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INDIAN POLITY > 24.Vice-President, Governor and Attorney General > Flashcards

24.Vice-President, Governor and Attorney General Flashcards

1
Q

What does Article 63 discuss?

A

Article 63 discusses the office of the Vice-President.

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2
Q

Why was the office of the Vice-President established?

A

The office of the Vice-President was established to ensure continuity in the office of the President.

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3
Q

Which country’s Vice-President is the Indian office modeled after?

A

The Indian office of the Vice-President is modeled on the lines of the American Vice-President.

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4
Q

What does Article 66 discuss?

A

Article 66 discusses the manner of election of the Vice-President.

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5
Q

How is the Vice-President elected?

A

The Vice-President, like the President, is elected indirectly, not directly by the people.

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6
Q

Who elects the Vice-President?

A

The Vice-President is elected by the members of an electoral college consisting of the members of both Houses of Parliament (both elected and nominated).

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7
Q

How does the electoral college for the Vice-President differ from the electoral college for the President?

A

The electoral college for the Vice-President differs from the electoral college for the President in two respects:
1.It consists of both elected and nominated members of Parliament (while for the President, only elected members are included).
2.It does not include members of the state legislative assemblies (while for the President, elected members of the state legislative assemblies are included).

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8
Q

What are the qualifications required to become the Vice-President?

A

The qualifications to become the Vice-President are:

1.Citizenship of India.
2.Minimum age of 35 years.
3.Eligibility for election as a member of the Rajya Sabha.
4.Not holding any office of profit under the union government, state government, local authority, or any other public authority.

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9
Q

What are the conditions for the office of the Vice-President?

A

The conditions for the office of the Vice-President are:

1.Not being a member of either house of parliament or the house of the state legislature.
2.Not holding any other office of profit.

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10
Q

How long does the Vice-President hold office?

A

The Vice-President holds office for a term of five years from the date on which he enters his office.

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11
Q

Can the Vice-President resign from his office? If so, how?

A

Yes, the Vice-President can resign from his office at any time by addressing the resignation letter to the President.

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12
Q

How can a vacancy occur in the Vice-President’s office?

A

A vacancy in the Vice-President’s office can occur in the following ways:

1.On the expiry of his tenure of five years.
2.By his resignation.
3.On his removal.
4.By his death.
5.Otherwise, for example, when he becomes disqualified to hold office or when his election is declared void.

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13
Q

Who decides any doubts or disputes regarding the election of the Vice-President?

A

The Supreme Court inquires into and decides any doubts or disputes in connection with the election of the Vice-President, and its decision is final.

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14
Q

Can the election of the Vice-President be challenged on the grounds of an incomplete electoral college?

A

No, the election of a person as Vice-President cannot be challenged on the ground that the electoral college was incomplete.

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15
Q

How can the Vice-President resign from office?

A

The Vice-President can resign from his office at any time by addressing the resignation letter to the President.

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16
Q

Is a formal impeachment process required for the removal of the Vice-President?

A

No, a formal impeachment is not required for the removal of the Vice-President.

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17
Q

How can the Vice-President be removed from office?

A

The Vice-President can be removed by a resolution of the Rajya Sabha passed by an absolute majority (a majority of the total members of the House) and agreed to by the Lok Sabha.

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18
Q

How much advance notice is required for moving a resolution for the removal of the Vice-President?

A

At least 14 days advance notice must be given before moving a resolution for the removal of the Vice-President.

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19
Q

Is any specific ground mentioned in the Constitution for the removal of the Vice-President?

A

No, no specific ground is mentioned in the Constitution for the removal of the Vice-President.

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20
Q

What is the role of the Vice-President in the Rajya Sabha?

A

The Vice-President acts as the ex-officio chairman of the Rajya Sabha.

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21
Q

When does the Vice-President act as the President?

A

The Vice-President acts as the President when a vacancy occurs in the office of the President due to resignation, impeachment, death, or other reasons.

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22
Q

What is the role of the Vice-President when the sitting President is unable to discharge their functions?

A

When the sitting President is unable to discharge their functions due to absence, illness, or any other cause, the Vice-President discharges their functions until the President resumes office.

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23
Q

What is the composition of the electoral college for the election of the President?

A

The electoral college for the election of the President consists of elected members from the Lok Sabha, Rajya Sabha, legislative assemblies of states, and legislative assemblies of Union Territories (Delhi and Puducherry only).

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24
Q

What is the composition of the electoral college for the election of the Vice-President?

A

The electoral college for the election of the Vice-President consists of both elected and nominated members from the Lok Sabha and Rajya Sabha only.

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25
Q

Does the electoral college for the Vice-President include members of the State legislative assemblies?

A

No, the electoral college for the Vice-President does not include members of the State legislative assemblies.

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26
Q

Why did the Constitution prefer indirect election for the President?

A

The Constitution preferred indirect election for the President due to the following reasons:

1.Cost and Time: Direct election would have been costly and time-consuming due to the large electorate size, which is unnecessary for a symbolic head.
2.Nominal Executive: The President is a nominal executive, with real powers vested in the council of ministers headed by the Prime Minister. Direct election would be inappropriate without real power.
3.Above Party Politics: Direct election could lead to a clash between two rival powers, whereas the President should remain above party politics.
4.Not Directly Responsible to the People: The framers of the Constitution wanted the power of the government to reside in the Council of Ministers and the Legislature, which represent the people.
5.Ceremonial Head: According to Dr. B.R. Ambedkar, the President’s role in the administration should be seen as a “ceremonial device on a seal by which the nation’s decisions are made known.”

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27
Q

What is the role of the President in the government?

A

The President is a nominal executive and the real powers are vested in the council of ministers headed by the Prime Minister.

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28
Q

What was the concern with direct election for the President?

A

Direct election for the President could have resulted in a clash of two rival powers, as the President should remain above party politics.

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29
Q

Who holds the real power in the government according to the framers of the Constitution?

A

The power of the government resides in the Council of Ministers and the Legislature, which are representative of the people.

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30
Q

How did Dr. B.R. Ambedkar view the role of the President?

A

Dr. B.R. Ambedkar viewed the President’s place in the administration as a “ceremonial device on a seal by which the nation’s decisions are made known.”

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31
Q

Why is there a difference in the election process between the President and the Vice-President?

A

The difference in the election process between the President and the Vice-President is due to their respective roles and powers.

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32
Q

What is the role of the President?

A

The President is the head of the state, and their power extends to both the administration by the Centre and the states.

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33
Q

Why are members of Parliament and members of State legislatures included in the electoral college for the President?

A

Members of Parliament and members of State legislatures are included in the electoral college for the President because the President’s power extends to both the Centre and the states.

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34
Q

What is the typical function of the Vice-President?

A

The typical function of the Vice-President is to preside over the council of states (Rajya Sabha).

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35
Q

When may the Vice-President be called upon to assume the duties of the President?

A

The Vice-President may be called upon to assume the duties of the President on rare occasions and for a temporary period.

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36
Q

What are the qualifications for the President?

A

The qualifications for the President include being a citizen of India, completing 35 years of age, and being qualified for election as a member of the Lok Sabha.

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37
Q

What are the conditions of office for the President?

A

The President should not be a member of either House of Parliament or a House of the state legislature, and should not hold any office of profit under the government.

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38
Q

How long is the term of the President?

A

The term of the President is 5 years.

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39
Q

To whom does the President resign?

A

The President resigns to the Vice President.

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40
Q

How can the President be removed from office?

A

The President can be removed by a process of impeachment for ‘violation of the Constitution’.

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41
Q

Is the President eligible for re-election?

A

Yes, the President is eligible for re-election.

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42
Q

What are the qualifications for the Vice-President?

A

The qualifications for the Vice-President include being a citizen of India, completing 35 years of age, and being qualified for election as a member of the Rajya Sabha.

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43
Q

What are the conditions of office for the Vice-President?

A

The Vice-President should not be a member of either House of Parliament or a House of the state legislature, and should not hold any office of profit under the government.

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44
Q

How long is the term of the Vice-President?

A

The term of the Vice-President is 5 years.

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45
Q

To whom does the Vice-President resign?

A

The Vice-President resigns to the President.

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46
Q

How can the Vice-President be removed from office?

A

The Vice-President can be removed by a resolution of the Rajya Sabha passed by an absolute majority and agreed to by the Lok Sabha.

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47
Q

Is the Vice-President eligible for re-election?

A

Yes, the Vice-President is eligible for re-election.

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48
Q

What does Article 153 of the Indian Constitution deal with?

A

Article 153 deals with the Governors of States and states that there shall be a Governor for each State.

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49
Q

What role does the Governor play in the Indian political system?

A

The Governor is considered a linking pin between the Center (Central Government) and the State governments.

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50
Q

What is the difference between the appointment of Governors in India and the United States?

A

In India, the Governors are appointed by the President, whereas in the United States, the governors are elected directly.

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51
Q

What is the role of the Governor in ensuring thorough checking of laws passed by State Assemblies?

A

The Governor in the states plays a role in checking the laws passed by State Assemblies, particularly in a unitary biased model.

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52
Q

How is the Governor appointed?

A

The Governor is appointed by the President through a warrant under their hand and seal.

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53
Q

Who appoints the Governor in India?

A

The Governor is appointed by the President of India.

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54
Q

Is the office of Governor considered an employment under the Central government?

A

No, the Supreme Court has held that the office of Governor of a state is not an employment under the Central government.

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55
Q

According to the Sarkaria Commission’s recommendations, what qualities should the Governor possess?

A

The Sarkaria Commission recommended that the Governor should be eminent in some walks of life and from outside the state, should not have participated in politics recently, and should not be a member of the ruling party.

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56
Q

What does Article 153 of the Indian Constitution pertain to?

A

Article 153 deals with the Governors of States.

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57
Q

Which article of the Indian Constitution discusses the executive power of the State?

A

Article 154 covers the executive power of the State.

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58
Q

What does Article 155 of the Indian Constitution address?

A

Article 155 deals with the appointment of the Governor.

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59
Q

How long is the term of office for a Governor?

A

The term of office of a Governor is specified in Article 156.

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60
Q

What are the qualifications for appointment as a Governor?

A

Article 157 outlines the qualifications for appointment as a Governor.

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61
Q

What are the conditions of the Governor’s office?

A

The conditions of the Governor’s office are mentioned in Article 158.

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62
Q

What is the oath or affirmation taken by the Governor called?

A

The oath or affirmation taken by the Governor is mentioned in Article 159.

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63
Q

In certain contingencies, who can discharge the Governor’s functions?

A

Article 160 describes the discharge of the Governor’s functions in certain contingencies.

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64
Q

What powers does the Governor have regarding pardons and sentences?

A

The power of the Governor to grant pardons, suspend sentences, etc., is covered in Article 161.

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65
Q

Which article defines the extent of executive power of the State?

A

Article 162 specifies the extent of executive power of the State.

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66
Q

Who aids and advises the Governor in the exercise of executive functions?

A

Article 163 mentions the Council of Ministers who aid and advise the Governor.

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67
Q

Which article discusses other provisions related to Ministers?

A

Article 164 covers other provisions related to Ministers.

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68
Q

What is the role of the Advocate General in a State?

A

The role of the Advocate General for the State is described in Article 165.

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69
Q

How is the business of the State Government conducted?

A

The conduct of business of the Government of a State is detailed in Article 166.

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70
Q

What are the duties of the Chief Minister with respect to the Governor?

A

Article 167 outlines the duties of the Chief Minister as respects the furnishing of information to the Governor, etc.

71
Q

Which article covers the sessions, prorogation, and dissolution of the State Legislature?

A

Article 174 addresses the sessions of the State Legislature, prorogation, and dissolution.

72
Q

Does the Governor have the right to address and send messages to the Legislature?

A

Yes, the right of the Governor to address and send messages to the Legislature is provided in Article 175.

73
Q

What is a special address by the Governor?

A

A special address by the Governor is discussed in Article 176.

74
Q

What is the role of the Governor in giving assent to bills?

A

Article 200 deals with the assent to bills by the Governor.

75
Q

Which article covers bills reserved for consideration by the President?

A

Article 201 discusses bills reserved for consideration.

76
Q

In which situations can the Governor promulgate ordinances?

A

Article 213 provides the power of the Governor to promulgate ordinances during the recess of the Legislature.

77
Q

Which article specifies the appointment and conditions of the office of a Judge of a High Court?

A

Article 217 covers the appointment and conditions of the office of a Judge of a High Court.

78
Q

How are district judges appointed?

A

The appointment of district judges is discussed in Article 233.

79
Q

Which article addresses the recruitment of persons other than district judges to the judicial service?

A

Article 234 pertains to the recruitment of persons other than district judges to the judicial service.

80
Q

What is the term of office for a Governor?

A

A Governor holds office for a term of five years.

81
Q

Can a Governor resign from office?

A

Yes, a Governor can resign at any time by addressing a resignation letter to the President.

82
Q

Is the pleasure of the President justifiable regarding the Governor’s term?

A

No, the Supreme Court held that the pleasure of the President regarding the Governor’s term is not justifiable.

83
Q

Can the President remove a Governor from office?

A

Yes, the President can remove a Governor at any time.

84
Q

Are there specific grounds for the removal of a Governor by the President?

A

No, the Constitution does not specify any grounds for the removal of a Governor by the President.

85
Q

What are the qualifications for appointment as a Governor?

A

The qualifications for appointment as a Governor include being a citizen of India and having completed the age of 35 years.

86
Q

Why is it preferred for a Governor to be an outsider to the state of appointment?

A

It is preferred for a Governor to be an outsider to ensure freedom from local politics.

87
Q

Who is consulted during the appointment of a Governor?

A

The President is required to consult the Chief Minister of the concerned state during the appointment of a Governor.

88
Q

Are there any restrictions on a Governor’s membership in Parliament or the state legislature?

A

Yes, a Governor should not be a member of either house of Parliament or the state legislature.

89
Q

Can a Governor hold any office of profit under the government?

A

No, a Governor should not hold any office of profit under the government.

90
Q

What powers does a Governor possess?

A

A Governor possesses executive, legislative, financial, and judicial powers analogous to the President of India.

91
Q

What powers does a Governor not possess?

A

A Governor does not possess diplomatic, military, or emergency powers like the President.

92
Q

What are the different heads under which the powers and functions of the Governor can be studied?

A

The powers and functions of the Governor can be studied under the following heads: executive powers, legislative powers, financial powers, and judicial powers.

93
Q

Why is the direct election of the Governor considered incompatible with the parliamentary system?

A

The direct election of the Governor is considered incompatible with the parliamentary system established in the states.

94
Q

What conflicts can arise between the Governor and the Chief Minister under the mode of direct election?

A

The mode of direct election is more likely to create conflicts between the Governor and the Chief Minister.

95
Q

Why is making arrangements for the direct election of the Governor considered unnecessary?

A

The Governor, being a Constitutional (nominal) head, does not require elaborate arrangements for direct election, especially considering the associated costs.

96
Q

Why is an elected Governor likely to be biased and partial?

A

An elected Governor would naturally belong to a party and may not be a neutral and impartial head.

97
Q

How does the system of Presidential nomination enable the Centre to maintain control over the states?

A

The system of Presidential nomination allows the Centre to have control over the states by selecting Governors.

98
Q

Why would a Chief Minister prefer his nominee to contest for governorship?

A

A Chief Minister would prefer his nominee to contest for governorship to ensure that a second-rate person from the ruling party is elected as Governor.

99
Q

What is one argument in favor of an elected Governor?

A

One argument is that an elected Governor ensures that the individual is aware of the culture, language, and development needs of the state.

100
Q

What is a potential drawback of nominated Governors?

A

There is an equal likelihood of friction in the case of nominated Governors.

101
Q

How does the appointment of Governors by nomination violate the true spirit of federalism?

A

Nominated Governors are seen as a violation of the true spirit of federalism.

102
Q

How can the election of Governors help in avoiding mass removals in case of a change in government at the central level?

A

The election of Governors can help avoid mass removals of Governors in the event of a change in government at the central level.

103
Q

What concern arises with appointed Governors in terms of their relationship with the center?

A

There is a concern that appointed Governors may try to destabilize state governments under instructions from the center.

104
Q

What tendency can be observed in Raj Bhavan (Governor’s residence) when Governors are appointed?

A

Raj Bhavan tends to become a rehabilitation center and is often used for political accommodation.

105
Q

Who formally takes all executive actions of the Government of India?

A

The President.

106
Q

Who appoints the Prime Minister and other ministers?

A

The President.

107
Q

Who appoints the Chief Minister and other ministers in a state?

A

The Governor.

108
Q

Who appoints the Attorney General of India and determines his remuneration?

A

The President.

109
Q

Who appoints the Advocate General of a state and determines his remuneration?

A

The Governor.

110
Q

Who appoints the CAG, Chief Election Commissioner, and other Election Commissioners?

A

The President.

111
Q

Who appoints the State Election Commissioner?

A

The Governor.

112
Q

Who can declare any area as a scheduled area?

A

The President.

113
Q

Who has special responsibilities with respect to the tribal population in scheduled areas?

A

The Governor.

114
Q

Who can recommend the imposition of constitutional emergency in a state to the President?

A

The Governor.

115
Q

Who directly administers the union territories?

A

The President.

116
Q

Who acts as the Chancellor of universities in the state?

A

The Governor.

117
Q

Who can appoint an inter-state council to promote Centre-state and interstate cooperation?

A

The President.

118
Q

Who has powers with respect to the administration of scheduled areas and tribal areas?

A

Both the President and the Governor.

119
Q

Who can summon or prorogue the Parliament and dissolve the Lok Sabha?

A

The President.

120
Q

Who can summon or prorogue the state legislature and dissolve the state legislative assembly?

A

The Governor.

121
Q

Who can address the Parliament at specific sessions and occasions?

A

The President.

122
Q

Who can address the state legislature at specific sessions and occasions?

A

The Governor.

123
Q

Who nominates 12 members of the Rajya Sabha?

A

The President.

124
Q

Who nominates one-sixth of the members of the state legislative council?

A

The Governor.

125
Q

Who decides on the question of disqualification of members of Parliament?

A

The President, in consultation with the Election Commission.

126
Q

Who decides on the question of disqualification of members of the state legislature?

A

The Governor, in consultation with the Election Commission.

127
Q

Who can make regulations for certain Union territories?

A

The President.

128
Q

Who can promulgate ordinances when the state legislature is not in session?

A

The Governor.

129
Q

Who has veto powers with regards to state and central legislations?

A

Both the President and the Governor.

130
Q

Who lays reports of various commissions and authorities before Parliament?

A

The President.

131
Q

Who lays reports of State Finance Commission, State Public Service Commission, and Comptroller and Auditor-General before the state legislature?

A

The Governor.

132
Q

What is meant by discretion?

A

Discretion refers to decision-making power on one’s own.

133
Q

What are the two types of discretion?

A

The two types of discretion are situational and constitutional.

134
Q

Which type of discretion does the Governor have?

A

The Governor has both situational and constitutional discretion.

135
Q

Which type of discretion does the President have?

A

The President has only situational discretion.

136
Q

What is the effect of the 42nd Constitutional Amendment on ministerial advice?

A

The 42nd Constitutional Amendment made ministerial advice binding on the President, but not on the Governor.

137
Q

Under what circumstances can the President act at his situational discretion?

A

The President can act at his situational discretion in the appointment of the Prime Minister when there is no clear majority or when the current Prime Minister dies suddenly without an obvious successor, dismissal of the council of ministers when they cannot prove the confidence of the Lok Sabha, and dissolution of the Lok Sabha if the council of ministers has lost its majority.

138
Q

Under what circumstances can the Governor act at his situational discretion?

A

The Governor can act at his situational discretion in the appointment of the Chief Minister when there is no clear majority or when the current Chief Minister dies suddenly without an obvious successor, dismissal of the council of ministers when they cannot prove the confidence of the state legislative assembly, and dissolution of the state legislative assembly if the council of ministers has lost its majority.

139
Q

What is the meaning of discretional powers of the Governor?

A

Discretional powers of the Governor refer to the decision-making authority granted to the Governor in specific situations.

140
Q

In which cases does the Governor have constitutional discretion?

A

The Governor has constitutional discretion in the following cases: reservation of a bill for the consideration of the President, recommendation for the imposition of the President’s Rule in the state, while exercising functions as the administrator of an adjoining union territory (in case of an additional charge), determining the amount payable by the government of Assam, Meghalaya, Tripura, and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration, and seeking information from the Chief Minister regarding administrative and legislative matters of the state.

141
Q

What is the significance of reservation of a bill for the consideration of the President?

A

The Governor can exercise constitutional discretion by reserving a bill passed by the state legislature for the consideration of the President. This allows the President to review the bill and decide whether to give assent or withhold assent.

142
Q

When can the Governor recommend the imposition of President’s Rule in a state?

A

The Governor can recommend the imposition of President’s Rule in a state if the Governor is satisfied that the governance in the state cannot be carried out according to the provisions of the Constitution.

143
Q

What is the role of the Governor when acting as the administrator of an adjoining union territory?

A

In case of an additional charge, the Governor may exercise constitutional discretion while performing functions as the administrator of an adjoining union territory, which involves overseeing the administration and decision-making processes of the union territory.

144
Q

What is the responsibility of the Governor in determining the amount payable by certain states to an autonomous Tribal District Council?

A

The Governor determines the amount payable by the governments of Assam, Meghalaya, Tripura, and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration, exercising constitutional discretion in financial matters related to the Council.

145
Q

How does the Governor exercise discretional powers in seeking information from the Chief Minister?

A

The Governor can exercise constitutional discretion by seeking information from the Chief Minister regarding the administrative and legislative matters of the state, allowing the Governor to stay informed and oversee the functioning of the state government.

146
Q

What is one of the issues related to the office of the Governor?

A

Rehabilitative appointments, where the post is used as a retirement package for politicians who are politically faithful to the government of the day.

147
Q

Why could it be difficult for a candidate with a political ideology to adjust to the role of a Governor?

A

The requirements of the Governor’s role as a constitutionally mandated neutral position may conflict with the political ideology of a candidate, making it challenging for them to adapt.

148
Q

What has been a significant issue concerning the removal of Governors?

A

Arbitrary removal of the Governor before the completion of their tenure has been a prominent issue in recent times.

149
Q

How have the discretionary powers of the Governor been misused?

A

The Governor’s discretionary powers to invite the leader of the largest party or alliance to form the government after an election have been misused to favor a particular political party, leading to friction between the Center and the States.

150
Q

What is an example of the abuse of the Governor’s position?

A

There have been instances of the Governor’s position being abused, usually at the behest of the ruling party at the Centre, for political gains.

151
Q

What role does partisanship play in the concerns related to the office of the Governor?

A

The Governor’s non-partisanship is expected, but there have been cases where the Governor’s support of the ruling party goes against this spirit, as seen in the example of the Governor of Rajasthan being charged with violating the model code of conduct.

152
Q

How has the power under Article 356 been misused?

A

The imposition of the President’s rule (Article 356) in the case of a breakdown of constitutional machinery in a state has been frequently misused by the central government for political purposes.

153
Q

What criticism is often leveled against the role of the Governor?

A

The criticism is that the Governor’s role has been reduced to that of a mere rubber stamp or puppet, as their work is bound by the aid and advice of their council of ministers.

154
Q

How does the requirement of following the aid and advice of the council of ministers affect the significance of the Governor’s office?

A

The requirement limits the independent decision-making power of the Governor and diminishes the significance of the office, reducing it to a mere rubber stamp.

155
Q

What is the implication of the Governor being considered a rubber stamp?

A

It implies that the Governor’s actions and decisions are largely dictated by the council of ministers, leaving little room for independent judgment or authority.

156
Q

What impact does the perception of the Governor as a puppet have on the functioning of the office?

A

The perception of the Governor as a puppet can undermine the credibility and effectiveness of the office, as it suggests that their actions are controlled by external forces rather than being based on independent judgment and constitutional responsibility.

157
Q

How does the notion of being a rubber stamp affect the perception of the Governor’s role?

A

The notion of being a rubber stamp diminishes the perception of the Governor as a constitutional authority and raises questions about the legitimacy and autonomy of their actions and decisions.

158
Q

What is the significance of Article 356 in the context of Indian politics?

A

Article 356 allows for the imposition of President’s Rule in a state in case of a breakdown of constitutional machinery.

159
Q

How has Article 356 been misused in the past?

A

Article 356 has been misused on numerous occasions for political considerations, contrary to its intended purpose.

160
Q

What did the Supreme Court rule regarding the imposition of President’s Rule in Arunachal Pradesh?

A

In 2016, the Supreme Court quashed the decisions of the Governor that led to the imposition of President’s Rule in Arunachal Pradesh, deeming them illegal and violative of constitutional provisions.

161
Q

What happened in Maharashtra in 2019 regarding the recommendation to impose President’s Rule?

A

In Maharashtra, in 2019, the Governor recommended the imposition of President’s Rule without exploring the possibility of government formation, sparking controversy and criticism.

162
Q

What was the assurance given by Dr. Babasaheb Ambedkar regarding Article 356?

A

Dr. Babasaheb Ambedkar assured that Article 356 would be a dead letter, suggesting it would not be frequently used. However, it has been misused multiple times for political purposes.

163
Q

What are the recommendations of the Sarkaria Commission regarding the use of Article 356?

A

The Sarkaria Commission recommended that Article 356 should be used as a last resort in rare cases to restore the breakdown of constitutional machinery in a state.

164
Q

What suggestion did the Sarkaria Commission make before taking action under Article 356?

A

The commission suggested that a warning should be issued to the state government before taking action under Article 356, indicating that the government is not functioning according to the constitution.

165
Q

Who should be involved in the appointment of the Governor, according to the Sarkaria Commission?

A

The Sarkaria Commission recommended that the Governor should be appointed in consultation with the Chief Minister of the State, the Vice-President of India, and the Speaker of the Lok Sabha.

166
Q

What recommendations did the Sarkaria Commission make regarding the tenure of office of the Governor?

A

The commission recommended that the tenure of office of the Governor should be guaranteed and not disturbed except for compelling reasons. It also suggested that frequent removals and transfers of Governors before the end of their tenure should be stopped.

167
Q

What restrictions did the Sarkaria Commission propose for individuals appointed as Governors after demitting office?

A

The commission recommended that individuals appointed as Governors should not be eligible for any other appointment or office of profit under the Union or a State Government, except for a second term as Governor or election as Vice-President or President of India.

168
Q

According to the recommendations, who should be asked to become the Chief Minister if a single party has an absolute majority in the Assembly?

A

The leader of the party with an absolute majority in the Assembly should be asked to become the Chief Minister.

169
Q

What should the Governor do if there is no single party with an absolute majority in the Assembly?

A

If there is no single party with an absolute majority, the Governor should select a Chief Minister from among the parties or groups of parties based on a specific order of preference.

170
Q

What is the order of preference for selecting a Chief Minister in case of no single party with an absolute majority?

A

The order of preference, as recommended, is as follows:

1.Alliance of parties formed prior to the Elections.
2.The largest single party staking a claim to form the government with the support of others, including independents.
3.A post-electoral coalition with all partners joining the government.
4.A post-electoral alliance with some parties joining the government and the remaining support from outside.

171
Q

What recommendation is made regarding the communication of reasons for withholding assent to state bills?

A

The recommendation is that when the President withholds his assent to state bills, the reasons should be communicated to the state government.

172
Q

What recommendation is made regarding the procedure of consulting the chief minister in the appointment of the state government?

A

The recommendation is that the procedure of consulting the chief minister in the appointment of the state government should be prescribed in the Constitution itself.

173
Q

Can the Governor dismiss the council of ministers if it commands a majority in the assembly?

A

No, the Governor cannot dismiss the council of ministers as long as it commands a majority in the assembly. This is a key recommendation made by the commission.

INDIAN POLITY (40 decks)

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