Laxmikanth Test: Governor - UPSC MCQ

1. Governor can return a Money Bill for reconsideration to the State Legislature: Incorrect.

- The Governor can return a Non-Money Bill for reconsideration but not a Money Bill. Money Bills can only be introduced with the prior recommendation of the Governor, and once passed by the legislature, the Governor must give assent without the option to return it.

2. Governor can promulgate Ordinances when the State Legislature is not in session: Correct.

- The Governor has the power to promulgate Ordinances when the State Legislature is not in session. These Ordinances must be approved by the State Legislature within six weeks of reassembly.

3. Governor can make advances out of the Contingency Fund of India to meet unforeseen expenditure: Incorrect.

- The Governor makes advances out of the Contingency Fund of the State, not the Contingency Fund of India, to meet unforeseen expenditure.

4. Governor is consulted by the President while appointing judges of the State High Courts: Correct.

- The President consults the Governor of the respective state while appointing judges to the State High Courts.

Thus, only pairs 2 and 4 are correctly given.

Governor constitutes a finance commission after every five years to review the financial position of the panchayats and the municipalities.

1. The first statement is correct. The Governor has the authority to return a Non-Money Bill for reconsideration by the State Legislature, but this can only be done once.

2. The second statement is also correct. The Governor must reserve a Bill for the consideration of the President if it endangers the position of the High Court, among other specified conditions.

3. The third statement is incorrect. The Governor needs to consult the High Court before appointing persons to the Judicial Services of the State.

Thus, the correct answer is Option B

Pair 1: Governor appoints the Chief Minister of the state.

- Correct. The Governor appoints the Chief Minister, who is generally the leader of the majority party in the legislative assembly.

Pair 2: Governor appoints the President of India.

- Incorrect. The President of India is elected by an electoral college consisting of the elected members of both Houses of Parliament as well as the elected members of the Legislative Assemblies of States and Union territories.

Pair 3: Governor appoints the State Election Commissioner.

- Correct. The Governor appoints the State Election Commissioner who is responsible for the conduct of elections to the local bodies within the state.

Pair 4: Governor appoints the Vice-Chancellors of State Universities.

- Correct. The Governor, who is also the Chancellor of State Universities, appoints the Vice-Chancellors.

Thus, pairs 1, 3, and 4 are correctly matched.

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.

Statement-I: The Governor can grant pardons, respites, and remissions of punishments.

• This statement is generally correct. Governors in many countries, including India, have the power to grant pardons, respites (temporary delays in carrying out a sentence), and remissions (reductions in the severity of a sentence).

Statement-II: The Governor can promulgate ordinances when the State Legislature is not in session.

• This statement is also correct. In India, under Article 213 of the Constitution, the Governor of a state has the power to promulgate ordinances when the State Legislature (either one or both houses) is not in session and immediate action is required.

Therefore, the correct answer is Option 3: Both Statement-I and Statement-II are correct and Statement-II does not explain Statement-I.

(1) The election of Governor would create separatists tendencies and thus affect the political stability and unity of the country. 

(2) The system of presidential nomination enables the Center to maintain its control over the states 

(3) It can create a serious problem of leadership at the time of a general election in the state.

Statement-I correctly identifies the Governor's role as the chief executive head of the State and as an agent of the Centre in the State, as per the constitutional provisions. Statement-II accurately describes the appointment process of the Governor by the President for a maximum term of 5 years and the Governor's ability to resign by submitting resignation to the President. However, Statement-II does not directly explain Statement-I but provides additional information related to the Governor's appointment and resignation procedures. Hence, both statements are correct individually, but Statement-II does not offer an explanation for Statement-I, making option (b) the correct answer.

1. Statement 1 is correct: The Governor has the power to recommend the imposition of Constitutional emergency (President's Rule) in the state to the President of India if he/she believes that the state's governance cannot be carried out according to the provisions of the Constitution.

2. Statement 2 is correct: The Governor has the authority to summon or prorogue the state legislature and also to dissolve the state legislative assembly.

3. Statement 3 is incorrect: The Governor appoints the Chief Minister and other ministers to serve at his/her pleasure, not at the pleasure of the President.

Thus, the correct answer is Option B

Correct option is C. Both 1 and 2 are correct.
1.The President can make such provision as he thinks fit for the discharge of the functions of the governor in any contingency not provided for in the Constitution, for example, the death of a sitting governor.

2.The Chief Justice of the concerned state high court may be appointed temporarily to discharge the functions of the governor if the President thinks. The idea is that there must be Governor in the state and it can not be vacant.

The correct option is:

2. Statement-I is correct, but Statement-II is incorrect

Explanation:

• Statement-I is correct. The Governor of a state has the power to give assent to a bill, return a non-money bill for reconsideration by the Legislature (but only once), or reserve the bill for the consideration of the President, particularly if the bill endangers the position of the High Court or deals with certain sensitive matters like being ultra vires, opposed to the Directive Principles of State Policy (DPSP), against the larger interest of the country, or deals with Article 31A.

• Statement-II is incorrect because while it is true that the Governor ensures that the Annual Financial Statement is laid before the State Legislature and that Money Bills can only be introduced with her prior recommendation, the Governor cannot make advances out of the Contingency Fund of India. This is a power vested in the President of India, not the Governor. The Governor can make advances out of the state's contingency fund, not the Contingency Fund of India.

1. Statement-I: All executive actions of the State Government are taken in the Governor's name-This statement is correct. In India, the Constitution mandates that all executive actions of the State Government must be taken in the name of the Governor. This means that even though the actual decision-making and administration are carried out by the Chief Minister and the Council of Ministers, it is done in the name of the Governor.

2. Statement-II: The Governor appoints the Chief Minister and other ministers to serve at President's pleasure- This statement is incorrect  The Governor appoints the Chief Minister, generally the leader of the majority party. Ministers serve at the Governor's pleasure, not the President's, but the Governor acts on the advice of the Chief Minister and Council of Ministers.
   
   Thus, the correct answer is A: Statement-I is correct, but Statement-II is incorrect. 

1. Reservation of Bill for consideration of the President – Discretionary Power This is correctly matched. The Governor can reserve certain bills passed by the State Legislature for the consideration of the President, exercising discretion.

2. Seeking information from the Chief Minister on administrative matters – Discretionary Power This is correctly matched. The Governor has the power to seek information from the Chief Minister about the administrative and legislative matters of the state, which is a discretionary power.

3. Appointment of Chief Minister in a hung assembly – Discretionary Power This is correctly matched. In the event of a hung assembly, the Governor has the discretion to appoint the Chief Minister.

4. Promulgation of ordinances when the State Legislature is not in session – Discretionary Power This is incorrectly matched. The Governor can promulgate ordinances when the State Legislature is not in session, but this is done on the advice of the Council of Ministers and not at the Governor's discretion.

Only three pairs are correctly matched.

Let's analyze each statement in detail:

1. The Governor can recommend the imposition of President's Rule in the State.
- This statement is correct. According to the discretionary powers of the Governor, one such power is to recommend to the President the imposition of President's Rule in the State.

2. The Governor can make advances out of the Contingency Fund of India to meet unforeseen expenditure.
- This statement is incorrect. The Governor does not have the power to make advances out of the Contingency Fund of India; this is a power vested in the President of India for the Union government. The Governor may, however, use the state’s contingency fund for unforeseen expenditures, but not the Contingency Fund of India.

3. The Governor can dismiss the Council of Ministers when they cannot prove majority support.
- This statement is correct. The Governor has the discretionary power to dismiss the Council of Ministers if they are unable to prove majority support in the legislative assembly.

Therefore, the correct answer is Option B: 1 and 3 Only.

The correct answer is C. Both A & B.

• 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.

- One of the discretionary powers of the Governor is to advise the President for the proclamation of State Emergency.
- This power is used when a situation arises in a state that cannot be managed according to the provisions of the Constitution.
- The Governor assesses whether the state government is functioning according to constitutional provisions and can recommend President's Rule if necessary.
- This is a significant power as it directly impacts the state's governance and administration.