The Governor Archives

11. Which one of the following statements is correct?

Which one of the following statements is correct?

In India, the same person cannot be appointed as Governor for two or more States at the same time

The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President

No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post

In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support

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This question was previously asked in

UPSC IAS – 2013

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Statement C is correct. The Constitution of India does not lay down a specific procedure for the removal of a Governor from his/her post. Article 156(1) states that the Governor holds office during the pleasure of the President. This means the President can remove a Governor at any time without stating a reason.

A) Incorrect: Article 153 explicitly states that “nothing in this article shall prevent the appointment of the same person as Governor for two or more States.”
B) Incorrect: Judges of High Courts and the Supreme Court are appointed by the President, not the Governor of the State. The Governor is consulted in the appointment of High Court Judges.
D) Incorrect: In Union Territories with a legislative setup (like Delhi, Puducherry), the Chief Minister is appointed by the President, usually acting through the Lt. Governor, but the appointment is based on the majority support in the Assembly and formally made by the President. The Lt. Governor administers the UT on behalf of the President.

While the Constitution does not prescribe a procedure for removal, the Supreme Court in Rameshwar Prasad & Ors vs Union Of India & Anr (2006) ruled that the power to remove a Governor cannot be exercised arbitrarily or capriciously. Removal should be based on compelling reasons related to the Governor’s unsuitability or unfitness for office.

12. The landmark case of D. C. Wadhwa vs. State of Bihar in the Supreme Co

The landmark case of D. C. Wadhwa vs. State of Bihar in the Supreme Court is related to which one of the following powers of the Governor?

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To promulgate ordinances

To appoint a Chief Minister

To grant pardon, etc.

To revise the emoluments and allowances of the MLAs

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This question was previously asked in

UPSC CAPF – 2022

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The landmark case of D. C. Wadhwa vs. State of Bihar (1987) dealt with the executive power of the Governor to promulgate ordinances. The Supreme Court held that the practice of repeatedly re-promulgating ordinances without getting them passed by the legislature was a fraud on the Constitution and a violation of the constitutional scheme.

The ordinance-making power (Article 123 for the President, Article 213 for the Governor) is an emergency power to be used when the legislature is not in session. It is not intended to be a substitute for the legislative process.

The D.C. Wadhwa case emphasized the limits and conditional nature of the ordinance-making power, asserting judicial review over the exercise of this power, particularly in cases of repetitive re-promulgation without legislative consideration.

13. The Governor of a state may exercise discretionary powers when 1. he

The Governor of a state may exercise discretionary powers when

1. he or she is not convinced by the advice of the Council of Ministers
2. the Constitution requires him/her to act in his/her discretion in certain matters
3. he or she is appointed as the administrator of an adjoining Union Territory

Select the correct answer using the code given below :

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1, 2 and 3

1 and 2 only

2 and 3 only

3 only

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This question was previously asked in

UPSC CAPF – 2020

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The correct option is A, as the Governor may exercise discretionary powers in all three mentioned situations.

– Statement 1 is correct: While generally bound by the advice of the Council of Ministers, the Governor may use discretion in situations where the advice is not available or when they need to assess the political situation, such as selecting a Chief Minister when no single party has a clear majority, or dismissing a ministry that has lost confidence of the house. These actions can be described as the Governor acting when not convinced by the viability or constitutionality of the existing arrangement or advice.
– Statement 2 is correct: Article 163(1) explicitly states that the Governor acts on the aid and advice of the Council of Ministers “except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion”. There are several such specific requirements under the Constitution (e.g., reserving a bill for the President’s consideration under Article 200, recommending President’s Rule under Article 356 in case of breakdown of constitutional machinery).
– Statement 3 is correct: As per Article 239(2), when a Governor of a state is appointed as the administrator of an adjoining Union Territory, he exercises his functions as administrator independently of his Council of Ministers, i.e., in his discretion or on the advice of an Administrator’s Council if one exists.

The discretionary powers of the Governor are a significant feature of the Indian federal system, allowing the Governor to act independently of the state government in certain specific circumstances as defined by the Constitution or evolving political conventions. However, the exercise of discretionary powers has often been a subject of controversy and judicial review.

14. Which of the following is/are correct regarding the office of Governor

Which of the following is/are correct regarding the office of Governor in India ?

1. One Governor can act as Governor of more than one State
2. The Governor has the power to grant pardons, reprieves, remission of punishment to persons convicted under the State Law
3. The Governor is appointed by the President on the recommendation of the Chief Minister of the respective State

Select the correct answer using the code given below :

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1 and 2 only

1, 2 and 3

2 and 3 only

1 only

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This question was previously asked in

UPSC CAPF – 2014

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Statement 1 is correct. The 7th Constitutional Amendment Act of 1956 added a proviso to Article 153 stating that “nothing in this article shall prevent the appointment of the same person as Governor for two or more States.” Statement 2 is correct. Article 161 of the Constitution grants the Governor 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 relating to a matter to which the executive power of the State extends. Statement 3 is incorrect. Article 155 states that the Governor of a State shall be appointed by the President by warrant under his hand and seal. There is no constitutional provision requiring the President to appoint the Governor on the recommendation of the Chief Minister of the respective State. The Governor is appointed by the President, effectively on the advice of the Union government.

A single person can be appointed Governor of multiple states (Article 153 Proviso).
The Governor has pardoning power under State Law (Article 161).
The Governor is appointed by the President (Article 155), not on the recommendation of the state’s Chief Minister.

The office of the Governor is a constitutional office that serves as the representative of the Union government in the state. The appointment process has sometimes been a subject of debate regarding centre-state relations and the independence of the Governor’s office.

15. Consider the following statements: 1. According to the Indian Const

Consider the following statements:

1. According to the Indian Constitution, the same person cannot be appointed as Governor for two or more States at the same time.
2. The Supreme Court of India has held that a person appointed as Governor of a State cannot be transferred to another State for the rest of his tenure.
3. The Governor’s salary and allowances are charged on the Consolidated Fund of India.
4. In the event of the resignation of a Governor, the duties of the office are performed by the senior-most Judge of the Supreme Court.

Which of the statements given above is/are correct?

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1 and 2

1 and 3

2 and 4

None

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This question was previously asked in

UPSC CAPF – 2010

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None of the statements regarding the Governor are correct.

Statements about the Governor’s appointment for multiple states, transfer, salary source, and succession are often testing points on the nuances of the constitutional office.

1. The 7th Constitutional Amendment Act of 1956 enabled the appointment of the same person as Governor for two or more States (Article 153). So, statement 1 is false.
2. A Governor holds office during the pleasure of the President and can be transferred from one state to another. The Supreme Court has upheld this power. So, statement 2 is false.
3. The salary and allowances of the Governor are charged on the Consolidated Fund of the State (Article 202(3)(a)). If appointed for two or more states, the salary and allowances payable to him are allocated among the States in such proportion as the President may by order determine (Article 158(3A)). They are not charged on the Consolidated Fund of India. So, statement 3 is false.
4. In the event of the death or resignation of a Governor, or in other contingencies, the Chief Justice of the concerned State High Court (or in his absence, the senior-most Judge of that High Court available) usually performs the duties of the Governor until a new Governor is appointed or the existing one resumes duty. The senior-most Judge of the Supreme Court performs the duties of the President in specific circumstances (Article 65). So, statement 4 is false.

16. Who among the following personalities is NOT a Governor of any Indian

Who among the following personalities is NOT a Governor of any Indian State ?

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Najma Heptulla

Ram Nath Kovind

Acharya Dev Vrat

Arvind Subramaniam

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This question was previously asked in

UPSC NDA-1 – 2017

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Arvind Subramaniam is NOT a Governor of any Indian State.

Let’s examine the roles of the other personalities:
A) Najma Heptulla was the Governor of Manipur from August 2016 to August 2021.
B) Ram Nath Kovind was the Governor of Bihar from August 2015 to June 2017, before becoming the President of India.
C) Acharya Dev Vrat was the Governor of Himachal Pradesh from 2015 to 2019 and is currently the Governor of Gujarat (since 2019).
D) Arvind Subramaniam was the Chief Economic Advisor to the Government of India from 2014 to 2018. He is an economist and has never held the position of a state governor.

This question tests awareness of prominent public figures and their roles. The role of a Governor of an Indian state is a constitutional post, appointed by the President of India. The Chief Economic Advisor is a key position within the Ministry of Finance, providing economic advice to the government.

17. Who among the following appoints the Advocate-General for a state?

Who among the following appoints the Advocate-General for a state?

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Chief Justice of the High Court of the state

Chief Justice of the Supreme Court

Governor of the state

Attorney General

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Answer is Wrong!

This question was previously asked in

UPSC Geoscientist – 2021

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Article 165 of the Constitution of India states that the Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State. The Advocate-General holds office during the pleasure of the Governor and receives remuneration as determined by the Governor.

The Governor is the appointing authority for the Advocate-General of a state.

The Advocate-General is the principal legal advisor to the state government and is entitled to speak in the state legislature (though not to vote) and to have audience in all courts within the state.

18. Which of the following is / are the financial power(s) of the Governor

Which of the following is / are the financial power(s) of the Governor?

1. A Money Bill can be introduced in the Legislative Assembly only on the recommendation of the Governor
2. No demand for a grant can be made without the recommendation of the Governor
3. The supplementary, additional or excess grants are laid down with the recommendation of the Governor

Select the correct answer using the code given below:

1 only

2 and 3 only

1, 2 and 3

1 and 3 only

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This question was previously asked in

UPSC Geoscientist – 2021

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All three statements describe financial powers of the Governor as outlined in the Constitution of India.
1. Article 207(1) states that a Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 199 shall not be introduced or moved in a House of the Legislature of a State except on the recommendation of the Governor. These matters constitute a Money Bill.
2. Article 203(3) states that no demand for a grant shall be made except on the recommendation of the Governor.
3. Article 205(1) states that if any supplementary, additional, or excess grant is required, a demand shall be laid before the House(s) of the Legislature, and the provisions of Articles 203 and 204 (dealing with procedure in Financial matters) shall apply in relation to such demand as they apply in relation to a demand for a grant. This implies the necessity of the Governor’s recommendation.

The Governor’s recommendation is a prerequisite for the introduction of Money Bills and demands for grants, including supplementary, additional, or excess grants, in the State Legislature.

These powers are similar to those of the President at the Union level, reflecting the Governor’s role as the head of the state executive and guardian of the state’s finances within the legislative process.

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19. Which one of the following is NOT the ordinance making power of the

Which one of the following is NOT the ordinance making power of the Governor?

Governor shall have this power only when the legislature, or both Houses thereof, are not in session

The scope of ordinance making power is coextensive with the legislative powers of the state legislature

The Governor himself / herself shall not be competent to withdraw the ordinance at any time

It is not a discretionary power, but must be exercised with the aid and advice of Ministers

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This question was previously asked in

UPSC Geoscientist – 2021

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Article 213 of the Indian Constitution grants the Governor the power to promulgate ordinances.
A) This statement is correct. The Governor can exercise this power only when the legislative assembly (or both houses, if bicameral) is not in session.
B) This statement is correct. The scope of the ordinance-making power is coextensive with the legislative power of the State Legislature (limited to subjects in the State List and Concurrent List).
C) This statement is incorrect. The Governor *is* competent to withdraw an ordinance at any time before it is approved or disapproved by the legislature. The power to promulgate includes the power to withdraw.
D) This statement is correct. The Governor exercises this power on the advice of the Council of Ministers, not in their personal discretion (as established by Supreme Court judgments, e.g., Cooper case, D.C. Wadhwa case).
The question asks which one is NOT the ordinance making power of the Governor.

The Governor’s ordinance-making power (Article 213) is exercised on the advice of the Council of Ministers, only when the legislature is not in session, and its scope is limited to the state legislature’s legislative powers. The Governor has the power to withdraw an ordinance at any time.

Ordinances have the same force and effect as an Act of the Legislature but are temporary in nature. They must be laid before the state legislature when it reassembles and cease to operate within six weeks from the reassembly unless approved earlier.

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20. A special address by the Governor refers to the address delivered by t

A special address by the Governor refers to the address delivered by the Governor

when President's Rule is called for

when a national emergency necessitates dissolution of Legislative Assembly

at the commencement of the first session after general election and at the first session of each year

whenever he/she has concluded that such is necessary

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This question was previously asked in

UPSC CDS-2 – 2020

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A special address by the Governor refers to the address delivered by the Governor to the State Legislature. As per Article 176 of the Constitution of India, the Governor addresses the Legislative Assembly or a joint sitting of both Houses (if applicable) at the commencement of the first session after each general election to the Assembly and at the commencement of the first session of each year.

This address outlines the government’s policies, programmes, and legislative agenda for the upcoming year or the term of the newly elected assembly. It is similar to the President’s address to the Parliament (Article 87).

The matters referred to in the Governor’s address are discussed by the Legislature on a ‘Motion of Thanks’. The Governor does not deliver an address during President’s Rule or simply whenever they deem it necessary; it is a constitutionally mandated event at specific times.

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