State Executive

The Indian Constitution provides legal immunities and privileges to ensure the independent functioning of constitutional offices and legislative bodies.

Statement I: Correct * As per Article 361(1), the Governor is not answerable to any court for actions taken in the course of their official duties.

Statement II: Correct * Article 361(2) states that no criminal proceedings can be initiated or continued against a Governor during their term.

Statement III: Correct * Article 194(2) grants immunity to State Legislators for anything said or any vote given within the House or its committees.

Statement 1 is Incorrect: The size of the Legislative Council of a state cannot be larger than one-third of the total membership of the Legislative Assembly. The Constitution sets a limit to ensure the dominance of the lower house (Legislative Assembly) in a bicameral legislature.

Statement 2 is Incorrect: The Chairman of the Legislative Council is not nominated by the Governor. The members of the Legislative Council themselves elect the Chairman and Deputy Chairman. This ensures the independence of the Upper House from the executive branch (headed by the Governor).

The Sarkaria Commission was established by the Government of India in 1983 to review Centre-State relations and recommend improvements. One of its key areas of focus was the appointment of Governors.

Recommendations on the Appointment of Governor: - The Governor should be an eminent person with a distinguished record in public life. - The person must be from outside the State to ensure impartiality in administration. - The Governor should not have participated in active politics for some time prior to the appointment. - He should be a detached figure, not closely linked to local politics, to maintain neutrality. - The appointment process should involve wider consultation, including the Chief Minister of the State, the Vice President of India, and the Speaker of the Lok Sabha.

These recommendations were aimed at ensuring that the Governor functions as an independent and neutral constitutional authority, rather than a political appointee of the ruling party at the Centre.

Statement 1 is correct: Under Article 361 of the Indian Constitution, a Governor enjoys immunity from criminal proceedings while in office. No court can initiate proceedings against a Governor during their tenure for acts done in the exercise of their official duties. This provision ensures that the Governor can perform their constitutional responsibilities without fear of legal harassment. However, civil proceedings can be initiated with a two-month prior notice..

Statement 2 is correct: As per Article 158, the salary and allowances of a Governor are determined by law and cannot be reduced during their tenure. This provision guarantees the Governor's financial independence, preventing any undue influence on their functioning.

Hence, the correct answer is option (c) Both 1 and 2.

Statement 1 is correct: The dissolution of the State Legislative Assembly is not mandatory. The Assembly may either be dissolved (leading to fresh elections) or kept under suspension (placing it in a state of dormancy until further decisions are made).

Statement 2 is incorrect: When President's Rule is imposed in a state under Article 356, the Council of Ministers is always dismissed, as the state government is suspended and the Governor takes over the executive powers on behalf of the President.

Statement 3 is correct: The dissolution of local bodies is not a direct consequence of President's Rule. Since municipalities and panchayats function independently under the State List (as per the 73rd and 74th Amendments), their existence remains unaffected unless the state government had already initiated their dissolution through legal provisions.

Thus, while the removal of the Council of Ministers is automatic, the dissolution of the Legislative Assembly is conditional, and local bodies remain largely unaffected.

Hence, the correct answer is option (B) 1 and 3 only.

Statement 1 is incorrect: The Chief Secretary is appointed by the Chief Minister of the state. While Article 166 of the Constitution stipulates that all executive actions of a state government are taken in the name of the Governor, the actual authority to select and appoint the Chief Secretary rests with the Chief Minister. In administrative practice and for the purposes of the UPSC examination, the Chief Minister is recognized as the appointing authority, not the Governor.

Statement 2 is incorrect: There is no fixed tenure for the post of Chief Secretary. The duration of their service in this role is at the discretion of the state government (the Chief Minister). An officer can be removed or transferred from the post at any time before their retirement.

Statement 1 is correct: Sending a report to the President recommending imposition of President's Rule (Article 356) is a discretionary power of the Governor. The Governor can act independently if they believe the constitutional machinery in the state has failed.

Statement 2 is incorrect: The appointment of Ministers is done by the Governor on the advice of the Chief Minister, not at their discretion (Article 164).

Statement 3 is correct: The Governor has the discretionary power to reserve certain bills passed by the State Legislature for the President's consideration (Article 200).

Statement 4 is incorrect: The rules for the conduct of business of the State Government are made by the Governor on the advice of the Council of Ministers (Article 166), not at their discretion.

Option 'A' is incorrect: The 7th Amendment permitted the appointment of the same person as Governor for two or more states. This was implemented to streamline administration, particularly during the period of state reorganisation.

Option 'B' is incorrect: The judges of the High Court are also appointed by the President, like the Judges of the Supreme Court.

Option 'C' is correct: No procedure for the removal of the Governor is mentioned in the Constitution, as the Governor works under the pleasure of the President.

Option 'D' is incorrect: The Chief Minister of a Union Territory is appointed by the President, not LG.