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Question

Which one of the following statements is correct?

The correct answer is

No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post

Analyzing Constitutional Provisions Regarding the Governor

Let's carefully examine each statement provided in the question to determine its accuracy concerning the Indian Constitution and the role of the Governor.

Statement 1: Appointment of Governor for Multiple States

The statement claims that the same person cannot be appointed as Governor for two or more States at the same time. Let's consult the Constitution of India.

  • Originally, Article 153 stated that there shall be a Governor for each State.
  • However, the 7th Constitutional Amendment Act, 1956, added a proviso to Article 153.
  • This proviso states that "Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States."

Therefore, this statement is incorrect. The Constitution explicitly allows for the appointment of the same person as Governor for more than one state.

Statement 2: Appointment of High Court Judges

The statement suggests that High Court Judges are appointed by the Governor of the State, similar to how Supreme Court Judges are appointed by the President. Let's verify the constitutional procedure for appointing High Court Judges.

  • Article 217 of the Constitution deals with the appointment and conditions of the office of a High Court Judge.
  • It states that every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court.

This clearly shows that High Court Judges are appointed by the President, not the Governor of the State. Therefore, this statement is incorrect.

Statement 3: Procedure for Removal of a Governor

This statement asserts that no procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post. Let's look at the relevant constitutional provisions.

  • Article 156 of the Constitution deals with the term of office of Governor.
  • Article 156(1) states: "The Governor shall hold office during the pleasure of the President."
  • Article 156(3) states: "Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office: Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office."
  • The phrase "during the pleasure of the President" implies that the President can remove the Governor at any time, without assigning any reason.
  • Unlike the President or Judges of the Supreme Court and High Courts, for whom specific impeachment or removal procedures are detailed in the Constitution, the Constitution does not lay down any specific procedure or grounds for the removal of a Governor.

Thus, this statement is correct. The Constitution does not prescribe a formal procedure for the removal of a Governor.

Statement 4: Appointment of Chief Minister in Union Territories with Legislature

The statement claims that in the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support. Let's consider the provisions for Union Territories with legislative assemblies, such as Delhi and Puducherry.

  • For the Union Territory of Delhi, Article 239AA and the Government of National Capital Territory of Delhi Act, 1991, govern the setup. Section 45 of the Act states that the Chief Minister shall be appointed by the President, but the President in making such appointment shall act on the recommendation of the Lieutenant Governor. In practice, the Lt. Governor ascertains the majority support and recommends the leader of the majority party to the President for appointment.
  • For the Union Territory of Puducherry, the Government of Union Territories Act, 1963, applies. Section 45 of this Act states that the Chief Minister shall be appointed by the President, and the other Ministers shall be appointed by the President on the advice of the Chief Minister. Again, the President acts through the Administrator (Lt. Governor) who facilitates the process based on majority support.

While the literal wording in some acts says "appointed by the President", the process involves the Lt. Governor identifying the leader with majority support and recommending them. For the purpose of a general statement like this in an MCQ, it captures the practical reality where the Lt. Governor plays the key role in initiating the appointment based on majority support. However, compared to Statement 3, which is unequivocally correct as per the absence of a removal procedure in the Constitution, Statement 4 is less precise as the formal appointment authority is the President, even if facilitated by the Lt. Governor based on majority support. Given that one statement must be correct, and Statement 3 is directly verifiable from the fundamental structure of Article 156, Statement 3 is the most accurate assertion among the options.

Let's re-evaluate Statement 4 focusing strictly on the wording "appointed by the Lt. Governor". Based on the acts for Delhi and Puducherry, the formal appointment is by the President, although the recommendation comes from the Lt. Governor based on majority support. Thus, saying the CM is "appointed by the Lt. Governor" is technically incorrect. Therefore, Statement 4 is incorrect.

Conclusion

Based on the analysis of each statement according to the Indian Constitution:

  • Statement 1 is incorrect (Same person can be Governor for multiple states).
  • Statement 2 is incorrect (High Court Judges are appointed by the President).
  • Statement 3 is correct (No procedure laid down in the Constitution for Governor's removal).
  • Statement 4 is incorrect (CM in UTs with legislature is formally appointed by the President based on Lt. Governor's recommendation after ascertaining majority).

Therefore, the only correct statement is that no procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post.

Summary of Statement Analysis
Statement Analysis Correctness
Same person cannot be Governor for 2+ States. 7th Amendment to Art 153 allows this. Incorrect
High Court Judges appointed by Governor. Appointed by President (Art 217). Incorrect
No procedure for Governor removal in Constitution. Governor holds office during President's pleasure (Art 156), no specific removal procedure defined. Correct
UT CM appointed by Lt. Governor based on majority. Formally appointed by President based on Lt. Governor's recommendation after majority check. Incorrect (based on strict interpretation of "appointed by")

Revision Table: Key Constitutional Points

Key Constitutional Provisions on Governor and Judiciary
Constitutional Aspect Relevant Article(s) Key Provision
Governor for multiple States Art 153 (as amended by 7th Amendment) Same person can be appointed Governor for two or more States.
Appointment of High Court Judges Art 217 Appointed by President after consultation.
Term of office of Governor Art 156 Holds office during the pleasure of the President; normal term 5 years.
Removal of Governor Art 156 Holds office during President's pleasure; Constitution does not lay down a specific procedure for removal.
Appointment of CM in Delhi/Puducherry Art 239AA (for Delhi), Govt of UTs Act, 1963 (for Puducherry) Appointed by President based on Lt. Governor's actions regarding majority support.

Additional Information: Governor's Role and Removal

The Governor is the constitutional head of the state, acting on the aid and advice of the Council of Ministers, except in matters where the Constitution requires them to act in their discretion. The position of the Governor holding office during the pleasure of the President has been a subject of debate and judicial review.

  • The Supreme Court has held that the power of the President to remove the Governor is not absolute or arbitrary.
  • While there is no formal impeachment procedure, the removal should not be based on whims or political considerations.
  • However, the specific grounds or procedure for removal are not detailed in the Constitution itself, relying instead on the 'pleasure of the President', which in effect means the pleasure of the Union Government (Cabinet).
  • This lack of a defined removal procedure distinguishes the Governor's office from that of the President, Vice-President, Supreme Court Judges, High Court Judges, and the Chief Election Commissioner, for whom specific removal processes (like impeachment) are provided in the Constitution.
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Important Questions from Executive of the States

  1. Which of the following are the discretionary powers given to the Governor of a State? 

    (1) Sending a report to the President of India for imposing the President’s rule 

    (2) Appointing the Ministers 

    (3) Reserving certain bills passed by the State Legislature for consideration of the President of India 

    (4) Making the rules to conduct the business of the State Government 

    Select the correct answer using the code given below.

  2. Under Article 164(3) of the Constitution of India, who administers the oath of office to the State Ministers?
  3. Who was the first woman Chief Minister of Uttar Pradesh?

  4. The term of a Governor is

  5. Who administers the oath of office to the Governor?
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