Governor & State Legislature — Set 12

Correct Answer: B. No single party or alliance has a clear majority

The Governor's discretionary power to appoint the Chief Minister is most significant when no single party or alliance has a clear majority in the State Legislative Assembly (hung assembly). In such situations, the Governor exercises discretion in deciding who can form the government — the leader of the single largest party or the leader of a pre-poll or post-poll alliance. The Nabam Rebia case (2016) gave important guidelines on the Governor's role in such situations.

Correct Answer: C. Article 213

Article 213 empowers the Governor to promulgate Ordinances when the State Legislature is not in session (either House in bicameral states or the Assembly in unicameral states). A state Ordinance has the same force as a state law. It must be laid before the State Legislature and ceases to operate after 6 weeks of the legislature's reassembly, or earlier if disapproved. The Governor cannot promulgate an Ordinance without the Council of Ministers' advice (except in rare discretionary cases).

Correct Answer: A. 6

As of 2024, Legislative Councils (Vidhan Parishads) exist in 6 states of India: Andhra Pradesh, Karnataka, Maharashtra, Bihar, Telangana, and Uttar Pradesh. Jammu & Kashmir had a Vidhan Parishad but it was dissolved when it became a Union Territory in 2019. The state legislature can create or abolish a Vidhan Parishad by passing a resolution under Article 169, with parliamentary approval. The 1/6 of members of Vidhan Parishad are nominated by the Governor.

Correct Answer: B. Only matters specified in the Constitution and situations where the Constitution requires discretion

Article 163 provides that there shall be a Council of Ministers to aid and advise the Governor in exercise of their functions, except in matters where the Governor is required by or under the Constitution to exercise functions in their discretion. The discretionary matters include: appointing CM when no clear majority exists, dismissing government when it has lost majority, dissolving state legislature (in some cases), referring bills to the President, and reporting on the state's affairs to the President. The Governor acts as the constitutional head of the state and is appointed by the President of India.

Correct Answer: A. Article 168

Article 168 deals with the constitution of State Legislatures. Every state shall have a Legislature consisting of the Governor and: (1) two Houses — Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad) in states with bicameral legislatures, or (2) one House — only the Legislative Assembly in states with unicameral legislatures. Currently, 6 states have bicameral legislatures and the rest have unicameral. Article 170 deals with composition of Vidhan Sabha and Article 171 with Vidhan Parishad.

Correct Answer: B. Governor of the State

Under Article 164, the Chief Minister is appointed by the Governor. The Governor appoints the leader of the majority party or coalition in the State Legislative Assembly as the Chief Minister. Other ministers are appointed by the Governor on the advice of the Chief Minister. The Council of Ministers is collectively responsible to the State Legislative Assembly (not the Governor). The Governor can exercise discretion in appointing the Chief Minister when no party has a clear majority.

Correct Answer: B. Governor on the advice of Council of Ministers

The State Legislative Assembly (Vidhan Sabha) can be dissolved by the Governor on the advice of the Council of Ministers headed by the Chief Minister. The Governor can also dissolve the Assembly in exercise of discretionary power if the Council of Ministers has lost the confidence of the Assembly and no alternative government can be formed. Under Article 356 (President's Rule), the President can dissolve the State Legislature. The Assembly has a normal term of 5 years.

Correct Answer: B. Centre-State relations

The Sarkaria Commission (1983), headed by Justice R.S. Sarkaria, was appointed to examine the working of Centre-State relations — the constitutional and institutional mechanisms for distribution of powers between the Centre and states. It submitted its report in 1988 making 247 recommendations, of which many related to the role of the Governor. It recommended that the Governor should be a non-political person and should not be removed arbitrarily. The Punchhi Commission (2007) later reviewed these recommendations.

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. The Governor's pardoning power under Article 161 differs from the President's power under Article 72 — the Governor cannot pardon death sentences (which is the President's exclusive domain under Article 72) or sentences imposed by court martial. The Governor acts as the constitutional head of the state and is appointed by the President of India.

Correct Answer: C. 60 members

Article 170 provides that the Vidhan Sabha shall consist of not more than 500 members and not less than 60 members, chosen by direct election from territorial constituencies. However, exceptions exist for small states like Goa (40 members), Puducherry (30 members), Sikkim (32 members), and Mizoram (40 members), which have less than 60 members due to special provisions. The actual strength of each state's assembly is determined by delimitation based on population.