About the Topic: Governor is the constitutional head of a State. Practice MCQ Questions covering appointment, powers, functions, discretionary powers and constitutional provisions.
The original plan in the draft Constitution for having elected Governors was dropped because:
It would have meant another election.
The election would have been fought on major political issues.
The elected Governor might have considered himself superior to the Chief Minister.
The Governor had to function under the Parliamentary System.
Select the correct answer from the code given below:
Code :
Correct Answer:
(C) 1, 3 and 4
There was much debate in the Constituent Assembly regarding the subject of appointment or election of Governor in the States. Krishnamachari, B.G. Kher, J. B. Pant were in favour of election, while B. R. Ambedkar, Jawaharlal Nehru were in favour of nominated Governor. Finally with general consensus, the provision of nominated Governor was accepted and the original proposal for the provision of elected Governor was cancelled as- (1) this would have increased election expenditure. (2) Nomination of governor would help avoiding clash of political ambition of the Chief Minister and the Governor as the election would have been fought on major issues, they would have pursued different policies. (3) The Centre would not have effective control over the State otherwise.
Ques: 2
The governor of the state, may act independently from the consultation of Legislative Assembly when -
The Government has to prove its majority in the session of Legislative Assembly.
To terminate the Chief Minister.
To reserve any bill for the consideration of President of India.
To send back a bill to Legislative Assembly for reconsideration.
To seek the consultation with High Court.
Choose the correct answer from the following code:
Code :
Correct Answer:
(A) 1,2,3 and 4
Governor of a state can act according to his discretion in following situations
(i) To ask the Government to prove majority in the State Legislative Assembly.
(ii) To terminate a Chief Minister who has lost confidence of the Assembly.
(iii) To provide or with hold assent to a Bill or reserve a Bill for the consideration of the President. (Art. 200)
(iv) To return a Bill to the Legislative Assembly for reconsideration (Provision of article 200)Besides, the Governor uses his discretion while imposing President’s rule in the State and dissolving the State Legislature. The Governor however has not been authorized to consult the High court. Therefore option (a) is correct.
Ques: 3
Under which of the following Article of Indian Constitution the Governor may reserve a Bill for the consideration of the President?
Correct Answer:
(B) Article 200
(a)Governor of a state can act according to his discretion in following situations
(i) To ask the Government to prove majority in the State Legislative Assembly.
(ii) To terminate a Chief Minister who has lost confidence of the Assembly.
(iii) To provide or with hold assent to a Bill or reserve a Bill for the consideration of the President. (Art. 200)
(iv) To return a Bill to the Legislative Assembly for reconsideration (Provision of article 200)Besides, the Governor uses his discretion while imposing President’s rule in the State and dissolving the State Legislature. The Governor however has not been authorized to consult the High court.
Ques: 4
Which amendment enabled the same person to be appointed as Governor of two or more states?
Correct Answer:
(C) 7th Amendment
The 7th Constitutional Amendment of India, enacted in 1956, significantly reorganized the states and their structure, allowing for the same person to be appointed as the Governor of more than one state. This amendment is specifically mentioned in Article 158 of the Constitution, which deals with the appointment and emoluments of Governors
Ques: 5
Consider the following statements in relation to Governor of a State in India -
He must be a citizen of India by birth.
Must have completed the age of 35 years.
He must be eligible to be a member of the Lok Sabha.
He may be appointed as Governor for two or more states.
Which of these is/are correct –
Correct Answer:
(D)
2 and 4 are correct
The Governor is the Executive head of a State appointed by the President. According to Article 157, any person who is a citizen of India and has completed the age of 35 years shall be eligible for appointment as a Governor of a State. Citizenship by birth is not a requirement. According to Article 158, the Governor shall not be a member of either House. Thus, it is not necessary that the Governor must have the eligibility to be a Member of Lok Sabha. The Seventh Amendment Act, 1956 provided that a person is eligible to be appointed as Governor for two or more States. Thus, statement (2) and (4) are true, and option (d) is correct.
Ques: 6
The Governor of a State is appointed by
Correct Answer:
(C) The President
The Governor of a State shall be appointed by the President by warrant under his hand and seal. Governor is the head of the executive of the states. The oath of office of the governor is administered by the Chief Justice of the concerned High Court and in his absence by the senior most judge of the HC available.
Ques: 7
Consider the following and select the correct answer by using the code given below:
The Governor shall take oath or affirmation before entering upon his office.
The format of oath or affirmation is given in the Third Schedule of Indian Constitution.
The Governor shall make and subscribe the oath or affirmation in the presence of Chief Justice of the High Court or in his absence senior most Judge of that Court.
The process of oath and affirmation is given in Article 159 of Indian Constitution.
Code :
Correct Answer:
(B) (1), (3) and (4)
Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State or in his absence, the senior most Judge of that Court available, an oath or affirmation in the prescribed form as provided in Article 159 of the Indian Constitution. 3rd schedule does not deal with the oath of the Governor.
Ques: 8
Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?
Correct Answer:
(C) Sarkaria Commission (1983)
Sarkaria Commission Report (1988) Recommendation on appointment of Governor. Governor should be an eminent person & not belong to the state where he is to be posted State chief minister should have a say in the appointment of Governor. Governor should be a detached figure without intense political links or should not have taken part in politics in recent years. Hence statement (c) is correct. Governor should not be a member of the ruling party.
Ques: 9
Which one of the following statements about the Governor of an Indian State is not true:
Correct Answer:
(D)
He can be removed earlier if the Legislature of the concerned State passes a resolution for his removal.
According to Article 156(1) of the Constitution, a Governor of a State is an appointee of the President, and he or she holds office “during the pleasure of the President.” If a Governor continues to enjoy the “pleasure of the President,” he or she can hold the office for a term of five years. A Governor may be removed any time before completion of five-year, by the President on the advice of Council of Ministers, but the State Legislature has no such power.
Ques: 10
Which one of the following statements is correct?
Correct Answer:
(C) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post.
Ques: 11
Consider the following statements and select your answer from the codes given below:
The Governor does not have the power to appoint the judge of a state High Court.
He is not a part of the Legislature.
He has the power to nominate some members in the Legislative Council.
He has no judicial powers.
Codes:
Correct Answer:
(B) 1 and 3 are correct
The Governor does not have the power to appoint the Judges of a state High Court. According to Article 217(1) 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 has the power to 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 consists of the Governor, the Upper house (if the system is bicameral) and the Lower house.
Ques: 12
When the same person is appointed as a Governor of two or more States, the emoluments and allowances payable to the Governor shall be –
Correct Answer:
(D)
It shall be allocated among the States in such proportion as the President may by order determine.
According to Article 158(3)(A) of the Indian Constitution, when the same person is appointed as Governor of two or more State, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as President may by order determine.
Ques: 13
Which of the following are the discretionary powers given to the Governor of a State?
Sending a report to the President of India for imposing the President’s Rule
Appointing the Ministers
Reserving certain bills passed by the State Legislature for consideration of the President of India
Making rules to conduct the business of the State Government
Select the correct answer using the codes given below.
Correct Answer:
(B) 1 and 3 only
According to Article 356 of the Indian Constitution, the report Mis sent the by the Governor to the President that situation has arisen in which the Government of state cannot be carried on in accordance with the provisions of the constitution, the President may impose President Rule in that State. The making of a report by Governor to President is a discretionary power of the Governor. Thus, statement 1 is correct. According to Article 200- When a Bill is passed by Legislature or by both House of Legislature, it shall be presented to Governor and the Governor shall either give assent to the Bill or withhold the assent or reserve the Bill for the consideration of the President. It is also the discretionary power of the Governor thus statement 3 is also correct. Whereas the appointment of Ministers is made by Governor on the advice of Chief Minister under Article 164(1) of the Constitution. Therefore, it is not the discretionary power of Governor and Article 166(3) of Indian Constitution provides that Governor shall make rule for more convenient transaction of Business of the State Legislature but not related to any business of Constitution on which Governor acts. So, it is also not the discretionary power of Governor. So, statement 2 and 4 are wrong.
Ques: 14
Under the Constitutional provision on Bill, recommendation of the Governor was required but without recommendation of Governor it was introduced in Rajasthan Legislative Assembly and passed by it and sent to the Governor, now
Correct Answer:
(A) where assent to that Act was given by Governor shall not be invalid.
Under the Constitutional provision on a Bill, recommendation of the Governor was required, but without recommendation of Governor it was introduced in Rajasthan Legislative Assembly and passed by it and sent to the Governor, now where, assent to that Act was given by Governor shall not be invalid.
Ques: 15
The approval of ordinance promulgated by Governor is necessary -
Correct Answer:
(B) By the State Legislature.
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.