Governor & State Legislature — Set 15

Correct Answer: D. 15%

The 91st Constitutional Amendment Act, 2003 inserted Article 164(1A) which provides that the total number of Ministers including the Chief Minister in the Council of Ministers of a State shall not exceed 15% of the total number of members of the Legislative Assembly of that State. The minimum is 12 ministers (regardless of the percentage). This was done to prevent oversized cabinets. This provision also applies to the Union Council of Ministers under Article 75(1A).

Correct Answer: B. State Cabinet/Council of Ministers

The Governor's address to the State Legislature is prepared and written by the State Cabinet/Council of Ministers, not by the Governor personally. The Governor reads out the address that outlines the government's policies and legislative agenda for the year. This is similar to the President's address to Parliament which is also prepared by the Union Cabinet. The Governor cannot change the content of the address prepared by the Council of Ministers (except in very limited circumstances).

Correct Answer: C. The Governor can be removed only by the President without impeachment

The Constitution does NOT provide for any impeachment process for the Governor. The Governor holds office during the pleasure of the President (Article 156) and can be removed by the President at any time. There is no formal impeachment procedure like for the President or judges. The Supreme Court in B.P. Singhal v. Union of India (2010) held that while the President can remove the Governor at will, there must be some valid reason and the process cannot be arbitrary.

Correct Answer: C. Article 164

Article 164(5) provides that the salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine, and, until the Legislature makes such a provision, shall be as specified in the Second Schedule. The Governor's own emoluments and allowances are charged to the Consolidated Fund of the State and cannot be subject to a vote of the Legislature. The Chief Minister's Discretionary Fund is also a state provision.

Correct Answer: B. Speaker of Vidhan Sabha

If there is a deadlock between the Vidhan Sabha (State Assembly) and the Vidhan Parishad (State Council) on a bill, there is no provision for a joint sitting of both houses at the state level (unlike Parliament at the Union level). The Vidhan Sabha can simply pass the bill again after 3 months, and it is deemed passed. However, the Speaker of the Vidhan Sabha presides over any joint sittings if convened for other purposes by state law.

Correct Answer: D. All of the above

The correct answer is All of the above. The Governor's Report is relevant in multiple constitutional provisions: (1) Under Article 356, the Governor's report (or failure to report) can trigger President's Rule; (2) Under Article 213, the Governor can promulgate an Ordinance only when the legislature is not in session; (3) Under Article 200, the Governor's report of the bill to the President is part of the bill-reservation process. The Governor's reporting function to the President is an important link in the federal structure. The Governor acts as the constitutional head of the state and is appointed by the President of India.

Correct Answer: C. Speaker of Vidhan Sabha

The Speaker of the State Legislative Assembly (Vidhan Sabha) presides over any joint sitting of the State Legislature. However, as noted, at the state level there is no provision for a joint sitting to resolve legislative deadlocks between the two Houses (unlike Parliament). The Speaker of Vidhan Sabha has powers similar to the Speaker of Lok Sabha at the national level, and they preside over any meetings where both houses are gathered together.

Correct Answer: D. No state — Article 164(1) doesn't specify this

Article 164(1) does not specify that any state must have a tribal as Chief Minister. What Article 164(1) actually provides is that in the states of Bihar, Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, there shall be a Minister in charge of Tribal Welfare who may also be the Minister in charge of Welfare of SC or BC. This is a special provision for tribal welfare ministers in states with significant tribal populations, not a requirement for a tribal Chief Minister.

Correct Answer: B. Furnish information to the Governor

Article 167 imposes duties on the Chief Minister with respect to the Governor. The Chief Minister must: (a) communicate to the Governor all decisions of the Council of Ministers relating to administration and proposals for legislation; (b) furnish such information as the Governor calls for relating to administration and proposed legislation; and (c) submit to the Council any matter on which a Minister has taken a decision but which has not been considered by the Council, if the Governor so requires. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: B. Qualified to be a member of Lok Sabha

Article 157 prescribes the qualifications for appointment as Governor: the person must be (a) a citizen of India, and (b) must have completed the age of 35 years. There is no requirement that the Governor be 'qualified to be a member of Lok Sabha' — unlike Lok Sabha members who must be at least 25 years old and registered voters, the Governor does not need to be on any electoral roll. Governors are not elected and hold a non-partisan constitutional office.