Governor & State Legislature — Set 8
Constitution Special · राज्यपाल और राज्य विधानमंडल · Questions 71–80 of 160
The National Commission to Review the Working of the Constitution (NCRWC) recommended that Governors should be appointed by?
Correct Answer: B. A panel comprising PM, HM, Speaker of Lok Sabha, Chief Minister and Speaker of State Legislature
The NCRWC (2000-2002), chaired by Justice M.N. Venkatachaliah, recommended that Governors should be appointed by a committee consisting of the Prime Minister, Home Minister, Speaker of Lok Sabha, and the Chief Minister of the concerned state. This was aimed at ensuring that Governors are not political appointments and act impartially.
The Sarkaria Commission (1983) primarily investigated which aspect of the Constitution?
Correct Answer: B. Centre-State Relations and role of Governor
The Sarkaria Commission (1983-1988), chaired by Justice R.S. Sarkaria, was set up to examine and review the arrangements for Centre-State relations including the role of the Governor. It submitted its report in 1988 with 247 recommendations. It recommended that Governors should be given fixed tenures and should be eminent persons not actively associated with politics.
The term of a Vidhan Parishad (Legislative Council) member is?
Correct Answer: C. 6 years
Under Article 172(2), the Legislative Council is not subject to dissolution; it is a permanent body. Members serve for a term of six years with one-third of the members retiring every two years. This system ensures continuity in the Vidhan Parishad. This structure mirrors the Rajya Sabha at the Centre.
Under Article 172(1), maximum term of a state Legislative Assembly is?
Correct Answer: C. 5 years
Article 172(1) provides that every Legislative Assembly of every State shall continue for five years from the date appointed for its first sitting unless sooner dissolved. The five-year term starts from the date of the first sitting after elections. An emergency under Article 356 can extend the term by Parliament but only with the state still in emergency.
Which committee report led to the creation of the Punchhi Commission on Centre-State Relations?
Correct Answer: A. Sarkaria Commission Report
Following the Sarkaria Commission (1988) recommendations and subsequent review, the Punchhi Commission was set up in 2007 under M.M. Punchhi (former Chief Justice of India) to further examine Centre-State relations. It submitted its report in 2010 with extensive recommendations on Governor's role, emergency provisions, and legislative relations.
The President can remove a Governor?
Correct Answer: B. Whenever he pleases, as the Governor holds office at President's pleasure
Article 156(1) states that the Governor shall hold office during the pleasure of the President. This means the President can remove the Governor at any time without assigning any reason, as the Constitution does not provide any procedure for removal. This was clarified in B.P. Singhal v. Union of India (2010).
Which article of the Constitution specifies that there shall be a Council of Ministers in a state?
Correct Answer: C. Article 164
Article 164 specifies that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions except where he is required to act in his discretion. It also requires that the Minister of Tribal Welfare shall be appointed in states having large tribal populations like Bihar, Madhya Pradesh, and Orissa. Understanding this constitutional provision is essential for competitive examinations and civic awareness.
Question Hour in state legislatures is modeled after which Parliamentary institution?
Correct Answer: B. Lok Sabha
Question Hour in state legislatures follows the practice of the Lok Sabha. During Question Hour, members can ask starred questions (oral answers with supplementary questions), unstarred questions (written answers), and short notice questions. It is a vital tool for parliamentary accountability of the executive to the legislature.
Under the Constitution, the state list (Schedule 7) includes how many subjects?
Correct Answer: A. 66 subjects
The Seventh Schedule divides subjects into three lists: Union List (97 subjects), State List (66 subjects, originally 66), and Concurrent List (47 subjects). States can legislate only on State List subjects. Parliament can legislate on Concurrent List subjects, but state laws prevail only if there is no repugnancy with Central law.
Which article authorises the Governor to nominate members to the Vidhan Parishad?
Correct Answer: B. Article 171(5)
Article 171(5) states that the members of the Legislative Council to be nominated by the Governor shall be persons having special knowledge or practical experience in respect of literature, science, art, cooperative movement, or social service. The number of such nominated members is one-sixth of the total membership of the Council. The Governor acts as the constitutional head of the state and is appointed by the President of India.