Governor & CM — Set 2

Correct Answer: C. Article 213

• **Article 213** = empowers the Governor to promulgate ordinances when the state legislature is not in session. • **Same force as law** — an ordinance has the same legal force as an act passed by the state legislature. • 💡 Option A (Article 123) is the President's ordinance-making power, not the Governor's; Option B (Article 202) deals with the Annual Financial Statement (budget) in states; Option D (Article 200) relates to the Governor's assent to bills, not ordinances.

Correct Answer: C. Governor

• **Article 154** = executive power of the State is vested in the Governor and exercised directly or through subordinate officers. • **Nominal head** — though executive power is vested in the Governor, it is actually exercised by the Council of Ministers headed by the CM. • 💡 Option A (Council of Ministers) aids and advises but power is not vested in them; Option B (Chief Minister) is the real executive but power is formally vested in Governor; Option D (State Legislature) is the legislative body, not the executive.

Correct Answer: A. Governor

• **Article 165** = Governor appoints the Advocate General for the State, who is the highest law officer of the state. • **Qualification** — must be qualified to be a judge of a High Court (i.e., 10 years as advocate of a High Court). • 💡 Option B (President) appoints the Attorney General of India, not state's Advocate General; Option C (Chief Justice of High Court) has no appointment role here; Option D (Chief Minister) advises on appointment but the formal appointing authority is the Governor.

Correct Answer: C. Governor

• **Article 164** = Governor appoints the Chief Minister and other ministers on CM's advice. • **Convention** — Governor appoints the leader of the majority party in the assembly as CM; in a hung assembly, discretion comes into play. • 💡 Option A (State Legislature) does not formally appoint the CM; Option B (President) appoints CM of Union Territories (Delhi, Puducherry), not states; Option D (High Court Chief Justice) administers no appointment, only swears in the Governor.

Correct Answer: A. Article 163

• **Article 163** = there shall be a Council of Ministers headed by the CM to aid and advise the Governor in the exercise of functions. • **Discretion exception** — the Governor can act independently without ministerial advice in areas where the Constitution requires him to use discretion. • 💡 Option B (Article 164) deals with appointment and tenure of ministers; Option C (Article 165) establishes the Advocate General; Option D (Article 167) defines CM's duties to the Governor — none deal with the Council's advisory role.

Correct Answer: D. Article 167

• **Article 167** = defines CM's duties to communicate all cabinet decisions to the Governor and furnish administration-related information. • **Communication bridge** — this article ensures the Governor stays informed about state administration through the CM. • 💡 Option A (Article 164) deals with appointment of ministers and collective responsibility; Option B (Article 166) deals with conduct of government business; Option C (Article 163) establishes the Council of Ministers — none impose the specific duty of communication on the CM.

Correct Answer: D. Chief Minister

• **Chief Minister** = the 'Real Executive' (de facto) head of the state government; actual power rests with the CM, not the Governor. • **De facto vs De jure** — CM is the de facto (real) executive; Governor is the de jure (nominal/constitutional) executive. • 💡 Option A (Speaker) is the presiding officer of the assembly, not the executive; Option B (Governor) is the nominal executive, not the real one; Option C (Chief Secretary) is the senior-most IAS officer, an administrative head, not the political executive.

Correct Answer: B. Governor

• **Governor** = the 'Nominal Executive' (titular/de jure) head of the state; all executive actions are formally taken in the Governor's name. • **Titular role** — though power is vested in the Governor (Article 154), it is practically exercised by the Council of Ministers. • 💡 Option A (Advocate General) is the highest law officer, not the nominal executive; Option C (President) is the nominal head of the Union, not a state; Option D (Chief Minister) is the real (de facto) executive, not the nominal head.

Correct Answer: D. Governor

• **Governor appoints SPSC** = Governor appoints the Chairman and members of the State Public Service Commission (SPSC/SPSC). • **Removal by President** — despite being appointed by the Governor, SPSC members can only be removed by the President of India. • 💡 Option A ( Chairman) has no role in state-level appointments; Option B (Chief Minister) cannot appoint SPSC members; Option C (President) removes SPSC members but does not appoint them — only the Governor appoints.

Correct Answer: C. President

• **President removes SPSC members** = despite appointment by the Governor, only the President can remove State Public Service Commission members. • **Same grounds as** — removal grounds and procedure mirror those applicable to members, ensuring consistent protection. • 💡 Option A (Supreme Court) can inquire into removal on reference by the President but does not remove directly; Option B (Parliament) has no direct removal role for SPSC; Option D (Governor) appoints SPSC members but cannot remove them — removal is exclusively the President's power.