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Answer: Governor
Article 164(1): Ministers hold office during pleasure of Governor. Since Governor acts on CM's advice (Article 163), this effectively means CM can dismiss ministers anytime. CM's own tenure depends on commanding Assembly majority; loss of majority typically leads to resignation or dismissal.
Answer: True
Article 153 (as amended by 7th Amendment, 1956): Same person can be appointed Governor of two or more States. This provision enables administrative flexibility, especially for small States or during transitional periods. Emoluments are shared between States as determined by President.
Answer: Governor
Article 164(3) and Third Schedule: CM and Ministers take oath before Governor. Oath includes: (a) bear true faith to Constitution, (b) uphold sovereignty and integrity of India, (c) faithfully discharge duties, (d) maintain confidentiality. Formalizes constitutional commitment at State level.
Answer: must
Article 200: Governor has three veto types: (a) Absolute veto - withhold assent, (b) Suspensive veto - return Bill for reconsideration (if repassed, Governor must assent), (c) Reserve for President. Unlike President, Governor has no pocket veto; must act within reasonable time on Bills.
Answer: True
Article 174: Governor summons/prorogues Assembly and can dissolve it. Convention dictates Governor accepts CM's advice on dissolution if CM commands majority. However, in ambiguous situations (e.g., loss of majority), Governor may exercise discretion to explore alternative government before dissolving.
Answer: Article 356
Article 356: If Governor is satisfied that State government cannot function per Constitution, they may report to President. President may then proclaim President's Rule (State Emergency), assuming State executive functions. SR Bommai case (1994) laid down guidelines to prevent misuse of this provision.
Answer: Cabinet
Article 316: Governor appoints SPSC Chairman/members after consulting State Cabinet (headed by CM). CM also chairs State Development Council, Disaster Management Authority, and other key bodies. CM's leadership centralizes policy coordination at State level, mirroring PM's role at Union.
Answer: True
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.
Answer: Article 165
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.
Answer: 15
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.
Answer: True
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.
Answer: Article 167
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.
Answer: Legislative Assembly
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.
Answer: False
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.
Answer: Appointing Chief Minister in hung assembly
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.
Answer: 6
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.
Answer: True
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).
Answer: Judge of High Court
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.
Answer: President
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.
Answer: False
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.