Governor & State Legislature — Set 9

Correct Answer: D. No court during his term

Article 361 provides immunity to the Governor — no criminal proceedings can be instituted or continued against the Governor in any court during his term of office. No process for arrest or imprisonment shall issue from any court during the term. However, civil proceedings can be instituted after giving two months notice.

Correct Answer: C. 5 years

Under Article 172, members of the State Legislative Assembly (Vidhan Sabha) are elected for a term of five years. However, the Assembly can be dissolved earlier by the Governor on the advice of the Chief Minister. The term can be extended only by Parliament during a national emergency.

Correct Answer: C. Speaker/Chairman

Article 188 provides that every member of the Legislative Assembly or the Legislative Council of a state shall, before taking his seat, make and subscribe before the Speaker/Chairman an oath or affirmation according to the form set out in the Third Schedule. An unelected member (like the Advocate General) attending sessions has no right to vote. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: B. Uttar Pradesh

Uttar Pradesh has the largest Legislative Council (Vidhan Parishad) in India with 100 members. Maharashtra has 78 members, Bihar has 75 members, Andhra Pradesh has 58 members, Karnataka has 75 members, and Telangana has 40 members. UP's Vidhan Sabha also has the largest number of MLAs (403).

Correct Answer: B. Article 153

Article 153 of the Constitution states 'There shall be a Governor for each State'. Importantly, one person can be appointed as Governor for two or more States (a provision added by the 7th Amendment, 1956). This allows the same person to serve as Governor of multiple states simultaneously.

Correct Answer: B. Article 194

Article 194 provides that subject to the provisions of the Constitution and the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every State. No member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: D. 30 years

Article 173(b) requires that a person must be not less than 30 years of age to be a member of the Legislative Council (Vidhan Parishad). For Vidhan Sabha membership, the minimum age is 25 years under Article 173(b). This mirrors the Rajya Sabha (30 years) and Lok Sabha (25 years) age requirements.

Correct Answer: B. Resolution of Vidhan Sabha by special majority followed by Parliament's law

Article 169 provides that Parliament may by law create or abolish a Legislative Council if the Legislative Assembly of a state passes a resolution to that effect by a majority of the total membership and a two-thirds majority of those present and voting. Parliament can then enact a law under Article 4 read with Article 169 to create or abolish the Council. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: B. Supreme Court

In Rameshwar Prasad v. Union of India (2006), the Supreme Court held that the Governor cannot recommend President's Rule solely to prevent a political party from forming the government. The Court held that invoking Article 356 without giving an elected party leader an opportunity to prove majority on the floor of the house was unconstitutional.

Correct Answer: C. Finance Minister

The state budget (Annual Financial Statement) under Article 202 is normally presented by the Finance Minister of the state in the Vidhan Sabha. However, the Finance Minister acts on the authority of the Governor, as Article 202 requires the Governor to 'cause' the statement to be laid before the House. The Finance Minister presents the budget on behalf of the Governor.