Governor & State Legislature — Set 13

Correct Answer: C. A resolution of the Vidhan Sabha by absolute majority

The Speaker of the Vidhan Sabha can be removed from office by a resolution of the Vidhan Sabha passed by an absolute majority (majority of the total membership). The Speaker is elected by the members of Vidhan Sabha. The Speaker vacates office when they cease to be a member of the House. By convention, the Speaker does not vote except in the case of a tie. The Speaker's rulings cannot be challenged in courts while the House is in session (parliamentary privilege).

Correct Answer: B. S.R. Bommai v. Union of India (1994)

S.R. Bommai v. Union of India (1994) is the landmark Supreme Court case that laid down detailed guidelines for the exercise of power under Article 356 (President's Rule). The Court held that the President's proclamation is subject to judicial review, the floor test is the only way to determine majority, the courts can restore a dismissed government if the proclamation was invalid, and the imposition of President's Rule should be the last resort. This case effectively curbed arbitrary dismissal of state governments.

Correct Answer: B. All states

Under Article 168, the State Legislature consists of the Governor and: (a) two Houses in states with bicameral legislatures (Legislative Assembly + Legislative Council), or (b) one House (only the Legislative Assembly) in unicameral states. The Governor is an integral part of the State Legislature in all states, just as the President is part of Parliament. The Governor summons, prorogues, and can dissolve the State Legislature, and gives assent to bills.

Correct Answer: C. Chairman of Vidhan Parishad

The State Legislative Council (Vidhan Parishad) is presided over by its Chairman, who is elected by the members of the Vidhan Parishad from among themselves. The Chairman and Deputy Chairman perform functions similar to the Chairman and Deputy Chairman of Rajya Sabha at the national level. The Chairman maintains order in the House and the Vidhan Parishad's proceedings. The Vice-Chairman presides in the absence of the Chairman.

Correct Answer: C. State Legislature by resolution, with Parliament's approval

Under Article 169, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of that State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting. So it requires both state initiative (resolution) and parliamentary law. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: A. One member for Anglo-Indian community

The Governor can nominate one member of the Anglo-Indian community to the State Legislative Assembly if, in the Governor's opinion, that community is not adequately represented in the Assembly. This provision was originally in Article 333, but the 104th Constitutional Amendment (2020) abolished the reservation of seats and nomination of Anglo-Indians to both Lok Sabha and state legislative assemblies. Before this amendment, the nomination was a means to ensure representation of this small community.

Correct Answer: B. Article 172

Article 172 provides that every State Legislature shall continue for five years from the date appointed for its first meeting, unless sooner dissolved by the Governor. The term can be extended during a Proclamation of Emergency (National Emergency only). Article 174 deals with sessions, prorogation, and dissolution of State Legislature. The State Legislative Council (where it exists) continues for 6 years for each member and cannot be dissolved.

Correct Answer: B. One-tenth of the total members

Similar to Parliament (Article 100), the quorum for a sitting of the State Legislative Assembly is one-tenth of the total number of members of the House (Article 189). If quorum is not present, the Speaker has the duty to adjourn or suspend the sitting until quorum is present. This requirement ensures that laws are not made without reasonable representation of the elected members.

Correct Answer: B. Usually the ex-officio Chancellor

By convention and by provisions of State University Acts, the Governor is usually the ex-officio (by virtue of office) Chancellor of state universities within the state. As Chancellor, the Governor appoints Vice Chancellors, presides over convocations, and exercises statutory powers over universities. However, this is not a constitutional role — it is governed by state university legislation. Some states have passed laws to transfer the Chancellor's powers to the Chief Minister or an appointed nominee, leading to constitutional controversies.

Correct Answer: C. Governor

Under Article 164, the Chief Minister is appointed by the Governor, and the other Ministers are appointed by the Governor on the advice of the Chief Minister. The Ministers hold office during the pleasure of the Governor. However, in practice, a minister cannot be removed by the Governor arbitrarily — the Chief Minister can advise the Governor to dismiss a minister, and the Council of Ministers is collectively responsible to the State Legislature.