UPSC Previous Year Questions (Prelims): Governor | Indian Polity for UPSC CSE PDF Download

Correct Answer is Option (d)
The Indian Constitution grants legal immunities and privileges to ensure the independent functioning of constitutional offices and legislative bodies.
​Statement I: Correct
Under Article 361(1), the Governor is not accountable to any court for actions performed in their official capacity.
Statement II: Correct
Article 361(2) prohibits the initiation or continuation of criminal proceedings against a Governor during their term of office.
Statement III: Correct
Article 194(2) provides immunity to State Legislators for statements made or votes cast in the State Legislature or its committees.

Correct Answer is Option (a)
The Constitution grants the Governor discretionary powers in specific situations, such as reserving a state bill for the President’s consideration under Article 200 or appointing a Chief Minister in a hung assembly. These discretionary actions are final, as per Article 163(2). However, the President cannot independently intervene in state legislation without the Governor’s involvement, as only the Governor has the authority to reserve a bill for the President under Article 200.
Evaluation:

• Statement I: Correct – The Governor can exercise discretion in cases like reserving bills or appointing a Chief Minister in a hung assembly, and Article 163(2) upholds the finality of such decisions.
• Statement II: Incorrect – The President cannot unilaterally reserve a state bill for consideration; this power lies solely with the Governor under Article 200.

Correct Answer is Option (a)
Under Article 368(2) of the Constitution, amendments that affect the federal structure require ratification by at least half of the State Legislatures. This includes changes to the Union List in the Seventh Schedule, as it alters the federal balance of power, and modifications to the extent of a state’s executive power, which impacts the distribution of authority between the Centre and States. However, amendments concerning the conditions of the Governor’s office do not require state ratification.
Evaluation:

• Statement I: Correct – Amending the Union List in the Seventh Schedule affects the federal structure, necessitating ratification by at least half of the State Legislatures.
• Statement II: Correct – Changes to the extent of a state’s executive power impact the Centre-State power distribution, requiring state ratification.
• Statement III: Incorrect – Alterations to the conditions of the Governor’s office do not affect the federal structure and thus do not require state ratification.

Correct Answer is Option (c)

• Governor can address the state legislature at the commencement of the first session after each general election and the first session of each year. So #1 is right.
• Article 208 of the Constitution: A House of the Legislature of a State may make rules for regulating subject to the provisions of this Constitution, its procedure and the conduct of its business. Thus, it’s not mandated in the Constitution for the State legislature to (ALWAYS) follow/ copy the rules of Lok Sabha. So, #2 is wrong. Thus, answer A: only 1.
• Counterview: As per IndianExpress Article in 2016-September, second statement is correct so answer should be C: Both 1 and 2.
• Final verdict: UPSC official Answer key says “C: both statements are correct”.

Correct Answer is Option (c)
Centre-State relations:

• While selecting Governors, the Central Government should adopt the following strict guidelines as recommended in the Sarkaria Commission report: He should be a detached figure and not too intimately connected with the local politics of the states.

Correct Answer is Option (c)

• Governor enjoys personal immunity from legal liability for his official acts. During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts. He cannot be arrested or imprisone(d)
• His emoluments and allowances cannot be diminished during his term of office. Thus both statements are right.

Correct Answer is Option (d)
The maximum strength of the legislative council is fixed at one third of the total strength of the legislative assembly and the minimum strength is fixed at 40. The chairman of the legislative council is elected by the council itself from amongst its members.

Correct Answer is Option (b)
The governor has Constitutional discretion in cases of Reservation of bill for consideration of the President and Recommendation of the imposition of President's rule. Therefore, statement 1 and 3 are definitely right. Moreover Governor only appoints those persons as ministers who are recommended by the Chief Minister. So Governor doesn’t have “Discretion” in appointment of the minister. Therefore 2 is wrong.

Correct Answer is Option (c)
No procedure has been laid down in the constitution of India for the removal of a governor from his/her post.