Which of the following statements is/are correct? 1) The Governor's discretionary power to recommend President's Rule is mentioned in Article 356(1). 2) The 41st Constitutional Amendment curtailed the Governor's term from 5 years to 4 years. 3) The Sarkaria Commission advised that Governors should not be removed before completing their term unless in rare and compelling circumstances.
1 & 3 correct
Statement 1 (Correct): Article 356(1) empowers the President to issue a Proclamation of President's Rule on the basis of a report from the Governor (or otherwise being satisfied) that a state's government cannot be carried on in accordance with the Constitution. The Governor's recommendation under this Article is exercised in his discretion.
Statement 2 (Incorrect): The Governor's term is fixed at 5 years under Article 156(3). The 41st Constitutional Amendment Act, 1976 dealt with provisions relating to immunity of the President, Governors and Rajpramukhs from criminal proceedings — it did not reduce the Governor's term to 4 years.
Statement 3 (Correct): The Sarkaria Commission (1988) recommended that Governors should not be removed before the expiry of their five-year term except in very rare and compelling circumstances.
Hence, statements 1 and 3 are correct.
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