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Q82 (CDS-II/2018) Polity & Governance › State Executive & Legislature › Governor powers, privileges, immunities Answer Verified

Which of the following statements relating to the duties of the Governor is/are correct? 1. The duties of the Governor as a constitutional Head of the State do not become the subject matter of questions or debate in the Parliament. 2. Where the Governor takes a decision independently of his Council of Ministers or where he acts as the Chief Executive of the State under President’s rule, his actions are subject to scrutiny by the Parliament. Select the correct answer using the code given below.

Result
Your answer:  ·  Correct: C
Explanation

The Governor of a state serves as the nominal constitutional head, and under normal circumstances, their actions are performed on the aid and advice of the Council of Ministers [2]. Consequently, as the constitutional head, the Governor's duties are generally not subject to debate or questions in Parliament, as the responsibility for state administration lies with the state government. However, when the Governor acts in their discretion or independently of the Council of Ministers, or when they function as the Chief Executive of the state during President's Rule under Article 356, their actions become subject to parliamentary scrutiny . During such periods, the Union government takes direct control, and the Governor acts as an agent of the President, making their executive decisions accountable to the Parliament of India [1]. Thus, both statements correctly describe the dual nature of the Governor's accountability depending on the constitutional context.

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > CONSTITUTIONAL POSITION OF GOVERNOR > p. 321
  2. [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 30: Governor > CONSTITUTIONAL POSITION OF GOVERNOR > p. 321
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