 powers?
Correct Answer: B. The Governor cannot remit court martial sentences, but the President can
Both the President (Article 72) and Governor (Article 161) have pardon powers. The key difference is that the President can grant pardon in cases of court martial (military tribunal) sentences, whereas the Governor cannot. President's powers extend to Union laws including military laws, while the Governor's powers are limited to state laws. Both President and Governor can pardon death sentences under their respective jurisdictions.
Who is the constitutional head of a State in India?
Correct Answer: B. Governor
The Governor is the constitutional head of the state in India, appointed by the President under Article 155. The Governor acts as the representative of the Union Government in the state and performs both constitutional and discretionary functions. The actual executive power is exercised by the Council of Ministers headed by the Chief Minister. The Governor holds office during the pleasure of the President and has no fixed security of tenure, unlike judges.
The Governor holds office during the pleasure of whom?
Correct Answer: C. President of India
Under Article 156, the Governor holds office during the pleasure of the President. This means the President can remove the Governor at any time without giving reasons. However, the Supreme Court in B.P. Singhal v. Union of India (2010) held that the President cannot remove the Governor arbitrarily — there must be valid reasons and the principles of natural justice must be followed. The Governor's term is 5 years, but this does not give security of tenure.
What is the minimum age required to become the Governor of a state?
Correct Answer: C. 35 years
Under Article 157, the qualifications for appointment as Governor include: (1) being a citizen of India, and (2) having completed the age of 35 years. Unlike judges of the Supreme Court or High Courts, there is no provision requiring the Governor to have legal qualifications. By convention, the Governor should not be a resident of the state to which they are appointed. Rajendra Prasad was the only person to have served as both President and acting Governor simultaneously.
Under which Article can the Governor reserve a state bill for the consideration of the President?
Correct Answer: B. Article 200
Article 200 provides that when a bill passed by the State Legislature is presented to the Governor, they may assent, withhold assent, return the bill (if not a Money Bill), or reserve the bill for the consideration of the President. The Governor must reserve a bill if it would derogate from the powers of the High Court. Once reserved, the bill is sent to the President who may assent, withhold assent, or direct the Governor to return it to the state legislature.