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Consider the following statements.
1. The executive power of the state vests with the Governor.
2. According to the Constitution, under no circumstance the Governors can act independent of the advice of the council of ministers.
Which of the above statements is/are correct?
  • a)
    1 only 
  • b)
    2 only 
  • c)
    Both 1 and 2 
  • d)
    Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements.1. The executive power of the state ...
Understanding the Statements
The question revolves around the powers and functions of the Governor in a state as per the Constitution of India. Let's analyze each statement individually.
Statement 1: The executive power of the state vests with the Governor.
- This statement is correct.
- Article 154 of the Indian Constitution states that the executive power of the state shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him.
Statement 2: According to the Constitution, under no circumstance the Governors can act independent of the advice of the council of ministers.
- This statement is incorrect in its absolute assertion.
- While Article 163 mandates that the Governor must act according to the advice of the council of ministers, there are specific circumstances where the Governor can act independently, particularly in matters related to the appointment of the Chief Minister, or when there is a breakdown of the constitutional machinery in the state.
Conclusion
- Given the analysis, only the first statement is correct. Therefore, the correct answer is option 'A'.
Summary
- Statement 1 is correct: Executive power vests with the Governor.
- Statement 2 is incorrect: Governors can act independently under certain circumstances.
This differentiation is crucial in understanding the constitutional provisions regarding the powers of the Governor in Indian states.
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Community Answer
Consider the following statements.1. The executive power of the state ...
Though according to Article 153, the executive power of the state vests with governor, he is bound to act under the aid and advice of the council of ministers headed by the chief minister.
The Supreme Court has ruled umpteen times that governors cannot act independent of the advice of the council of ministers except in specified areas where the Constitution has entrusted them with discretionary powers.
The governor can also discard the aid and advice of the council of ministers, if specifically permitted by the president, when a state of emergency is declared under Article 353.
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Consider the following statements.1. The executive power of the state vests with the Governor.2. According to the Constitution, under no circumstance the Governors can act independent of the advice of the council of ministers.Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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