Governor & CM — Set 5

Correct Answer: C. No

• **No criminal proceedings during term** = no criminal case can be instituted or continued against a Governor while he is in office. • **Absolute criminal immunity** — this protection applies regardless of whether the act was in personal or official capacity; extends throughout the term. • 💡 Option A (Yes, with 2 months notice) applies only to civil proceedings for personal acts, not criminal proceedings; Option B (Yes, for personal acts) is incorrect — criminal immunity is absolute during the term; Option D (Yes, with President's consent) has no constitutional basis for criminal proceedings.

Correct Answer: D. 2 months

• **2 months notice** = civil proceedings against a Governor for personal acts can be instituted only after giving 2 months' prior notice. • **Notice requirements** — the notice must specify the nature of proceedings and the relief claimed; only applies to personal capacity acts, not official ones. • 💡 Option A (3 months) is not the correct notice period under Article 361; Option B (6 months) is the maximum gap between two sessions of the legislature, not the civil notice period; Option C (1 month) is shorter than the constitutionally prescribed 2-month notice.

Correct Answer: D. 15%

• **15% cap** = total ministers including CM in a state cannot exceed 15% of the total strength of the Legislative Assembly. • **91st Amendment, 2003** — introduced this cap to prevent oversized ('jumbo') cabinets that strain public finances and reduce accountability. • 💡 Option A (20%) exceeds the constitutional limit of 15%; Option B (12%) is the minimum number of ministers required, not the percentage cap; Option C (10%) is below the constitutional cap and is not the prescribed limit.

Correct Answer: A. 12

• **Minimum 12 ministers** = the Council of Ministers in a state must have at least 12 members, ensuring basic representation in small states. • **91st Amendment, 2003** — fixed both the minimum (12) and maximum (15%) for the Council of Ministers at the state level. • 💡 Option B (15) is the minimum number of ministers required at the Union level under the 91st Amendment, not the state level; Option C (10) is below the prescribed minimum of 12; Option D (7) is too low and not prescribed anywhere in the Constitution.

Correct Answer: B. Legislative Assembly

• **Collective responsibility to Legislative Assembly** = the State Council of Ministers is collectively responsible to the Vidhan Sabha (Legislative Assembly), per Article 164(2). • **Swim or sink** — if the assembly passes a no-confidence motion, the entire council including the CM must resign together. • 💡 Option A (Parliament) is the body to which the Union Council of Ministers is collectively responsible, not the state cabinet; Option C (Chief Minister) is the head of the council, not the body it is responsible to; Option D (Governor) receives ministerial advice but the council is not responsible to him — it is responsible to the elected assembly.

Correct Answer: B. Governor

• **Governor's pleasure** = ministers in the state hold office during the pleasure of the Governor (Article 164); practically, removal is on the CM's advice. • **Individual responsibility** — each minister is individually responsible to the Governor (formally) and to the assembly (politically). • 💡 Option A (Speaker) has no role in ministerial tenure; Option C (President) holds ministers at the Union level at his pleasure, not at state level; Option D (Chief Minister) effectively recommends removal but ministers formally hold office at the Governor's pleasure.

Correct Answer: B. President

• **President appoints UT CMs** = Chief Ministers of Delhi and Puducherry are appointed by the President, not by a Governor. • **UT structure** — Union Territories with legislatures (Delhi, Puducherry) have elected governments but are under the President's authority, administered through Lt. Governors. • 💡 Option A (Parliament) does not appoint CMs; Option C (Home Minister) advises the President but is not the appointing authority; Option D (Lt. Governor) administers the UT as President's representative but does not formally appoint the CM — the President does.

Correct Answer: C. President through an Administrator

• **Article 239** = Union Territories are administered by the President acting through an Administrator (Lt. Governor or Chief Commissioner). • **Agent of President** — the Administrator is not independent; he acts on the President's behalf and is guided by the Centre. • 💡 Option A (Chief Minister) administers only states, not all UTs — Delhi/Puducherry have CMs but other UTs do not; Option B (Governor) heads a state, not a UT; Option D (Prime Minister) does not directly administer UTs — the President does, through the Administrator.

Correct Answer: D. Chief Minister

• **Chief Minister presides** = CM chairs and presides over all State Cabinet meetings, coordinating policy decisions. • **CM's central role** — the CM is the pivot of the cabinet; he determines the agenda, influences decisions, and allocates portfolios to ministers. • 💡 Option A (Governor) is the constitutional head but does not attend or preside over cabinet meetings; Option B (Chief Secretary) is the administrative head of the secretariat, not the presiding officer of the cabinet; Option C (Senior-most Minister) may temporarily officiate as CM but does not normally preside over cabinet.

Correct Answer: B. Governor

• **Governor allocates portfolios** = Governor formally allocates portfolios to state ministers, but only on the advice of the Chief Minister. • **CM decides, Governor formalises** — in practice, the CM determines the distribution of portfolios; the Governor's role is formal/ceremonial. • 💡 Option A (Speaker) has no role in portfolio allocation; Option C (Chief Minister) effectively decides but the formal allocation is done by the Governor; Option D (High Court Chief Justice) is a judicial officer with no role in executive portfolio distribution.