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The State Executive and Legislature Questions and Answers

1.

The Governor of an Indian State is appointed by whom among the following?

Exam Year(s)

DSSSB - 2023,

Answer: C

The Governor of a State is appointed by the President of India, by warrant under his hand and seal, under Article 155 of the Constitution, and holds office during the pleasure of the President under Article 156.

The Prime Minister advises the President but does not appoint, the Chief Justice of India has no role in appointing Governors, and the Chief Minister of the State does not appoint the Governor, who is the Chief Minister's own constitutional head. The Governor is not elected.

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2.

Select the correct option based on the statements and conclusions given below based on the position and service conditions of the Governor.

Statements:-
I. The minimum age for the post of Governor in Indian state is 35 years.
II. There is no bar on re-appointment of a Governor.

Conclusions:-
I. Governor cannot hold any office of profit during his/her tenure.
II. A person can become the Governor of a state any number of times.

Exam Year(s)

DSSSB - 2023,

Answer: B

Only Conclusion II follows. Statement II says there is no bar on the re-appointment of a Governor, so a person can be appointed Governor of a State any number of times, which is Conclusion II.

Conclusion I is that a Governor cannot hold an office of profit during his tenure. It is true under Article 158(2), but the statements say only that the minimum age is 35 years and that re-appointment is allowed, so it is not derived from them. The keyed answer is therefore only Conclusion II.

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3.

Which of the following officers can be removed from his office by the Governor?

Exam Year(s)

HPPSC HPAS - 2021,

Answer: A

The Governor can remove the Advocate General of State.

Under Article 165 the Advocate General is appointed by the Governor and holds office during the pleasure of the Governor, so the Governor can remove him at any time.

The others are protected. The State Election Commissioner can be removed only in the manner and on the grounds of a High Court judge (Article 243K). A member of the State Public Service Commission is appointed by the Governor but can be removed only by the President (Article 317). The chairperson and members of a State Human Rights Commission are likewise removed by the President under the Protection of Human Rights Act, 1993.

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4.

By which time Governor has to return an ordinary bill to the concerned State Legislative Assembly for re-consideration?

Exam Year(s)

HPPSC HPAS - 2021,

Answer: D

The answer is no time limit.

Under Article 200 the Governor may assent to a bill, withhold assent, reserve it for the President, or return a bill other than a money bill to the legislature for reconsideration. The Article says the bill is to be returned "as soon as possible" after it is presented, but the Constitution fixes no period in days or months. If the House passes it again, with or without changes, the Governor cannot withhold assent.

One month and two months appear nowhere in Article 200. Six months is the period in Article 201 within which a state legislature must reconsider a bill that the President has directed the Governor to return, which is a different situation.

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5.

Who decides the disqualification of members of State Legislative Assembly, for matters other than those in the Tenth Schedule of the Constitution ?

Exam Year(s)

HPPSC HPAS - 2025,

Answer: A

The disqualification is decided by the Governor of the State.

Under Article 192, any question whether a member of a State Legislature has become disqualified under Article 191(1), for example by holding an office of profit, is referred to the Governor, whose decision is final. Before deciding, the Governor must obtain the opinion of the Election Commission and act according to it.

The Speaker decides only defection cases under the Tenth Schedule, which the question excludes. The High Court has no original role here, and the State Election Commission conducts local body elections, not this inquiry.

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6.

Which of the following article is related to the representation of Anglo-Indian community in the legislative assemblies of the states ?

Exam Year(s)

JPSC Civil Services - 2021,

Answer: A

The article is Article 333.

Article 333 allowed the Governor of a State to nominate a member of the Anglo-Indian community to the Legislative Assembly if the community was not adequately represented. The 104th Amendment (2019) ended this nomination from January 2020, but the provision is still the one the question refers to.

Article 332 reserves seats for Scheduled Castes and Scheduled Tribes in state assemblies. Article 334 sets the time limit on those reservations and on the special representation. Article 335 deals with the claims of SCs and STs to services and posts.

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7.

The State Legislatures of Indian Union consists of

Exam Year(s)

Kerala PSC KAS - 2020,

Answer: A

The state legislature consists of the Governor, Legislative Assembly and Legislative Council, if there is one.

Article 168 provides that every state shall have a legislature consisting of the Governor and, in states with two Houses, the Legislative Council and the Legislative Assembly, or in other states the Legislative Assembly alone. The Governor is part of the legislature, as the President is part of Parliament, because his assent is needed for a bill to become law.

Leaving out the Governor makes the second option incomplete. The Council of States and the House of the People are the Houses of Parliament, and the Council of Ministers is part of the executive.

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8.

As per Article 164 of the Constitution of India, seperate Ministers are appointed for welfare of Scheduled Tribes. Which of the following State/States has this system ?

Exam Year(s)

MPPSC Forest Service - 2023,

Answer: A

Of the options, the system applies to Madhya Pradesh and Odisha.

The proviso to Article 164(1) requires certain states to have a Minister in charge of tribal welfare, who may also look after the welfare of Scheduled Castes and backward classes. Since the 94th Amendment (2006) the states named are Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha; Bihar was dropped after Jharkhand was formed.

Both Madhya Pradesh and Odisha are on the list, so the options naming only one of them are incomplete, and 'None of the above' is wrong.

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9.

For State Legislature, whether a bill is money bill or not is finally decided by whom ?

Exam Year(s)

MPPSC Forest Service - 2022,

Answer: C

The question is finally decided by the Speaker of the State Legislative Assembly.

Under Article 199(3) of the Constitution, if any question arises whether a bill is a Money Bill, the decision of the Speaker of the Legislative Assembly of the State is final. The Speaker certifies a Money Bill when it is sent to the Legislative Council or to the Governor.

The Chief Minister and the Governor have no role in this decision, and courts, including the High Court, do not decide it.

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10.

Under which Article of the Constitution, the Governor gives assent, withholds assent or reserves for consideration the bill passed by the Legislative Assembly?

Exam Year(s)

MPPSC Forest Service - 2023,

Answer: A

The provision is Article 200.

Under Article 200, when a bill passed by the state legislature is presented to the Governor, he may give assent, withhold assent, return a non-money bill for reconsideration, or reserve it for the consideration of the President. Article 201 then deals with bills reserved for the President.

Article 202 concerns the annual financial statement (the state budget), Article 205 supplementary, additional or excess grants, and Article 213 the Governor's power to promulgate ordinances when the legislature is not in session.

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