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20 प्रश्न — उत्तर और विस्तृत हल के साथ। RPSC, REET, Patwari और RSMSSB परीक्षाओं के लिए।
Article 156 states that the Governor shall hold office during the pleasure of the President. This provision gives the Governor the role of acting as an agent of the Central Government, as his appointment and removal are subject to the President (who acts on the advice of the Union Council of Ministers).
The Seventh Constitutional Amendment Act, 1956, amended Article 153, providing that the same person can be appointed as Governor for two or more states.
Under Article 201, the President can give or withhold his assent to a reserved bill, or direct the Governor to return the bill for reconsideration by the state legislature. Even if the legislature passes it again, the President is not bound to give assent.
Article 213 grants the Governor the power to issue ordinances when the State Legislature is not in session. This power is similar to the President's power to issue ordinances (Article 123).
As per Article 164(1) of the Indian Constitution, the Chief Minister is appointed by the Governor, and other ministers are appointed by the Governor on the advice of the Chief Minister.
Article 163 clarifies that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except insofar as he is by or under this Constitution required to exercise his functions in his discretion.
The Governor appoints the State Election Commissioner, but the process for his removal is similar to that of removing a High Court judge, in which the Governor has no role. He can only be removed by the President.
Article 167 defines the duties of the Chief Minister, which include furnishing information to the Governor regarding all decisions related to the administration and legislation of the state.
Article 356 empowers the Governor to recommend to the President the imposition of President's Rule if he is satisfied that the constitutional machinery in the state has failed.
As per Article 202 of the Indian Constitution, the Governor causes the Annual Financial Statement (Budget) of the state to be laid before the State Legislature for every financial year.
According to Article 157 of the Indian Constitution, a person must be a citizen of India and be at least 35 years of age to be appointed as Governor.
Under Article 200, the Governor can reserve a bill for the consideration of the President, especially if the bill endangers the position and powers of the State High Court. He can also reserve it in other cases, but this is a mandatory condition.
The Governor is the ex-officio Chancellor of all state universities and, as such, appoints the Vice-Chancellors of these universities. He also presides over convocations.
According to Article 155, the Governor of a state is appointed by the President by warrant under his hand and seal. Article 153 provides for a Governor for each state.
The term of office of the Governor is generally 5 years, but he holds office during the pleasure of the President and can be removed by the President at any time. There is no provision for the impeachment process to remove the Governor.
Sardar Gurumukh Nihal Singh became the first Governor of Rajasthan on November 1, 1956, when the post of Rajpramukh was abolished and the post of Governor was created under the State Reorganisation Act.
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 offense against any law relating to a matter to which the executive power of the State extends. Article 72 relates to the President's pardoning power.
As per Article 159 of the Indian Constitution, the Chief Justice of the High Court of the concerned state, or in his absence, the senior-most judge of that court, administers the oath of office and secrecy to the Governor.
In such a situation, the Governor exercises his discretionary power and appoints the person whom he believes can prove a majority in the Legislative Assembly, usually the leader of the largest party or coalition.
The appointment of the Advocate General of the State is made by the Governor on the advice of the Chief Minister; it is not a discretionary power of the Governor. The appointment of the Chief Minister, dissolution of the assembly, and recommending President's Rule may be included in his discretionary powers.
Read the theory first, then come back and practise the questions above.