The need for better and precise study material for IAS Exam has been a concern for the IAS aspirants. IAS aspirants should follow such IAS study materials which can provide a better solution for every stage of IAS Exam. Here, we have provided Indian Polity questions for IAS Prelims Exam for the topic- ‘functions and powers of a Governor of a state’.
1. Which of the following statement is/are not true about the status of Governor of a state in India?
a. Appointment of the same person as a governor for two or more states is possible.
b. A Governor acts as an agent of the central government.
c. A Governor is a nominal executive head (titular or constitutional head) of the state.
d. The office of governor of a state is an employment under the Central government.
Constitution of India envisages the same pattern of government in the states as that for the Centre, that is, a parliamentary system. Part VI of the Constitution, which deals with the government in the states, is not applicable to the State of Jammu and Kashmir, which enjoys a special status and has a separate Constitution of its own.
Articles 153 to 167 in Part VI of the Constitution deal with the state executive. The state executive consists of the governor, the chief minister, the council of ministers and the advocate general of the state. Thus, there is no office of vice-governor (in the state) like that of Vice-President at the Centre. The governor is the chief executive head of the state. But, like the president, he is a nominal executive head (titular or constitutional head). The governor also acts as an agent of the central government.
Therefore, the office of governor has a dual role. Usually, there is a governor for each state, but the 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as a governor for two or more states.
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.
2. In a case, if the same person is appointed as the governor of two or more states, the emoluments and allowances payable to him will bear by:
a. One of the two states decided by the President
b. The first state in which he was appointed
c. Both the states shared by in such proportion as determined by the president.
d. The second state in which he has been appointed
The Governor should not be a member of either House of Parliament or a House of the state legislature. If any such person is appointed as governor, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as the governor. He is entitled to such emoluments, allowances and privileges as may be determined by Parliament. When the same person is appointed as the governor of two or more states, the emoluments and allowances payable to him are shared by the states in such proportion as determined by the president. His emoluments and allowances cannot be diminished during his term of office.
3. The oath of office to the governor is administered by:
a. The President of India
b. The Chief Justice of the concerned state high court
c. The Chief Justice of the Supreme Court
d. None of the above
The oath of office to the governor is administered by the chief justice of the concerned state high court and in his absence, the senior-most judge of that court available. Every person discharging the functions of the governor also undertakes the similar oath or affirmation.
Before entering upon his office, the governor has to make and subscribe to an oath or affirmation. In his oath, the governor swears:
(a) to faithfully execute the office;
(b) to preserve, protect and defend the Constitution and the law; and
(c) to devote himself to the service and well-being of the people of the state.
4. In case of death of a sitting governor, who among the following will discharge the functions of the governor of that state?
a. The President of India
b. The Chief Justice of the Supreme Court
c. The Chief Justice of the concerned state high court
d. Chief Minister of that state
The President may transfer a Governor appointed to one state to another state for the rest of the term. Further, a Governor whose term has expired may be reappointed in the same state or any other state.
A governor can hold office beyond his term of five years until his successor assumes charge. The underlying idea is that there must be a governor in the state and there cannot be an interregnum. The President can make such provision as he thinks fit for the discharge of the functions of the governor in any contingency not provided for in the Constitution, for example, the death of a sitting governor. Thus, the chief justice of the concerned state high court may be appointed temporarily to discharge the functions of the governor of that state.
5. Which of the following powers does not possessed by a Governor?
a. Diplomatic Powers
b. Executive powers
c. Judicial powers
d. Legislative powers
A Governor of state possesses executive, legislative, financial and judicial powers more or less analogous to the President of India. However, he has no diplomatic, military or emergency powers like the president. All executive actions of the government of a state are formally taken in his name. He can summon or prorogue the state legislature and dissolve the state legislative assembly. He sees that the Annual Financial Statement (state budget) is laid before the state legislature. He can grant pardons, reprieves, respites and remissions of punishment or suspend, remit and 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.
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