Governor & State Legislature — Set 14

Correct Answer: B. Different electoral constituencies including MLAs, graduates, and local bodies

The Vidhan Parishad has members elected/nominated by different categories: 1/3 elected by members of the Vidhan Sabha (MLAs); 1/3 elected by local bodies (municipalities, panchayats, etc.); 1/12 elected by graduates; 1/12 elected by teachers; and 1/6 nominated by the Governor from persons with special knowledge or experience in literature, science, arts, cooperation, or social service. Members serve 6-year terms.

Correct Answer: C. Both A and B

Both the Sarkaria Commission (1983-88) and the Punchhi Commission (2007-10) recommended that the Governor should be a non-political person who has not taken part in active politics in recent years, should be an eminent person in some walk of life, should not belong to the state in which they are appointed, should not have served as a Union Minister or been a politician in recent times, and should not be removed arbitrarily. These recommendations have been accepted in principle but inconsistently followed. The Governor acts as the constitutional head of the state and is appointed by the President of India.

Correct Answer: C. Article 86 and 87 both

Article 175 corresponds to Articles 86 and 87 of the Constitution. Article 175(1) gives the Governor the right to address either House separately or both Houses assembled together (similar to President's power under Article 86). Article 175(2) provides for the Governor's address to the Vidhan Sabha at the commencement of the first session after each general election and the first session each year (similar to Article 87 for the President). The Governor's address outlines state government policies.

Correct Answer: A. Imposition of President's Rule in the state

Article 356(1) provides that if the President, on receipt of a report from the Governor or otherwise, is satisfied that the government of the State cannot be carried on in accordance with the provisions of the Constitution, the President may proclaim President's Rule (Governor's Rule). The Governor's report is the usual trigger, but the President can act even without such a report. Once President's Rule is imposed, the Governor administers the state on behalf of the President.

Correct Answer: A. Chief legal officer of the state government, similar to Attorney General at Union level

The Advocate General of a state is the chief legal adviser of the state government, appointed by the Governor under Article 165. The Advocate General is similar to the Attorney General of India at the Union level. They have the right of audience in all courts in India. The Advocate General holds office during the pleasure of the Governor. They advise the state government on legal matters and appear in courts on behalf of the state government.

Correct Answer: B. Governor's powers to summon and prorogue State Legislature

The Supreme Court's judgment in Nabam Rebia and Bamang Felix v. Deputy Speaker, Arunachal Pradesh (2016) dealt with the Governor's powers to summon and prorogue the state legislature. The court held that the Governor cannot act suo motu in summoning or proroguing the legislature without the advice of the Council of Ministers, except in very limited circumstances. The case arose when the Governor of Arunachal Pradesh summoned the assembly without the CM's advice. This judgment curtailed arbitrary gubernatorial action.

Correct Answer: C. Person appointed by the President who exercises executive powers

Union Territories are administered by the President through a Lieutenant Governor (LG) or Administrator appointed by the President under Article 239. The LG/Administrator exercises executive powers on behalf of the President. Larger Union Territories like Delhi and Puducherry have elected legislatures and Councils of Ministers, but the LG's powers have been a source of controversy. The Supreme Court in Government of NCT Delhi v. Union of India (2023) clarified the LG-CM relationship.

Correct Answer: B. State Legislative Assembly (Vidhan Sabha)

Under Article 164(2), the Council of Ministers shall be collectively responsible to the Legislative Assembly of the State (Vidhan Sabha). This collective responsibility means all ministers stand or fall together — if a no-confidence motion is passed against the government, the entire Council of Ministers must resign. In states with bicameral legislatures, only the Vidhan Sabha can pass a no-confidence motion against the state government, not the Vidhan Parishad.

Correct Answer: C. In case of ordinary bills (not Money Bills)

Article 200 allows the Governor to return a bill passed by the State Legislature for reconsideration. However, this power does not apply to Money Bills — Money Bills can only be assented or withheld assent (but not returned). If the legislature passes the bill again (with or without amendments), the Governor must give assent. This is similar to the President's power under Article 111 but with the additional power to reserve bills for the President's consideration.

Correct Answer: B. Whether the Council of Ministers has majority support in the Assembly

The 'floor test' or 'confidence vote' is a constitutional convention where the government proves its majority in the State Legislative Assembly by winning a vote on the floor of the House. The Supreme Court in S.R. Bommai v. Union of India (1994) held that the floor test is the only valid way to determine whether a government has majority support — the Governor cannot make this assessment outside the legislature. The floor test protects elected governments from arbitrary gubernatorial action.