Which of the following statements relating to the duties of the Govern

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.

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC CDS-2 – 2018
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.
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