Which one of the following statements is
correct?
No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post
Let's carefully examine each statement provided in the question to determine its accuracy concerning the Indian Constitution and the role of the Governor.
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.
Therefore, this statement is incorrect. The Constitution explicitly allows for the appointment of the same person as Governor for more than one state.
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.
This clearly shows that High Court Judges are appointed by the President, not the Governor of the State. Therefore, this statement is incorrect.
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.
Thus, this statement is correct. The Constitution does not prescribe a formal procedure for the removal of a Governor.
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.
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.
Based on the analysis of each statement according to the Indian Constitution:
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.
| 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") |
| 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. |
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.
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.
Who was the first woman Chief Minister of Uttar Pradesh?
The term of a Governor is