GK Questions

Article 361: Governor enjoys immunity: (a) no criminal proceedings during term, (b) no arrest/imprisonment, (c) civil proceedings allowed with 2-month notice. Ensures Governor can perform constitutional duties without harassment. Immunity ends after tenure; post-tenure accountability remains.

Article 165: Governor appoints Advocate General (AG) who must be qualified to be High Court judge. AG is highest law officer of State, advises government, represents State in courts, has right to speak in State Legislature but no vote. Holds office during Governor's pleasure.

Article 164(1A), inserted by 91st Amendment (2003): State Council strength cannot exceed 15% of Assembly strength (minimum 12 for small States). Also bars defectors from being appointed ministers until re-elected. These curb horse-trading and excessive ministerial berths at State level.

Article 164(2): Council of Ministers is collectively responsible to Legislative Assembly (not Council). This means: (a) Ministry falls if Assembly passes no-confidence motion, (b) Ministers defend policies jointly, (c) CM's resignation dissolves entire Council. Cornerstone of parliamentary democracy at State level.

Article 167: CM shall communicate to Governor all Council decisions on State administration and legislative proposals; furnish information called by Governor; submit matters for Council consideration if Governor requires. Mirrors Article 78 for Union, ensuring coordination between nominal and real executive at State level.

Article 164(1): Governor appoints CM, but convention dictates appointing leader of majority party/coalition in Legislative Assembly (Vidhan Sabha). In hung assemblies, Governor exercises discretion to appoint person most likely to command majority. CM then advises Governor on appointment of other ministers.

Article 161: Governor can grant pardons, reprieves, respites, remissions for offences against State law. However, Governor cannot pardon: (a) court-martial punishments, (b) death sentences (only President under Article 72 can pardon death sentences). This division prevents conflicting clemency decisions.

Article 163: Governor generally acts on Cabinet advice, but has situational discretion: (a) appointing CM when no party has clear majority, (b) dismissing ministry losing majority, (c) recommending President's Rule under Article 356. Sarkaria Commission (1988) outlined guidelines for exercising these powers impartially.

Article 213: Governor's ordinance power mirrors President's under Article 123. Ordinances have same force as State Acts but cease to operate 6 weeks after Legislature reassembles, or earlier if disapproved. Governor cannot issue ordinance without Cabinet advice except in rare discretionary situations.

Article 200: Governor may reserve certain Bills for President's consideration: (a) Bills derogating HC powers, (b) Bills on Concurrent List conflicting with Union law, (c) Bills against DPSP or national interest. President may assent, withhold assent, or direct Governor to return Bill (if not Money Bill).

Article 217: High Court judges are appointed by President (not Governor) after consultation with CJI, Governor of State, and CJ of HC. Governor appoints CM (Article 164), Advocate General (Article 165), SPSC Chairman/members (Article 316), and other State officers. Understanding appointment authorities is crucial.

Article 156: Governor holds office during pleasure of President (can be removed anytime without reasons), but normally serves 5-year term. Can resign by writing to President. Supreme Court in BP Singhal case (2010) held that pleasure doctrine is not arbitrary; removal must be for compelling reasons.

Article 157-158: Qualifications for Governor: (a) citizen of India, (b) completed 35 years of age. No requirement of State residency. In fact, convention dictates that Governor should be an 'outsider' to maintain impartiality and avoid local political entanglements.

Article 155: Governor is appointed by the President by warrant under his hand and seal. Though appointed by President, Governor is not an employee of Union government. Conventionally, President consults State CM, but consultation is not mandatory as per Constitution.

Article 249: Rajya Sabha can pass resolution by 2/3 majority of members present and voting, declaring it expedient in national interest that Parliament should legislate on State List subject. Resolution valid for 1 year, renewable. Enables Union legislation on State subjects without Emergency, respecting federal flexibility.

Public Accounts Committee (PAC): 22 members (15 from Lok Sabha, 7 from Rajya Sabha), elected by proportional representation. Chairperson from Opposition by convention (since 1967-68). Examines CAG reports on government expenditure, ensuring financial accountability. Oldest parliamentary committee (established 1921).

Rule 198 of Lok Sabha Rules: No-confidence motion against Council of Ministers can be introduced only in Lok Sabha (as Council is collectively responsible to it under Article 75(3)). Requires support of at least 50 members for admission. If passed, Council must resign. Rajya Sabha cannot remove government directly.

Committee on Subordinate Legislation (1953) examines whether executive's rule-making powers (delegated by Parliament) are within constitutional limits, not usurping legislative functions, and conform to parent Act. Ensures executive doesn't overreach while implementing laws. Both Lok Sabha and Rajya Sabha have separate committees.

Article 169: Parliament can create/abolish State Legislative Council (upper house) by law, if State Assembly passes resolution by special majority (2/3 of members present and voting). Council is permanent body with 1/3 members retiring every 2 years. Currently, 6 States have Councils: UP, Bihar, Maharashtra, Karnataka, Telangana, Andhra Pradesh.

52nd Amendment (1985) inserted Tenth Schedule: Members disqualified if (a) voluntarily give up party membership, or (b) vote/abstain contrary to party whip without prior permission. Exceptions: merger of 2/3 members, independent members joining party post-election, nominated members joining party after 6 months. Speaker/Chairman decides disqualification.