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Question

Consider the below statements:
1. Governor is state's constitutional head.
2. He acts solely on Council's advice.
Which of teh above statements holds true regarding Governor's executive powers?

The correct answer is
Only 1

Understanding Governor's Executive Powers in the State

The question asks us to evaluate two statements concerning the executive powers of the Governor in an Indian state. Let's break down each statement to see if it accurately reflects the constitutional position.

Statement 1: Governor is state's constitutional head

This statement is true. The Governor is appointed by the President and serves as the head of the state's executive branch. However, most of the Governor's executive functions are performed on the advice of the Council of Ministers headed by the Chief Minister. Therefore, the Governor is considered the nominal or constitutional head, acting as the link between the state government and the central government (represented by the President).

Statement 2: He acts solely on Council's advice

This statement is not entirely true. While Article 163(1) of the Constitution states that the Governor shall act according to the advice of the Council of Ministers, it also includes a crucial provision: "...except in so far as he is by this Constitution required to act in his discretion." This means there are certain matters where the Governor can exercise his judgment independently, without the advice of the Council of Ministers. Examples include:

  • Appointment of a Chief Minister when no party has a clear majority.
  • Dismissal of the government when it cannot prove its majority in the Assembly.
  • Dissolution of the State Legislative Assembly.
  • Seeking information from the Chief Minister regarding administrative affairs.
  • Referring the Bill passed by the State Legislature to the President for consideration.

Because the Governor has these discretionary powers and doesn't act solely on the Council's advice in all matters, this statement is considered inaccurate.

Conclusion on Governor's Powers

Based on the analysis:

  • Statement 1 is correct as the Governor is indeed the constitutional head of the state.
  • Statement 2 is incorrect because the Governor is not bound to act *solely* on the Council's advice; constitutional provisions allow for discretionary powers.

Therefore, only the first statement holds true regarding the Governor's executive powers.

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