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Consider the following statements. 
1. A Minister must countersign an order of the Governor for a public act 
2. The judiciary can scrutinize the nature of advice rendered by the ministers to the Governor 
Which of these statements is/are correct?
  • a)
    1 Only
  • b)
    2 Only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements. 1. A Minister must countersign an ...
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.
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Consider the following statements. 1. A Minister must countersign an ...
Explanation:

Statement 1: A Minister must countersign an order of the Governor for a public act
This statement is incorrect. A Governor can act without the aid and advice of the Council of Ministers in certain circumstances. For example, while appointing the Chief Minister, dismissing a government, reserving a bill for the consideration of the President, etc. In such cases, the Governor does not require the countersignature of a minister.

Statement 2: The judiciary can scrutinize the nature of advice rendered by the ministers to the Governor
This statement is also incorrect. The Constitution provides for the concept of ministerial responsibility. According to this concept, the Council of Ministers is collectively responsible to the legislature for all its decisions and actions. However, the Constitution does not provide for the judiciary to scrutinize the advice rendered by the ministers to the Governor. The judiciary can only review the actions of the Governor or the Council of Ministers if they violate the provisions of the Constitution.

Therefore, both the statements are incorrect and the correct answer is option 'D' - Neither 1 nor 2.
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