The Governor

Total Questions: 49

31. The approval of ordinance promulgated by Governor is necessary - [U.P.P.C.S. (Spl) (Mains) 2008]

(a) By President.
(b) By the State Legislature.
(c) By the Ministers of Council of State.
(d) None of the above.

Correct Answer: (b) By the State Legislature.

Solution:Article 213 of the Constitution prescribes the power of Governor to promulgated Ordinance. It shall have the same force and effect as an Act of the Legislature of the State assented by the Governor, but every such Ordinance shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it, is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council.

32. Under which Article of Constitution of India, the Governor has the power to promulgate ordinances during recess of Legislature? [M.P.P.C.S (Pre) 2018]

(a) 155
(b) 156
(c) 212
(d) 213

Correct Answer: (d) 213

Solution:Article 155-Appointment of Governor. The Governor shall be appointed by the President by warrant under his hand and seal.

Article 156-Term of office of Governor - The Governor shall hold office during the Pleasure of the President [Article 156 (1)].

Article 212 - prohibits courts from inquiring into proceeding of the legislature.

Article 213 - the Article empowers Governors to promulgate ordinances on urgent matter during recess of Legislature.

33. Who among the following is not appointed by the State Governor? [Uttarakhand P.C.S. (Pre) 2012]

(a) Chief Minister
(b) Members, State Public Service Commission
(c) Judges of High Court
(d) Advocate General

Correct Answer: (c) Judges of High Court

Solution:Every Judge of a High Court is appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, by the Chief Justice of the High Court. While members of the Public Service Commission and the Advocate General is appointed by the Governor on the advice of the Chief Minister.

34. Consider the following statements and select your answer from the codes given below: [U.P.P.C.S. (Pre) 2017]

1. The Governor does not have the power to appoint the judge of a state High Court.

2. He is not a part of the Legislature.

3. He has the power to nominate some members in the Legislative Council.

4. He has no judicial powers.

(a) 1 and 2 are correct
(b) 1 and 3 are correct
(c) 2 and 4 are correct
(d) All are correct

Correct Answer: (b) 1 and 3 are correct

Solution:The governor does not have the power to appoint the Judges of a state High Court. According to Article 217(1) the Chief Justice of a High Court is appointed by the President after consultation with the Chief Justice of India and the Governor of the State, and in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the concerned High Court is also consulted. According to Article 171(3)(e), the Governor can nominate some members in the Legislative council. Article 161 empowers the Governor to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends. (*) The state Legislature по consists of the Governor, the Upper house (if the system is bicameral) and the Lower house.

35. Which one of the following Statements about the State Governors is not true? [U.P.P.C.S. (Mains) 2005]

(a) He is a part of the State Legislature.
(b) He can pardon a sentence of death.
(c) He does not appoint Judges of the State High Court.
(d) He has no Emergency powers.

Correct Answer: (b) He can pardon a sentence of death.

Solution:According to Article 161, the Governor shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend remit or commute the sentence of any person convicted of any offence against any law, but the Governor is not empowered to pardon a sentence of death. All the given statements except statement (b) are accurate.

36. Given below are two statements, one is labelled as Assertion (A) and other is labelled as Reason (R). [U.P.P.C.S. (Spl) (Mains) 2004]

Choose the correct answer from code given below:

Assertion (A): "The President or a Governor cannot be sued in a Court of law for any act."

Reason (R) : "The President can be impeached, and the Governors may be dismissed for unconstitutional acts done."

Select the correct answer using the code given below:

Code:

(a) Both (A) and (R) are true, and (R) is the correct explanation of (A).
(b) Both (A) and (R) are true, but (R) is not a correct explanation of (A).
(c) (A) is true, but (R) is false.
(d) (A) is false, but (R) is true.

Correct Answer: (d) (A) is false, but (R) is true.

Solution:As per the Article 361 (2) No criminal proceedings shall be instituted or continued against the president or the Governor of a state in any court during its term of office. But under the provision of 361 (4) civil proceedings can be instituted against the president or the Governor of a state during its term of office after two months of giving written notice. Thus assertion (A) is wrong.

Article 61 of the Constitution mentions the procedure for impeachment of the President. According to Article 156(1), the Governor shall hold office at the pleasure of the President. He may be dismissed for unconstitutional acts. Thus Reason (R) is correct. So the correct answer is an option (d).

37. Consider the following statements: [I.A.S. (Pre.) 2018]

1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.

2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer: (c) Both 1 and 2

Solution:*Article 158 deals with the conditions of the Governor's office. It says "the emoluments and allowances of the Governor shall not be diminished during his term of office",

*Article 361 deals with the protection of President and Governors. It says "No criminal proceedings shall be instituted or continued against the President, or the Governor of a state, in any court during his term of office.

38. Which of the following is not true? [U.P.P.C.S. (Mains) 2016]

(a) The President or Governor is immune from legal action for officials acts.
(b) No Court can compel a Governor to perform any duty.
(c) A two month's notice in writing must be delivered to a Governor for bringing civil proceedings in respect of their personal acts.
(d) Courts are empowered to enquire the advice tendered by the Ministers to the President or Governor.

Correct Answer: (d) Courts are empowered to enquire the advice tendered by the Ministers to the President or Governor.

Solution:According to Article 74(2), the question of whether any and if so what advice was tendered by Ministers to the President shall not be inquired into any Court. So option (d) is not correct while other options are correct.

39. The Constitution of India does not contain any provision for the impeachment of - [U.P.P.C.S. (Mains) 2009]

(a) The President
(b) The Governor of a State
(c) The Chief Justice of India
(d) The Vice-President of India

Correct Answer: (b) The Governor of a State

Solution:The Governor of a State is appointed by the President by warrant under his hand and seal. He holds the office during the pleasure of the President. The President may be removed from Office by impeachment in the manner provided in Article 61. A Vice-President may be removed from his office by a resolution of the council of states passed by a majority of all the then members of the committee and agreed to by the House of the People (Article 67). Chief Justice of India shall not be removed from his office except by an order of the President Passed after an address by each house of Parliament supported by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present voting has been presented to the President in the same session for such removal on the ground of Proved misbehaviour or incapacity (Article-124(4). A President, Vice-President can be removed for violating of the Constitution of India.

Note: Impeachment word is used only to remove the President. It is not used in India for any other authority other than the President.

40. The first lady to become Governor of a State in India - [Chhattisgarh P.C.S. (Pre) 2003, M.P.P.C.S. (Pre) 1995]

(a) Raj Kumari Amrit Kaur
(b) Padmaja Naidu
(c) Sarojini Naidu
(d) Serla Grewal

Correct Answer: (c) Sarojini Naidu

Solution:Sarojini Naidu was the first woman to become the Governor of a State in India. After Independence, she became the Governor of Uttar Pradesh and died in office in 1949. She became the first woman Governor of Uttar Pradesh.

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