[Mission 2024] STATIC QUIZ, 4 September 2023 – Polity

Solution: b)

Statement 1 is incorrect.

The position, role, powers, and conditions of office of the Governor are described in Articles 153-161 of the Constitution. The position of Governor is similar to that of the President at the Union. He is at the head of the state’s executive power, and barring some matters, acts on the advice of the council of ministers, which is responsible, in accordance with the parliamentary system, to the state legislature.

The Governor is appointed by the President (on the advice of the central government) and, therefore, acts as the vital link between the Union and the state governments.

The Governor enjoys certain powers such as giving or withholding assent to a Bill passed by the state legislature or determining the time needed for a party to prove its majority — or which party must be called first to do so, generally after in a hung Assembly.

“Article 164(1) deals with the appointment of the Chief Minister and other ministers. While the Governor does not have to seek anyone’s advice while appointing the Chief Minister, he can appoint a minister only on the recommendation of the Chief Minister. The Governor has no power to pick anyone he chooses to make a minister. He can appoint a minister only on the advice of the Chief Minister.”

Solution: d)

Article 200 of the Constitution provides certain options for the Governor to exercise when a Bill reaches him from the Assembly. The provision concerned makes it clear that a Bill can be reserved for the consideration of the President only if the Governor forms an opinion that the Bill would endanger the position of the High Court by whittling away its powers. The Constitution does not mention any other type of Bill which is required to be reserved for the consideration of the President.

The fact that the Constitution does not mention the grounds on which a Governor may withhold assent to a Bill shows that this power should be exercised by the Governor extremely sparingly and after very careful consideration of the consequences of such action.

Solution: b)

Statement 3 is incorrect.

Article 361 of the Constitution prohibits the court from initiating proceedings against a Governor or the President for any act done in exercise of their powers. They enjoy complete immunity from court proceedings.

It may be noted that the Governor while declaring that he withholds assent will have to disclose the reason for such refusal. If the grounds for refusal disclose mala fide or extraneous considerations or ultra vires, the Governor’s action of refusal could be struck down as unconstitutional. This point has been settled by a Constitution bench of the Supreme Court in Rameshwar Prasad and Ors. vs Union Of India and Anr.

Since the Constitution does not fix any timeline for the Governor to decide the question of assent, he can wait for any length of time without doing anything. Not fixing any time line does not and cannot mean that the Governor can indefinitely sit on the Bill that has been passed by an Assembly.

Solution: b)

Statement 3 is incorrect.

• The Governor (Article 213) has the power of making ordinances when both houses of the legislature are not in session, which has the same status as that of a law of the legislature.
• His ordinance-making power is coextensive with the legislative power of the state legislature. This means that he can issue ordinances only on those subjects on which the state legislature can make laws.
• He can withdraw an ordinance at any time.

Solution: a)

Only Statement 2 is correct.

The governor is neither directly elected by the people nor indirectly elected by a specially constituted electoral college as is the case with the president. He is appointed by the president by warrant under his hand and seal. In a way, he is a nominee of the Central government. But, as held by the Supreme Court in 1979, the office of governor of a state is not an employment under the Central government. It is an independent constitutional office and is not under the control of or subordinate to the Central government.

The American model, where the Governor of a state is directly elected, was dropped and the Canadian model, where the governor of a province (state) is appointed by the Governor-General (Centre), was accepted in the Constituent Assembly.

The Constitution lays down only two qualifications for the appointment of a person as a governor. These are:

1. He should be a citizen of India.
2. 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.