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 

Understanding the Discretionary Powers of the Governor
The Governor of a state in India possesses certain discretionary powers, which can often be a source of confusion. Let's analyze each of the pairs mentioned:

1. Reservation of Bill for consideration of the President
- This is indeed a discretionary power. The Governor can reserve a bill for the President’s consideration if it is of significant importance or affects the interests of the state or the country.

2. Seeking information from the Chief Minister on administrative matters
- This is NOT a discretionary power. The Governor has the right to seek information, but this is considered a constitutional duty rather than a discretionary action.

3. Appointment of Chief Minister in a hung assembly
- This is a discretionary power. In the event of a hung assembly where no party has a clear majority, the Governor has the discretion to appoint the Chief Minister based on their assessment of who is likely to command the confidence of the assembly.

4. Promulgation of ordinances when the State Legislature is not in session
- This is a discretionary power. The Governor can promulgate ordinances when the legislature is not in session to deal with urgent matters.

Conclusion
- Based on the analysis, the correctly matched pairs are 1, 3, and 4. Therefore, only three pairs are correctly matched.
Thus, the correct answer is option 'C'.

Explanation:
The statement 'a) He constitutes a finance commission after every ten years to review the financial position of the panchayats and the municipalities' is incorrect.

The Financial Powers of the Governor in India are defined in Article 202 of the Constitution. The Governor of a state has certain financial powers that are important for the smooth functioning of the state government. Let's go through each option to understand the correct statements.

a) He constitutes a finance commission after every ten years to review the financial position of the panchayats and the municipalities:
This statement is incorrect. The Governor does not have the power to constitute a finance commission. The finance commission is constituted by the President of India under Article 280 of the Constitution. The finance commission is responsible for making recommendations on the distribution of financial resources between the Union and the states and among the states themselves. The finance commission also reviews the financial position of the panchayats and municipalities and makes recommendations on the devolution of funds to them.

b) Money bills can be introduced in the state legislature only with his prior recommendation:
This statement is correct. As per Article 207 of the Constitution, a money bill can be introduced in the state legislature only with the prior recommendation of the Governor. The Governor has the power to either give or withhold his recommendation on a money bill.

c) He can make advances out of the Contingency Fund of the state to meet any unforeseen expenditure:
This statement is correct. The Governor has the power to make advances out of the Contingency Fund of the state to meet any unforeseen expenditure. The Contingency Fund is created under Article 267 of the Constitution and is at the disposal of the Governor. It is used to meet urgent and unforeseen expenditure for which no provision exists in the budget.

d) He sees that the Annual Financial statement (state budget) is laid before the state:
This statement is correct. The Governor has the power and duty to ensure that the Annual Financial Statement, commonly known as the state budget, is laid before the state legislature. This is mentioned in Article 202 of the Constitution.

In conclusion, the incorrect statement is option 'a' - "He constitutes a finance commission after every ten years to review the financial position of the panchayats and the municipalities." This power lies with the President of India, not the Governor.

Understanding the Statements
To determine the correctness of the statements regarding the powers of the Governor, let’s analyze each one.
1. The Governor can recommend the imposition of President's Rule in the State.
- Correct: The Governor has the power to recommend to the President of India to impose President's Rule in a state under Article 356 of the Constitution. This typically occurs when the Governor believes that the governance in the state cannot be carried on according to the provisions of the Constitution.
2. The Governor can make advances out of the Contingency Fund of India to meet unforeseen expenditure.
- Incorrect: The Governor does not have the authority to make advances from the Contingency Fund of India. This fund is managed by the President of India, and any expenditure from it is made by the President on the advice of the Council of Ministers.
3. The Governor can dismiss the Council of Ministers when they cannot prove majority support.
- Correct: The Governor has the constitutional authority to dismiss the Council of Ministers if they lose the confidence of the legislature and cannot prove majority support. This is a critical power that ensures the accountability of the government to the elected assembly.
Conclusion
Based on the analysis:
- Statement 1 is correct.
- Statement 2 is incorrect.
- Statement 3 is correct.
Thus, the correct answer is option 'B' (1 and 3 Only), as only these two statements accurately reflect the powers of the Governor in the Indian political system.

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.

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.

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.

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.

• 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.