Governor & State Legislature — Set 16

Correct Answer: C. Article 167

Article 167 makes it mandatory for the Chief Minister to communicate to the Governor all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation. This is an obligation on the Chief Minister, not a requirement for prior approval. The Governor can ask the Chief Minister to submit for reconsideration any matter on which a minister has acted without reference to the full Council of Ministers, if so required.

Correct Answer: C. 6 months

Similar to Parliament at the central level, the Constitution requires that a State Legislature must hold at least two sessions in a year, with the gap between two sessions not exceeding six months. The Governor summons the State Legislature to session. The period between sessions is called 'recess'. During recess, the Governor can promulgate ordinances under Article 213. The two sessions of a State Legislature are usually the Budget Session and the Monsoon Session.

Correct Answer: B. Central Election Commission

State Legislative Assembly elections are conducted by the Election Commission of India (ECI), not the State Election Commission. The ECI conducts elections to Parliament (Lok Sabha and Rajya Sabha), President, Vice President, and State Legislative Assemblies (Vidhan Sabhas) and Councils (Vidhan Parishads). The State Election Commission conducts elections to local bodies (panchayats, municipalities). This distinction is important — the ECI is a constitutional body under Article 324.

Correct Answer: D. Additional Governor charged with functions of another state

Under Article 153, there shall be a Governor for each State. However, the proviso to Article 153 allows the same person to be appointed as Governor of two or more states. In this case, they are typically described as the 'Governor of State X additionally charged with the functions of the Governor of State Y'. This arrangement is made to economize on administrative costs or when a suitable person is not immediately available. Both states get the benefit of the same person's experience.

Correct Answer: B. Only Money Bills requiring Governor's prior recommendation

Article 207 of the Constitution provides that a Bill or amendment making provision for any of the matters specified in Article 199 (Money Bill) shall not be introduced or moved except on the recommendation of the Governor. This means that Money Bills in a state require the Governor's prior recommendation before they can be introduced in the State Legislature. This is to ensure that financial legislation has the executive's approval before being introduced.

Correct Answer: B. Article 154

Article 154 provides that the executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution. In practice, the Governor acts on the aid and advice of the Council of Ministers (Article 163). The Governor is the formal head of state executive. The actual executive power is exercised by the elected Council of Ministers headed by the Chief Minister.

Correct Answer: B. Rajya Sabha and State Legislative Councils

The single transferable vote system of proportional representation is used for elections to Rajya Sabha (elected by MLAs) and State Legislative Councils (Vidhan Parishad) where applicable. It is also used for elections to the offices of President and Vice President. In this system, voters rank candidates in order of preference, and votes are transferred to second preferences when a candidate is elected or eliminated. Lok Sabha uses the first-past-the-post system.

Correct Answer: B. First session after each general election and first session each year

Article 176 requires the Governor to address the State Legislature: (1) at the commencement of the first session after each general election to the Legislative Assembly, and (2) at the commencement of the first session of each year. The address outlines the government's policies and legislative agenda. After the address, a Motion of Thanks is moved by a member of the House. This is similar to the President's address to Parliament under Article 87.

Correct Answer: C. It does not exist in India

India does not have the concept of a Vice-Governor or Deputy Governor. The Constitution provides for only the Governor as the constitutional head of a state. When a Governor is absent or their office is vacant, the Chief Justice of the state's High Court or the senior-most judge acts as the Governor. This ad hoc arrangement ensures continuity. There is no permanent 'Deputy Governor' position in the Indian Constitution.

Correct Answer: B. Consolidated Fund of the State

The emoluments and allowances of the Governor are charged to the Consolidated Fund of the State and are not subject to a vote by the State Legislature. This insulates the Governor's remuneration from legislative control and ensures the Governor can act independently. Similarly, the salaries of the Chief Justice and judges of the High Court are charged to the Consolidated Fund of the State. The Governor's salary is determined by Parliament by law.