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Consider the following statements.
  1. The Constitution of India prohibits the court from initiating proceedings against a Governor or the President for any act done in exercise of their powers.
  2. The Constitution of India does not fix any timeline for the Governor to decide the question of assent to a Bill.
  3. Governor’s action of withholding assent to a Bill cannot be struck down as unconstitutional by the courts.
Which of the above statements is/are correct?
  • a)
    2, 3 
  • b)
    1, 2 
  • c)
    1 only 
  • d)
    1, 2, 3
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements. The Constitution of India prohibits...
Has the power to appoint the Chief Minister of a state and can dismiss the Chief Minister if necessary. According to the Constitution of India, the Governor is appointed by the President of India.
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Consider the following statements. The Constitution of India prohibits...
Article 361 of the Constitution prohibits the court from initiating proceedings against a Governor or the President for any act done in exercise of their powers. They enjoy complete immunity from court proceedings.
It may be noted that the Governor while declaring that he withholds assent will have to disclose the reason for such refusal. If the grounds for refusal disclose mala fide or extraneous considerations or ultra vires, the Governor’s action of refusal could be struck down as unconstitutional. This point has been settled by a Constitution bench of the Supreme Court in Rameshwar Prasad and Ors. vs Union Of India and Anr.
Since the Constitution does not fix any timeline for the Governor to decide the question of assent, he can wait for any length of time without doing anything. Not fixing any time line does not and cannot mean that the Governor can indefinitely sit on the Bill that has been passed by an Assembly.
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Consider the following statements. The Constitution of India prohibits the court from initiating proceedings against a Governor or the President for any act done in exercise of their powers. The Constitution of India does not fix any timeline for the Governor to decide the question of assent to a Bill. Governor’s action of withholding assent to a Bill cannot be struck down as unconstitutional by the courts.Which of the above statements is/are correct?a)2, 3b)1, 2c)1 onlyd)1, 2, 3Correct answer is option 'B'. Can you explain this answer?
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