All questions of Governor for BPSC (Bihar) Exam

As at the Centre, there is no provision in the Constitution for the system of legal responsibility of the minister in the states. It is not required that a minister should countersign an order of the governor for a public act. Moreover, the courts are barred from inquiring into the nature of advice rendered by the ministers to the governor.

All of the above statements are correct. Instead of that, the below reasons are also given for indirect elections of Governor 

• In most states in India, the Lokayukta and Upalokayukta are appointed by the Governor of the state, but only after consultation with the Chief Justice of the State High Court and the Leader of Opposition in the State Legislative Assembly.
• The Lokayukta is an anti-corruption authority or ombudsman who represents the public interest. The Lokayukta investigates allegations of corruption and mal-administration against public servants and is tasked with quickly redressing public grievances.
• The Chief Justice and the Leader of Opposition are consulted to ensure a fair and unbiased appointment. This is because the Lokayukta should be an individual of high integrity and impartiality. The involvement of these two key figures helps uphold the credibility and independence of the Lokayukta.

The first statement is correct. The President may transfer a Governor appointed one state to another state for the rest of the term. The second statement is incorrect. A Governor whose term has expired may be reappointed in the same state or any other state.

Statements (a), (b) and (c) are correct. But, statement (d) is incorrect. Because, He is entitled to such emoluments, allowances and privileges as may be determined by Parliament and not by the President.

Explanation of Statements
The evaluation of the two statements regarding the Governor provides insight into the constitutional role of this position in Indian governance.
Statement-I: Chief Executive Head
- The Governor serves as the chief executive head of the state.
- This position acts as a vital link between the central government and the state, functioning as an agent of the Centre.
Statement-II: Appointment and Tenure
- The Governor is indeed appointed by the President of India.
- The standard term is 5 years, but this can be terminated earlier.
- The Governor can resign from the position by submitting a resignation letter to the President.
Correctness of the Statements
- Both statements are correct regarding the role and appointment of the Governor.
- However, Statement-II does not provide an explanation for Statement-I; rather, it complements it by detailing the appointment process and term duration.
Conclusion
- Since both statements are accurate and Statement-II does not serve as an explanation for Statement-I, the correct answer is option 'B'.
- This illustrates the separate yet interconnected aspects of the Governor's role and appointment in the Indian constitutional framework.

The correct answer is option 'D' i.e. 1, 3, 4 and 5 Only.

Explanation:

Several states in India have appointed tribal ministers to ensure the development of tribal communities and to address their issues. The Governor of the following states has appointed tribal ministers:

1. Jharkhand: In Jharkhand, the Governor appointed a tribal leader, Rameshwar Oraon, as the Minister in charge of Tribal Affairs.

2. Bihar: No tribal minister has been appointed in Bihar yet.

3. Madhya Pradesh: In Madhya Pradesh, the Governor appointed Meena Singh Mandloi as the Minister in charge of Tribal Affairs.

4. Chattisgarh: In Chattisgarh, the Governor appointed Kedar Kashyap as the Minister in charge of Tribal Affairs.

5. Odisha: In Odisha, the Governor appointed Ramesh Chandra Majhi as the Minister in charge of Tribal Affairs.

Therefore, the correct answer is option 'D' i.e. 1, 3, 4 and 5 Only.

While selecting Governors, the Central Government should adopt the following strict guidelines as recommended in the Sarkaria Commission report: He should be a detached figure and not too intimately connected with the local politics of the states.

He constitutes a finance commission after every ten years to review the financial position of the panchayats and the municipalities. Explanation: - Statement (b), (c) and (d) are correct. Statement (a) is incorrect.

Explanation:

Statement-I:
- The statement correctly explains the powers of the Governor in relation to the assent and reservation of bills in the State Legislature.
- The Governor can give assent to the Bill, return a Non-Money Bill for reconsideration once, or reserve the Bill for the consideration of the President under certain circumstances.
- Reservation is obligatory if the Bill is ultra-vires, opposed to DPSP, against the larger interest of the country, or deals with Article 31A.

Statement-II:
- This statement also correctly outlines some powers of the Governor in relation to financial matters in the State Legislature.
- The Governor has the power to ensure the Annual Financial Statement is laid before the State Legislature and that Money Bills require her prior recommendation.
- Additionally, the Governor can make advances out of the Contingency Fund of India to cover unforeseen expenditures.
Therefore, both Statement-I and Statement-II are correct in their respective explanations. However, Statement-II does not directly explain Statement-I, as they relate to different aspects of the Governor's powers in the State Legislature.

Discretionary Powers of the Governor
The Governor of a state in India holds several discretionary powers that are pivotal in governance. Among these, the ability to promulgate ordinances when the State Legislature is not in session is a significant function.

Understanding the Power to Promulgate Ordinances
- **Definition**: Ordinances are temporary laws that the Governor can enact when the State Legislature is not in session. This is a crucial mechanism to ensure that urgent legislative matters can be addressed without waiting for the Legislature to convene.
- **Context**: When the legislative assembly is not in session, there may be pressing issues requiring immediate legislative action. The Governor has the authority to issue an ordinance to fill this legislative gap.
- **Limitations**: However, ordinances must be approved by the legislature within six weeks of its reassembly. If not approved, the ordinance ceases to operate. This ensures that the power is used judiciously and is subject to legislative oversight.

Comparison with Other Powers
- **Pardons and Reprieves (Option A)**: While the Governor has the power to grant pardons, this is not a discretionary power in the same legislative context as promulgating ordinances.
- **Addressing the Legislature (Option B)**: The Governor’s address to the legislature is a ceremonial duty and does not involve discretionary power.
- **Contingency Fund (Option D)**: Making advances from the Contingency Fund involves financial management rather than legislative action, distinguishing it from the power to promulgate ordinances.
In summary, the ability to promulgate ordinances is a crucial discretionary power of the Governor, enabling prompt legislative action when necessary. This power underscores the Governor's role as a key figure in maintaining the legislative process and addressing urgent needs in governance.