The Governor

Which one of the following regarding the ordinance-making power of the Governor is not correct?

[amp_mcq option1=”It is not a discretionary power.” option2=”The Governor may withdraw the ordinance anytime.” option3=”The ordinance power can be exercised when the Legislature is not in session.” option4=”The aid and advice of ministers is not required for declaring the ordinance.” correct=”option4″]

The ordinance-making power of the Governor is granted under Article 213 of the Constitution. This power can be exercised when the State Legislature or either of the Houses (if bicameral) is not in session, and the Governor is satisfied that circumstances exist which render it necessary for them to take immediate action. As established by Supreme Court judgments (like the Cooper case, 1970, and Krishna Kumar Singh case, 2017), the Governor exercises this power not in their discretion, but on the aid and advice of the Council of Ministers. Therefore, the statement that the aid and advice of ministers is not required for declaring the ordinance is incorrect.

– The Governor’s ordinance-making power is exercised on the aid and advice of the Council of Ministers.
– This power is not a discretionary power of the Governor.
– An ordinance can be issued only when the legislature is not in session and the circumstances require immediate action.
– The Governor can withdraw the ordinance at any time.

An ordinance promulgated by the Governor has the same force and effect as an Act of the State Legislature. However, every such ordinance must be laid before the State Legislature when it reassembles and ceases to operate at the expiration of six weeks from the reassembly, 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.

Which one of the following is not among the duties of the Chief Minister?

[amp_mcq option1=”To communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation.” option2=”To furnish information relating to the administration of the State and proposals for legislation as the Governor may call for.” option3=”To communicate to the President all decisions of the Council of Ministers relating to the administration of the State in the monthly report.” option4=”To submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but has not been considered by the Council, if the Governor so requires.” correct=”option3″]

Article 167 of the Constitution of India outlines the duties of the Chief Minister. Clause (a) states that it is the CM’s duty to communicate to the Governor all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation. Clause (b) states that it is the CM’s duty to furnish such information relating to the administration of the State and proposals for legislation as the Governor may call for. Clause (c) states that if the Governor so requires, the CM shall submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council. Communicating *all* decisions of the Council of Ministers directly to the President in a monthly report is not a duty of the Chief Minister specified in the Constitution. The Chief Minister communicates with the Governor, who in turn interacts with the President on state matters when necessary.

– Article 167 defines the duties of the Chief Minister regarding communication with the Governor.
– The Chief Minister acts as a link between the Council of Ministers and the Governor.
– The Constitution does not mandate the Chief Minister to directly report all Council of Ministers’ decisions to the President.

The Governor of a state is appointed by the President (Article 155). The Governor acts on the aid and advice of the Council of Ministers headed by the Chief Minister (Article 163), except in certain matters where the Governor may act in their discretion. The Governor can report to the President (under Article 356, for example) regarding the situation in the state, but the routine communication of Council of Ministers’ decisions is directed towards the Governor, not the President.

Which of the following is not related to the powers of the Governor?

[amp_mcq option1=”Diplomatic and military powers” option2=”Power to appoint Advocate General” option3=”Summoning, proroguing and dissolving State Legislature” option4=”Power to grant pardons, reprieves, respites or remission of punishments” correct=”option1″]

Diplomatic and military powers are not related to the powers of the Governor.

Diplomatic and military powers are executive powers vested exclusively in the President of India, who is the head of the Union Executive.

The Governor is the constitutional head of a state and exercises executive powers relating to the state. Powers of the Governor include appointing the Advocate General of the State (Article 165), summoning, proroguing, and dissolving the State Legislature (Article 174), and power to grant pardons, reprieves, respites or remission of punishments in cases relating to matters to which the executive power of the state extends (Article 161). These are distinct from the diplomatic and military powers of the Union.

Who has the power of annulment or suspension of Acts and Resolutions of the Autonomous District and Regional Councils?

[amp_mcq option1=”The Governor” option2=”The President” option3=”The Chief Minister of the State” option4=”The Prime Minister” correct=”option1″]

The Governor has the power of annulment or suspension of Acts and Resolutions of the Autonomous District and Regional Councils.

This power is granted to the Governor of the state under the provisions of the Sixth Schedule of the Constitution of India.

Paragraph 16 of the Sixth Schedule empowers the Governor to annul or suspend any Act or Resolution of a District Council or a Regional Council if he is satisfied that it is likely to endanger the safety of India or is prejudicial to public order. The Governor can also take steps to prevent the enforcement of such Act or Resolution.

Which of the following statements relating to the duties of the Governor is/are correct?

• 1. The duties of the Governor as a constitutional Head of the State do not become the subject matter of questions or debate in the Parliament.
• 2. Where the Governor takes a decision independently of his Council of Ministers or where he acts as the Chief Executive of the State under President’s rule, his actions are subject to scrutiny by the Parliament.

Select the correct answer using the code given below.

[amp_mcq option1=”1 only” option2=”2 only” option3=”Both 1 and 2″ option4=”Neither 1 nor 2″ correct=”option3″]

The correct answer is B) 2 only.

Statement 1 is incorrect because while the Governor acts as the constitutional head of the state on the aid and advice of the Council of Ministers, and these actions are primarily subject to scrutiny by the State Legislature, it is not entirely true that they *never* become the subject matter of questions or debate in Parliament. Issues concerning the role or conduct of a Governor, especially relating to constitutional matters or centre-state relations, can be raised and debated in Parliament, although the focus of Parliament is primarily on Union government matters. Statement 2 is correct. Where the Governor acts in their discretionary capacity or as the representative of the President under President’s rule (Article 356), their actions are effectively actions on behalf of the Union government and are therefore subject to scrutiny by the Union Parliament. Article 357 explicitly states that laws made by Parliament for a state under President’s Rule have effect.

The Governor occupies a dual role: constitutional head of the state (bound by the advice of the state Council of Ministers, except in certain cases) and a link between the Centre and the State (acting as a representative of the President). Actions taken on advice are state matters; actions taken in discretion or under President’s Rule have a closer link to the Union government and its accountability to Parliament.

Which of the following statements about the Ordinance-making power of the Governor is/are correct?

• 1. It is a discretionary power.
• 2. The Governor himself is not competent to withdraw the Ordinance at any time.

Select the correct answer using the code given below.

[amp_mcq option1=”1 only” option2=”2 only” option3=”Both 1 and 2″ option4=”Neither 1 nor 2″ correct=”option4″]

Neither statement 1 nor statement 2 about the Ordinance-making power of the Governor is correct.

The Ordinance-making power of the Governor (under Article 213 of the Indian Constitution) is exercised on the aid and advice of the Council of Ministers of the state. It is not a discretionary power. The Governor is competent to withdraw an Ordinance at any time on the advice of the Council of Ministers.

Article 213 states that the Governor can promulgate an Ordinance “when the Legislature of the State or where there are two Houses, both Houses are not in session,” if he is satisfied that circumstances require immediate action. However, this power is subject to the aid and advice of the Council of Ministers (as established by Supreme Court judgments, notably in Cooper case and subsequently). An Ordinance has the same force and effect as an Act of the Legislature but is temporary. It must be laid before the Legislative Assembly (and the Legislative Council in states with a bicameral legislature) when it reassembles and ceases to operate six weeks from the reassembly, or earlier if a resolution disapproving it is passed. The Governor can indeed withdraw an Ordinance at any time before it lapses or is approved/disapproved by the legislature.