governor’s decision on disqualification on these matters

17
Q1. C About State Election Commissions (SECs): The State Election Commission has been entrusted with the function of conducting free, fair and impartial elections to the local bodies in the state. Article 243K(1): It states that the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats (Municipalities under Article 243ZA) shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor. Governor’s decision on disqualification on these matters is final but he has to obtain advice of election commission on this matters. Questions regarding disqualification on grounds of defection [tenth schedule] are decided by the presiding officer of that house. Article 243I of the Indian Constitution prescribes that the Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor Article 243K(2): It states that the tenure and appointment will be directed as per the law made by the state legislature. However, State Election Commissioner shall not be removed from his/her office except in like manner and on the like grounds as a Judge of a High Court. Q2. D There is no provision for a joint sitting of the Legislative Assembly and the Legislative Council in the States for resolving deadlocks While there is such a provision in the case of the two House of Parliament

Upload: others

Post on 11-Feb-2022

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Governor’s decision on disqualification on these matters

Q1. C

About State Election Commissions (SECs):◦ The State Election Commission has been entrusted with the function of

conducting free, fair and impartial elections to the local bodies in the state.◦ Article 243K(1): It states that the superintendence, direction and

control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats (Municipalities under Article 243ZA) shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.

Governor’s decision on disqualification on these matters is final but he has to obtain advice of election commission on this matters.

Questions regarding disqualification on grounds of defection [tenth schedule] are decided by the presiding officer of that house.

Article 243I of the Indian Constitution prescribes that the Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor

◦ Article 243K(2): It states that the tenure and appointment will be directed as per the law made by the state legislature. However, State Election Commissioner shall not be removed from his/her office except in like manner and on the like grounds as a Judge of a High Court.

Q2. D

There is no provision for a joint sitting of the Legislative Assembly and the Legislative Council in the States for resolving deadlocks While there is such a provision in the case of the two House of Parliament

Page 2: Governor’s decision on disqualification on these matters

Q3. BGovernor of an Indian state draws ordinance making power from Article 213 of the constitution. This article empowers the governor to promulgate ordinance on urgent matter during recess of legislature. To issue an ordinance, the governor must be satisfied with the circumstances that make it necessary for him / her to take immediate action.

Q4. C

1 Part 10 of the Indian Constitution entails the provisions related to Scheduled and Tribal Areas with Articles 244 – 244 A.

2 President is empowered to declare an area as Scheduled Area3 With the consultation of the governor of the state, the President can

alter, add, diminish the boundary of a Scheduled Area4 Both the Centre and the State have their roles to play in the

administration of the Scheduled areas. While the governor of the state has to report annually to the President over the management of such area, the Centre gives directions to the state regarding the administration of such areas.

5 A tribal advisory council is a must for the states having scheduled areas◦ It has 20 members (Three-Fourth of which are Scheduled Tribes’

representatives in that state legislative assembly.)6 The power to decide whether any central or state legislation implies

over the state having scheduled areas, lies in the hands of the Governor.

7 Governor can also repeal or amend any regulations w.r.t to the state having scheduled areas but only with the assent of the President of India

the Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State: Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution.

Q5. B

Page 3: Governor’s decision on disqualification on these matters

Q6. BIn the Constitution, 'Agriculture' has been placed as Entry 14 in the State List along with several ancillary matters, while some agriculture-related items have been included in the Union List and the Concurrent List.

Q7. DAppointment of additional and acting Judges.-(1) If by reason of any temporary increase in the business of High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specific.(2) When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties.(3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty-two years.

Q8. B

◦ There shall be Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion. (Article 163).◦ The Governor appoints Chief Minister and other Ministers. (Article 164).

Q9. D

Qualifications: 1. 35 or above years of age2. citizen of India3. He can’t be a Member of Parliament or state legislatures. The day he is appointed in as governor he is deemed to have vacated his seat in legislatures.

Page 4: Governor’s decision on disqualification on these matters

The original plan in the Draft Constitution was to have elected Governors. But in the Constituent Assembly, it was replaced by the method of appointment by the President.

(3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.]

Q10. C

Entry 56 of Union List empowers the Union Government for the regulation and development of inter-state rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.

According to Article 262, in case of disputes relating to waters:◦ Parliament may by law provide for the adjudication of any dispute or

complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.◦ Parliament may, by law provide that neither the Supreme Court nor

any other court shall exercise jurisdiction in respect of any such dispute or complaint as mentioned above.

Q11. A

Elections to the Rajya Sabha are indirect; members representing States are elected by elected members of legislative assemblies of the States in accordance with the system of proportional representation by means of the single transferable vote, and those representing Union Territories are chosen in such manner as Parliament may by law prescribe. The Rajya Sabha is not subject to dissolution; one-third of its members retire every second year.

Page 5: Governor’s decision on disqualification on these matters

The Sarkaria Commission recommended that the residuary power of legislation in regard to taxation remain with Parliament because, it said, the Constitution-makers did not include any entry relating to taxation in the Concurrent List so as to avoid Union-State frictions, double taxation and frustrating litigation. The Commission said that the power to tax might be used not only to raise resources but also to regulate economic activity, and warned that there might be situations in which a State, in the garb of introducing a new subject of taxation, may legislate in a manner prejudicial to national interest. But it justified the transfer of other residuary powers to the Concurrent List because, it felt, the exercise of such power by the States would be subject to the rules of Union supremacy that have been built into the scheme of the Constitution, particularly Articles 246 and 254.

Q12. A

Q13. A

Q14. D

Q15. D

The state executive consists of the Governor, Chief Minister, Council of Ministers, and Advocate-General of State. Governor, as President, heads the state government. The provisions related to the state governments of

the country are dealt with by the articles 153-167 of the Indian Constitution.

Q16. CThe CM of the state performs functions in relation to the different categories of people:1 In relation to the Council of Ministers2 In relation to the Governor3 In relation to the State Legislature

Other than that, he also performs the following functions:1 He chairs the State Planning Board2 He is a vice-chairperson of the concerned zonal council by rotation,

holding that office for a period of one year at a time3 He is a member of Inter-State Council and National Development

Council which are headed by the Prime Minister.

Page 6: Governor’s decision on disqualification on these matters

Q17. BStructural Fragility Of Union Territories

Composition of the Legislature: Article 239A was originally brought in, by the 14th Constitutional amendment act, 1962, to enable Parliament to create legislatures for the UTs. Under this article, the parliament enacted the Government of Union Territories Act, 1963.◦ The aftermath of this law is that a simple amendment in the

Government of Union Territories Act, 1963 can create a legislature with more than 50% nominated members.◦ However, the question remains, how can a predominantly

nominated House promote representative democracy.

Issue of Nomination: The Government of Union Territories Act provides for a 33-member House for Puducherry of whom three are to be nominated by the Central government.◦ So, when the Union government nominated three members to

the Assembly without consulting the government, it was challenged in the court.◦ The Supreme Court in K. Lakshminarayanan v. Union of India,

2019 case held that the Union government is not required to consult the State government for nominating members to the Assembly and the nominated members have the same right to vote as the elected members.

Q18. BFacts about Speaker & Deputy Speaker:1 A Speaker vacates his office if he ceases to be a member of the Assembly.2 He may also resign his office at any time.3 A speaker may be removed from office by a resolution of the Assembly passed

by a majority of all the then members of the Assembly after fourteen days’ notice of the intention to move such a resolution.

4 Speaker does not vacate his office on the dissolution of the Assembly.5 He continues to be the Speaker until immediately before the first sitting of the

Assembly after the dissolution.6 While the office of the Speaker is vacant, the Deputy Speaker performs his

duties.7 The duties and powers of the Speaker are, broadly speaking the same as those

of the Speaker of the House of the People (Lok Sabha).

Page 7: Governor’s decision on disqualification on these matters

Q19. D Share Share As per Article 361,• The President or Governor are not personally answerable to any

court for the exercise and performance of their powers, while in office.

• But it does not mean that conduct of these two office holders can not be checked. The Article 361 makes it clear that conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under article 61.

• No criminal proceedings can be started or continued against the President, or the Governor of a State, in any court during his term of office.

• No court can issue arrest warrants for President as well as Governor.

• Civil proceedings against a Governor or President against things done by him in his personal capacity can be done only with a prior 2 months notice.

Q20. DNo money bill can be introduced without the governor’s recommendation. Such a bill is a government bill and can be introduced only by a minister. It can be introduced only in legislative assembly. The bill if passed goes to the legislative council. The council can only discuss it and make recommendation. It has to return bill in 14 days. The assembly may reject or accept such recommendations. The bill is then given to governor for assent. Governor may give or withhold it or sent it for president’s consideration. President too may give or withhold assent. But neither governor nor president can return the bill for reconsideration.

Page 8: Governor’s decision on disqualification on these matters

Q21. D

Composition◦ Under Article 171 of the Constitution, the Legislative Council of a

state shall not have more than one-third of the total strength of the State Assembly, and not less than 40 members.◦ Like the Rajya Sabha, the legislative council is a continuing

chamber, that is, it is a permanent body and is not subject to dissolution. The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.

Manner of Election◦ One-third of the MLCs are elected by the state’s MLAs,◦ Another 1/3rd by a special electorate comprising sitting members

of local governments such as municipalities and district boards,◦ 1/12th by an electorate of teachers and another 1/12th by

registered graduates.◦ The remaining members are appointed by the Governor for

distinguished services in various fields namely, literature, science, art, cooperative movement and social service.

Q22. C

Q23. A

Q24. D

Page 9: Governor’s decision on disqualification on these matters

Q25. A

The political parties often adopt the practice of appointing deputy chief ministers to appease their allies. As a matter of fact, the post of a deputy chief minister does not hold any more significance than that of a Cabinet minister in the state. Haryana has had a tradition of having deputy chief ministers with Chaudhary Chand Ram, a tall Jat leader from Rohtak being the first to hold such a post in Haryana in 1966-67 in the government led by Rao Birender Singh.

The Deputy Chief Minister is a member of the state government. While not a constitutional office, it seldom carries any specific powers.[1] A deputy chief minister usually also holds a cabinet portfolio such as home minister or finance minister. In the parliamentary system of government, the Chief Minister is treated as the "first among equals" in the cabinet; the position of deputy chief minister is used to bring political stability and strength within a coalition government.Currently, 14 out of the 28 states and 1 out of the 8 union territories have deputy chief ministers. Out of these 15 states and union territories, Andhra Pradesh has five deputy chief ministers, while Bihar, Uttar Pradesh and Goa have two deputy chief ministers each. No other states and union territories have more than one deputy chief minister in office.

Q26. C

Q27. C• The President, in effect the central government, has the power to remove

a Governor at any time without giving him or her any reason, and without granting an opportunity to be heard.

• However, this power cannot be exercised in an arbitrary, capricious or unreasonable manner. The power of removing Governors should only be exercised in rare and exceptional circumstances for valid and compelling reasons.

• The mere reason that a Governor is at variance with the policies and ideologies of the central government, or that the central government has lost confidence in him or her, is not sufficient to remove a Governor. Thus, a change in central government cannot be a ground for removal of Governors, or to appoint more favourable persons to this post.

Page 10: Governor’s decision on disqualification on these matters

• A decision to remove a Governor can be challenged in a court of law. In such cases, first the petitioner will have to make a prima facie case of arbitrariness or bad faith on part of the central government. If a prima facie case is established, the court can require the central government to produce the materials on the basis of which the decision was made in order to verify the presence of compelling reasons.

• In summary, this means that the central government enjoys the power to remove Governors of the different states, as long as it does not act arbitrarily, without reason, or in bad faith.

Q28. D

Q29. C

Q30. D

Q31. C

The Governor’s appointment, his powers and everything related to the office of Governor have been discussed under Article 153 to Article 162 of the Indian Constitution.

The role of the Governor is quite similar to that of the President of India. The Governor performs the same duties as of President, but for the State. Governor stands as executive head of a State and the working remains the same as of the office of President of India. Under the Constitution of India, the governing machinery is the same as that of the Central Government.

It is stated that the Governor has a dual role. ◦ He is the constitutional head of the state, bound by the advice of

his council of ministers.◦ He functions as a vital link between the Union Government and

the State Government

Page 11: Governor’s decision on disqualification on these matters

Q32. C

NITI Aayog has been constituted to actualize the important goal of cooperative federalism and enable good governance in India. Two key features of cooperative federalism are (1) a joint focus on the National Development Agenda by the Centre and States and (2) advocacy of concerns and issues of States and Union Territories with Central Ministries. NITI Aayog has also established models and programmes for the development of infrastructure and to reignite and establish public-private partnership, such as the Development Support Services to States and Union Territories, and the Sustainable Action for Transforming Human Capital programme.

Q33. A

Q34. D

Q35. C

The 7th Schedule of the Indian Constitution deals with the division of powers between the Union government and State governments. It is a part of 12 Schedules of Indian Constitution. The division of powers between Union and State is notified through three kinds of the list mentioned in the seventh schedule:1 Union List – List I2 State List – List II3 Concurrent List – List III

Page 12: Governor’s decision on disqualification on these matters

The Constitution makes a provision for the establishment of a Joint State Public Service Commission (JSPSC) for two or more states. While the Constitution creates Union Public Service Commission(UPSC) and the State Public Service Commission (SPSC) directly, a JSPSC is created by a Parliament act on concerned state legislature’s request.

Q36. B

Q37. A

The Commission will examine and review the working of the existing arrangements between the Union and States in regard to powers, func‐tions and responsibilities in all spheres and recommend such changes or other measures as may be appropriate." "In examining and reviewing the working of the existing arrangements between the Union and the States and making recommendations as to the changes and measures needed, the commission will keep in view the social and economic developments that have taken place over the years and have due regard to the scheme and framework of the Constitution which the founding fathers have so sed‐ulously designed to protect the independence and ensure the unity and in‐tegrity of the country which is of paramount importance for promoting the welfare of the people."The Commission after conducting several studies, eliciting information, holding discussions and after detailed deliberations submitted its 1600-page report in January 1988. The report contains 247 recommendations spreading over 19 Chapters.The Main recommendations of the Commission with regard to Inter-State Council and its Secretariat were: 

The Council should be charged with duties in broad terms embracing the entire gamut of clauses (b) and (c) of Article 263. The Council should not be vested with powers of enquiring into and advising upon disputes between the States;

Without an independent permanent secretariat, the Council will not be able to establish its credibility. Considering the nature of meetings and the level of participants, the Council’s Secretariat should be suit‐ably staffed and modeled on the Union Cabinet Secretariat. 

Page 13: Governor’s decision on disqualification on these matters

Q38. D

QuorumQuorum is the minimum number of members required to be present in the House before it can transact any business. It is ten members or one-tenth of the total number of members of the House (including the presiding officer), whichever is greater. If there is no quorum during a meeting of the House, it is the duty of the presiding officer either to adjourn the House or to suspend the meeting until there is a quorum.

Q39. D

Q40. B

The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act.• It lays down the process by which legislators may be disqualified on

grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.

• The law applies to both Parliament and state assemblies.When can a member be disqualified?If a member of a house belonging to a political party:1 Voluntarily gives up the membership of his political party, or2 Votes, or does not vote in the legislature, contrary to the directions of

his political party. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.

3 If an independent candidate joins a political party after the election.4 If a nominated member joins a party six months after he becomes a

member of the legislature.

Page 14: Governor’s decision on disqualification on these matters

Financial Action Task Force

The Financial Action Task Force (FATF) is an inter-governmental body established in 1989 during the G7 Summit in Paris.

The objectives of the FATF are to set standards and promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and other related threats to the integrity of the international financial system.

Its Secretariat is located at the Organisation for Economic Cooperation and Development (OECD) headquarters in Paris.

Member Countries: it consists of thirty-seven member jurisdictions.◦ India is one of the members.

FATF has two lists:◦ Grey List: Countries that are considered safe haven for

supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.◦ Black List: Countries known as Non-Cooperative Countries or

Territories (NCCTs) are put in the blacklist. These countries support terror funding and money laundering activities. The FATF revises the blacklist regularly, adding or deleting entries.

Q41. B

Q42. D

Q43. B

Q44. D

Page 15: Governor’s decision on disqualification on these matters

Q45. CJudicial Powers of the GovernorThe following are the judicial powers and functions of the Governor:1 He has the following pardoning powers against punishment:

1 Pardon2 Reprieve3 Respite4 Remit5 Commute

2 President consults the Governor while appointing judges of High Court.

3 In consultation with the state High Court, Governor makes appointments, postings, and promotions of the district judges.

4 In consultation with the state high court and state public service commission, he also appoints persons to the judicial services.

Read in detail about the pardoning powers of the Governor in the linked article.

Q46. BLegislative Powers of the GovernorThe following are the legislative powers of the governor:1 It’s in his power to prorogue the state legislature and dissolve the

state legislative assemblies2 He addresses the state legislature at the first session of every year3 If any bill is pending in the state legislature, Governor may/may not

send a bill to the state legislature concerning the same4 If the speaker of the legislative assembly is absent and the same is

Deputy Speaker, then Governor appoints a person to preside over the session

5 As President nominates 12 members in Rajya Sabha, Governor appoints ⅙ of the total members of the legislative council from the fields of:

Page 16: Governor’s decision on disqualification on these matters

1 Literature2 Science3 Art4 Cooperative Movement5 Social Service

1 As President nominates 2 members in the Lok Sabha, Governor nominates 1 member in state legislative assembly from Anglo-Indian Community.

2 He can consult Election Commission for the disqualification of members

3 With respect to the bill introduced in the state legislature, he can:◦ Give his assent◦ Withhold his assent◦ Return the bill◦ Reserve the bill for the President’s consideration (In instances

where the bill introduced in the state legislature endangers the position of state High Court.)

Q47. D

Q48. CStatutory bodies established under the States Reorganisation Act 1956 and not constitutional bodies. They are only deliberative and advisory bodies.

Chairman – The Union Home Minister is the Chairman of each of these Councils.Vice Chairman – The Chief Ministers of the States included in each zone act as Vice-Chairman of the Zonal Council for that zone by rotation, each holding office for a period of one year at a time.Members– Chief Minister and two other Ministers as nominated by the Governor from each of the States and two members from Union Territories included in the zone.

Page 17: Governor’s decision on disqualification on these matters

Q49. D

Q50. DThe decisions can be taken by the governor’s discretion which is categorized into two parts:1 Constitutional2 Situational

Constitutional Discretion of GovernorThe Governors of states can act at their constitutional discretion in the following instances:1 When they have to reserve the bill for the consideration of the President

of India, Governors can decide on their own without the advice of the Council of Ministers

2 When he has to recommend for the President’s rule in the state, he can act at his own discretion

3 When he is given an additional charge as the administrator of the Union Territory, he can take actions at his own discretion

4 When he has to determine 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

5 When he calls upon the Chief Minister to seek information regarding administrative and legislative affairs

Situational Discretion of the GovernorThe Governors of states can act at their situational discretion in the following instances:1 When he has to appoint a Chief Minister after no party has a clear

majority in the election or when the incumbent dies in the office2 When he dismisses the council of ministers on an inability to prove

confidence in the state legislative assembly3 When he dissolves the state legislative assembly on time when it loses

its majority