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CLAT Exam  >  CLAT Questions  >   The Governor of a State is appointed by the ... Start Learning for Free
The Governor of a State is appointed by the President on the advice of the
  • a)
    Prime Minister
  • b)
    Vice- President
  • c)
    Chief Minister
  • d)
    Chief Justice
Correct answer is option 'A'. Can you explain this answer?
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Most Upvoted Answer
The Governor of a State is appointed by the President on the advice o...
At the state level, there is a Governor in whom the executive power of the State is vested by the Constitution. But the Governor acts as a nominal head, and the real executive powers are exercised by the Council of Ministers headed by the Chief Minister. The Governor of a State is appointed by the President of India.
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The Governor of a State is appointed by the President on the advice o...
The correct answer is option 'A'. The Governor of a State is appointed by the President on the advice of the Prime Minister. Let's understand why this is the correct answer in detail.

- The Governor is the constitutional head of a state and represents the President at the state level. They play a crucial role in the administration and governance of a state.

- The appointment of the Governor is mentioned in Article 155 of the Indian Constitution. According to this article, the Governor is appointed by the President of India. The President has the power to appoint the Governor of a state.

- However, the President doesn't have absolute discretion in the appointment of the Governor. The appointment is made on the advice of the Prime Minister.

- The Prime Minister is the head of the Council of Ministers and the chief advisor to the President. The President usually acts on the advice of the Council of Ministers in most matters, including the appointment of Governors.

- The Prime Minister, along with the Council of Ministers, collectively represents the executive branch of the government. They are responsible for the day-to-day administration of the country.

- The Chief Minister, on the other hand, is the head of the state government. They are responsible for the administration and governance of the state. The Chief Minister is not involved in the appointment of the Governor.

- Similarly, the Vice-President is not directly involved in the appointment of the Governor. The Vice-President is the second-highest constitutional office in the country and acts as the vice-president to the President.

- The Chief Justice is the head of the judiciary and is responsible for the administration of justice. The Chief Justice is not involved in the appointment of the Governor.

- Therefore, based on the provisions of the Indian Constitution and the roles of different constitutional authorities, the correct answer to the question is option 'A' - the Governor of a State is appointed by the President on the advice of the Prime Minister.
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There is considerable controversy over the role of the governor. The governors under the Government of India Act 1935 were by the Raj, of the Raj and for the Raj. The constituent assembly wanted elected governors as proposed by a sub-committee of B.G. Kher, K.N. Katju and P. Subbarayan. Ironically, Katju was later appointed governor of West Bengal, even though he clearly took the view that the office should be apolitical. The draft constitution of 1948 was ambivalent – the drafting committee leaving it to the constituent assembly to decide whether governors should be elected or nominated.Babasaheb Ambedkar contradicted himself in saying that the governor would be just a symbol and also have discretionary powers. On May 30-31, 1949, Brijeshwar Prasad moved an amendment that the governor be appointed by the president. K.M. Munshi supported the proposal and Nehru intervened to say that “in the present context of the constitution, [it] was not only desirable from a practical point of view but from a democratic point of view too, it was worthwhile and desirable”. In the end, Ambedkar settled the debate by saying that the governor’s powers would be circumscribed by the constitution and statute. Tactically, he left it to the constituent assembly, knowing that the amendment would be carried.Clearly, his optimistic assumption that governors would be bound in their discretion was way off the mark. The various speeches on the governor by independent members expressing concern about the governor’s powers and fearing he or she would become an agent of the Centre were more on target.We have to find a new method of appointing governors. Consultation with the state government may not be enough. Many state governments may be supportive of the government in power in Delhi. All designated governors should be summoned before the Rajya Sabha for confirmation. It does not matter if the ruling party has a majority in the house. Each governor will be thoroughly interrogated, investigated and judged on suitability. Such a procedure should be inserted by amendment.Elections are India’s greatest strength. The electorate speaks with perception, mood swings influenced by canvassing and sees to its own interest. But the cause of elections perishes if governors and union ministers behave, in Kipling’s phrase, “as bandar log without the law”. Today, governors are guilty of immense political corruption violating constitutional principles. They have demonstrated no concern for democracy or democratic principles or the importance of a people’s mandate. The issue this raises, beyond that of who became chief minister, is how governors ought to be selected. Principles emerge from good practices not bad ones. Good principles recognise constitutionalism and democracy.Q.The Constituent Assembly agreed to what method for selection of the Governor?

There is considerable controversy over the role of the governor. The governors under the Government of India Act 1935 were by the Raj, of the Raj and for the Raj. The constituent assembly wanted elected governors as proposed by a sub-committee of B.G. Kher, K.N. Katju and P. Subbarayan. Ironically, Katju was later appointed governor of West Bengal, even though he clearly took the view that the office should be apolitical. The draft constitution of 1948 was ambivalent – the drafting committee leaving it to the constituent assembly to decide whether governors should be elected or nominated.Babasaheb Ambedkar contradicted himself in saying that the governor would be just a symbol and also have discretionary powers. On May 30-31, 1949, Brijeshwar Prasad moved an amendment that the governor be appointed by the president. K.M. Munshi supported the proposal and Nehru intervened to say that “in the present context of the constitution, [it] was not only desirable from a practical point of view but from a democratic point of view too, it was worthwhile and desirable”. In the end, Ambedkar settled the debate by saying that the governor’s powers would be circumscribed by the constitution and statute. Tactically, he left it to the constituent assembly, knowing that the amendment would be carried.Clearly, his optimistic assumption that governors would be bound in their discretion was way off the mark. The various speeches on the governor by independent members expressing concern about the governor’s powers and fearing he or she would become an agent of the Centre were more on target.We have to find a new method of appointing governors. Consultation with the state government may not be enough. Many state governments may be supportive of the government in power in Delhi. All designated governors should be summoned before the Rajya Sabha for confirmation. It does not matter if the ruling party has a majority in the house. Each governor will be thoroughly interrogated, investigated and judged on suitability. Such a procedure should be inserted by amendment.Elections are India’s greatest strength. The electorate speaks with perception, mood swings influenced by canvassing and sees to its own interest. But the cause of elections perishes if governors and union ministers behave, in Kipling’s phrase, “as bandar log without the law”. Today, governors are guilty of immense political corruption violating constitutional principles. They have demonstrated no concern for democracy or democratic principles or the importance of a people’s mandate. The issue this raises, beyond that of who became chief minister, is how governors ought to be selected. Principles emerge from good practices not bad ones. Good principles recognise constitutionalism and democracy.Q.What was the role assigned to Governors under the British Raj?

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The Governor of a State is appointed by the President on the advice of thea)Prime Ministerb)Vice- Presidentc)Chief Ministerd)Chief JusticeCorrect answer is option 'A'. Can you explain this answer?
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