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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?
Verified Answer
Consider the following statements.1. A Minister must countersign an or...
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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Most Upvoted Answer
Consider the following statements.1. A Minister must countersign an or...
Understanding the Statements
To assess the correctness of the statements regarding the role of the Governor and the judiciary in India, let's break down each statement.
Statement 1: A Minister must countersign an order of the Governor for a public act
- In the Indian political system, the Governor acts on the advice of the Council of Ministers.
- However, there are certain powers vested in the Governor that do not require ministerial advice, such as appointments or certain legislative functions.
- Therefore, it is not correct to say that every order of the Governor must be countersigned by a Minister for it to be a public act.
Statement 2: The judiciary can scrutinize the nature of advice rendered by the ministers to the Governor
- The advice given by ministers to the Governor is considered a part of the executive function.
- The judiciary generally refrains from interfering in matters of advice rendered to the Governor, as this falls under the purview of the executive and is protected from judicial scrutiny.
- Thus, the judiciary does not have the authority to assess or scrutinize the nature of such advice.
Conclusion
Based on the analysis of both statements:
- Statement 1 is incorrect because not all orders require countersigning by a Minister.
- Statement 2 is also incorrect as the judiciary does not have the power to scrutinize the advice given to the Governor.
Therefore, the correct answer is option 'D': Neither 1 nor 2.
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