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Question

Which is NOT the correct statement about the Governor?

The correct answer is

He has the power to grant pardons, reprieves and forgive the death penalty of a person

Let's analyze each statement about the Governor of a state in India to determine which one is not correct.

Understanding the Role of the Governor

The Governor is the constitutional head of a state in India, appointed by the President. The Governor acts on the aid and advice of the Council of Ministers, headed by the Chief Minister. The role involves executive, legislative, and judicial powers, though exercised within constitutional limits.

Analyzing Each Statement about the Governor

Let's examine each statement provided:

  1. Statement 1: He appoints the Chief Minister and other Ministers.

    Analysis: This statement is correct. Article 164 of the Constitution states that the Chief Minister shall be appointed by the Governor, and other Ministers shall be appointed by the Governor on the advice of the Chief Minister. This is a primary executive function of the Governor.

  2. Statement 2: He has the power to grant pardons, reprieves and forgive the death penalty of a person.

    Analysis: This statement is not entirely correct, specifically regarding the death penalty. Article 161 grants the Governor the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or 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. However, the power to pardon a death sentence rests primarily with the President of India under Article 72. While the Governor can suspend, remit, or commute a death sentence, the power to grant a full pardon for a death sentence is generally excluded from the Governor's powers and is reserved for the President.

  3. Statement 3: He may issue Ordinances under certain circumstances.

    Analysis: This statement is correct. Article 213 empowers the Governor to promulgate ordinances when the state legislature or either House (if it is a bicameral legislature) is not in session and the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action. These ordinances have the same force and effect as an Act of the State Legislature but must be laid before the legislature when it reassembles and cease to operate within six weeks from the reassembly, unless approved earlier.

  4. Statement 4: The state executive power is vested with the Governor.

    Analysis: This statement is correct. Article 154 of the Constitution clearly states that the executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. This makes the Governor the nominal head of the state executive.

Identifying the Incorrect Statement

Based on the analysis, the statement that is NOT correct is the one claiming the Governor has the power to grant pardons and forgive the death penalty. While the Governor has pardoning powers for state law offences, the ultimate power to pardon a death sentence lies with the President.

Therefore, the incorrect statement is: He has the power to grant pardons, reprieves and forgive the death penalty of a person.

Revision Table: Governor's Powers

Power Description Correct/Incorrect Assertion (as per options)
Appointment of CM and Ministers Appoints CM and other ministers on CM's advice (Article 164) Correct
Pardoning Power (Death Penalty) Can suspend/commute/remit death sentence, but cannot typically pardon it (President does) (Article 161 vs 72) Incorrect (as stated in option)
Ordinance Issuing Power Can issue ordinances when legislature not in session (Article 213) Correct
Vesting of State Executive Power State executive power vested in the Governor (Article 154) Correct

Additional Information on Governor's Role

Beyond the powers mentioned, the Governor also plays a significant role in the legislative process by assenting to Bills passed by the State Legislature, or reserving them for the consideration of the President. The Governor also summons, prorogues, and dissolves the State Legislature. The Governor receives the report from the State Election Commission and the State Public Service Commission to be laid before the State Legislature. These functions highlight the Governor's position as the link between the State and the Union government.

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Important Questions from State Government

  1. Under Article 191 of the Constitution of India, a person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a state if the person holds any office of profit under:

    1. the Government of India.

    2. any State Government.

    Select the correct answer using the code given below:

  2. Who among the following can issue ordinance when the state legislature is not in session and he is satisfied that immediate action is required?
  3. Which of the following states has a Legislative Council?

  4. Which of the following Indian states was known as North East Frontier Agency till 1972?

  5. Who was the first Chief Minister of Uttarakhand?

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