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Question 1 of 5
1. Question
Consider the following statements regarding legislative powers of the Governor.
- If a bill passed by the state legislature endangers the position of the state high court, the Governor must reserve the bill for consideration of the President.
- If a bill sent by Governor for the reconsideration of the State legislature is passed again without amendments, the Governor is under no constitutional obligation to give his assent to the bill.
Which of the above statements is/are incorrect?
Correct
Solution: b)
Article 200 provides that when a Bill passed by the State Legislature, is presented to the Governor, the Governor shall declare—
(a) that he assents to the Bill; or
(b) that he withholds assent therefrom; or
(c) that he reserves the Bill for the President’s consideration; or
(d) the Governor may, as soon as possible, return the Bill (other than a Money Bill) with a message for re-consideration by the State Legislature. But, if the Bill is again passed by the Legislature with or without amendment, the Governor shall not withhold assent therefrom (First Proviso); or
(e) if in the opinion of the Governor, the Bill, if it became law, would so derogate from the powers of the High Court as to endanger its constitutional position, he shall not assent to but shall reserve it for the consideration of the President (Second Proviso).
Incorrect
Solution: b)
Article 200 provides that when a Bill passed by the State Legislature, is presented to the Governor, the Governor shall declare—
(a) that he assents to the Bill; or
(b) that he withholds assent therefrom; or
(c) that he reserves the Bill for the President’s consideration; or
(d) the Governor may, as soon as possible, return the Bill (other than a Money Bill) with a message for re-consideration by the State Legislature. But, if the Bill is again passed by the Legislature with or without amendment, the Governor shall not withhold assent therefrom (First Proviso); or
(e) if in the opinion of the Governor, the Bill, if it became law, would so derogate from the powers of the High Court as to endanger its constitutional position, he shall not assent to but shall reserve it for the consideration of the President (Second Proviso).
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Question 2 of 5
2. Question
Consider the following statements regarding State Legislative Council.
- The constitution leaves the choice of having a Legislative Council to the Parliament.
- A Council cannot have more than a third of the number of MLAs in the state, and not less than 40 members.
- The states having Legislative Council are Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.
Which of the above statements is/are correct?
Correct
Solution: c)
Under Article 168, states can have either one or two Houses of legislature. Article 169 leaves the choice of having a Vidhan Parishad to individual states.
Under Article 171, a Council cannot have more than a third of the number of MLAs in the state, and not less than 40 members. A third of the MLCs are elected by MLAs, another third by a special electorate comprising sitting members of local government bodies such as municipalities and district boards, 1/12th by an electorate of teachers, and another 1/12th by registered graduates. The remaining members are appointed by the Governor for distinguished services in various fields.
Besides Andhra Pradesh, five other states have Vidhan Parishads — Bihar, Karnataka, Maharashtra, Telangana, UP. Jammu and Kashmir had a Council until the state was bifurcated into the Union Territories of J&K and Ladakh.
Incorrect
Solution: c)
Under Article 168, states can have either one or two Houses of legislature. Article 169 leaves the choice of having a Vidhan Parishad to individual states.
Under Article 171, a Council cannot have more than a third of the number of MLAs in the state, and not less than 40 members. A third of the MLCs are elected by MLAs, another third by a special electorate comprising sitting members of local government bodies such as municipalities and district boards, 1/12th by an electorate of teachers, and another 1/12th by registered graduates. The remaining members are appointed by the Governor for distinguished services in various fields.
Besides Andhra Pradesh, five other states have Vidhan Parishads — Bihar, Karnataka, Maharashtra, Telangana, UP. Jammu and Kashmir had a Council until the state was bifurcated into the Union Territories of J&K and Ladakh.
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Question 3 of 5
3. Question
The Governor shall ordinarily act on the aid and advice of the State Council of Ministers in
- Summoning the Legislative Assembly
- Prorogation of the Legislative Assembly
- Dissolution of the Legislative Council
Select the correct answer code:
Correct
Solution: a)
There are two provisions in the Constitution that deal with a governor’s power to summon, prorogue and dissolve an assembly.
Under Article 174, a governor shall summon the House at a time and place, as she or he thinks fit.
Article 174 (2) (a) says a governor may from “time to time” prorogue the House and 174 (2) (b) allows her or him to dissolve the Legislative Assembly.
Article 163 says the governor shall exercise her or his functions with the aid and advice of the council of ministers. But it also adds that she or he would not need their advice if the Constitution requires her or him to carry out any function at her/his discretion.
The Legislative council cannot be dissolved.
Incorrect
Solution: a)
There are two provisions in the Constitution that deal with a governor’s power to summon, prorogue and dissolve an assembly.
Under Article 174, a governor shall summon the House at a time and place, as she or he thinks fit.
Article 174 (2) (a) says a governor may from “time to time” prorogue the House and 174 (2) (b) allows her or him to dissolve the Legislative Assembly.
Article 163 says the governor shall exercise her or his functions with the aid and advice of the council of ministers. But it also adds that she or he would not need their advice if the Constitution requires her or him to carry out any function at her/his discretion.
The Legislative council cannot be dissolved.
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Question 4 of 5
4. Question
The Constitution has laid down which of the following conditions for the Governor’s office?
- The Governor should not belong to the state where is appointed.
- The Governor’s appointment can only be made after consulting the Chief Minister of the state.
- A serving Governor should not be a member of either House of Parliament or a House of the state legislature.
Select the correct answer code:
Correct
Solution: b)
The Constitution lays down that a serving Governor should not be a member of either House of Parliament or a House of the state legislature.
The Constitution lays down only two qualifications for the appointment of a person as a governor.
These are:
- He should be a citizen of India.
- He should have completed the age of 35 years.
Additionally, two conventions have also developed in this regard over the years.
- First, he should be an outsider, that is, he should not belong to the state where he is appointed, so that he is free from the local politics.
- Second, while appointing the governor, the president is required to consult the chief minister of the state concerned, so that the smooth functioning of the constitutional machinery in the state is ensured.
However, both the conventions have been violated in some of the cases.
Incorrect
Solution: b)
The Constitution lays down that a serving Governor should not be a member of either House of Parliament or a House of the state legislature.
The Constitution lays down only two qualifications for the appointment of a person as a governor.
These are:
- He should be a citizen of India.
- He should have completed the age of 35 years.
Additionally, two conventions have also developed in this regard over the years.
- First, he should be an outsider, that is, he should not belong to the state where he is appointed, so that he is free from the local politics.
- Second, while appointing the governor, the president is required to consult the chief minister of the state concerned, so that the smooth functioning of the constitutional machinery in the state is ensured.
However, both the conventions have been violated in some of the cases.
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Question 5 of 5
5. Question
The Constitution and Representation of People Act (1951) lays down which of the following qualifications for a person to be chosen a member of the state legislature:
- He must be a citizen of India.
- He must be not less than 25 years of age in the case of the legislative council and legislative assembly.
- He must make and subscribe to an oath or affirmation before the person authorised by the Election Commission.
- A person to be elected to the legislative assembly must be an elector for an assembly constituency in the concerned state.
Select the correct answer code:
Correct
Solution: c)
The Constitution lays down the following qualifications for a person to be chosen a member of the state legislature.
(a) He must be a citizen of India.
(b) He must make and subscribe to an oath or affirmation before the person authorised by the Election Commission for this purpose. In his oath or affirmation, he swears
(i) To bear true faith and allegiance to the Constitution of India
(ii) To uphold the sovereignty and integrity of India
(c) He must be not less than 30 years of age in the case of the legislative council and not less than 25 years of age in the case of the legislative assembly.
(d) He must posses other qualifications prescribed by Parliament.
Accordingly, the Parliament has laid down the following additional qualifications in the Representation of People Act (1951):
(a) A person to be elected to the legislative council must be an elector for an assembly constituency in the concerned state and to be qualified for the governor’s nomination, he must be a resident in the concerned state.
(b) A person to be elected to the legislative assembly must be an elector for an assembly constituency in the concerned state.
(c) He must be a member of a scheduled caste or scheduled tribe if he wants to contest a seat reserved for them. However, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them.
Incorrect
Solution: c)
The Constitution lays down the following qualifications for a person to be chosen a member of the state legislature.
(a) He must be a citizen of India.
(b) He must make and subscribe to an oath or affirmation before the person authorised by the Election Commission for this purpose. In his oath or affirmation, he swears
(i) To bear true faith and allegiance to the Constitution of India
(ii) To uphold the sovereignty and integrity of India
(c) He must be not less than 30 years of age in the case of the legislative council and not less than 25 years of age in the case of the legislative assembly.
(d) He must posses other qualifications prescribed by Parliament.
Accordingly, the Parliament has laid down the following additional qualifications in the Representation of People Act (1951):
(a) A person to be elected to the legislative council must be an elector for an assembly constituency in the concerned state and to be qualified for the governor’s nomination, he must be a resident in the concerned state.
(b) A person to be elected to the legislative assembly must be an elector for an assembly constituency in the concerned state.
(c) He must be a member of a scheduled caste or scheduled tribe if he wants to contest a seat reserved for them. However, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them.
