Chapter II of Part VI of the constitution of India deals with “The Executive” of States. According to the constitution ‘There shall be a governor for each state (Art. 153)’. The Governor, as the chief executive head of the state, would exercise his executive powers directly or through his subordinate to him in accordance with the Constitution (Art. 154). However, like the President he is a nominal (Constitutional) executive head.

However, through the 7th constitutional Amendment Act of 1956 the Constitution added two important clauses :

(i) The expression “State”, defined under Art. 152, does not include the State of Jammu and Kashmir because it has a separate Constitution and enjoys a special status.

(ii) It allowed the appointment of the same person as Governor for two or more State or Lt. Governor of the Union Territory.

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The Governor is appointed ‘by the President by warrant under his hand and seal (Art. 155), on the recommendations of Union Councils of Ministers. On the Governor being a nominee of the central Government, the Supreme Court, in 1979, has held that the post of a Governor is not an employment under the Central Government, and asserted that being an independent Constitutional office it is not under the control of or subordinate to the Central Government.

On taking oath, Art.159 clearly describes that before starting to function as a Governor, every Governor or every person has to take an oath in the presence of the Chief Justice, or in his absence, the senior most Judge of the High Court available in the state concerned.

According to Art. 156 of the Constitution the Governor’s usual term of office is 5 years that he spends during the pleasure of the President. However, the Governor can be asked to hold his office for more time until his successor takes the charge. The Governor can also resign ( Clause 2, Art. 156) at any time by tendering his resignation letter to the President. The state legislature or a High Court has no power to remove a Governor.

Art.157 of the constitution, while dealing with the qualification for appointment as Governor, has laid down that the person appointed as a Governor must be

(i) a citizen of India

(ii) a person who has completed the age of thirty five years.

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Art. 158 of the constitution, while describing the conditions of Governor’s office, laid downs:

• The Governor must not be a member of either house of Parliament or a House of the state Legislature. If any such person is appointed as Governor ‘he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.’
• The Governor must not hold any office of profit.
• The Governor is entitled to use his official residence without payment of rent.
• The emoluments, allowance and privileges may be determined by the Parliament by law (the Parliament, in 2008, increased the salary of the Governor from Rs. 36,000 to Rs. 1.10 lakh per month). To enhance the salary the Governor’s (Emoluments, Allowances and Privileges) Act,1982 was amended in 2008 ( by Act 1 of 2009) that came into effect on 1 January 2006.
• The emoluments and allowances of Governor cannot be diminished during his term of office.
• When the same person is appointed as Governor of two or more states, the emoluments and allowances payable to him are determined by the President and shared by the States concerned.
• A Governor has the same Executive, legislative, Financial, Judicial and some other powers including emergency ones as the President of India has. However, he has, unlike the President, no diplomatic and military powers.

Among the Executive powers of a Governor fall the appointments of Chief Minister, Councils of Ministers, Advocate General of the state, Chairman and members of State Public Commission and Election Commissioner of the state.

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Discharging his Legislative powers a Governor can:

• Summon, Prorogue and dissolve the State Legislature.
• Appoint 1/6 th members of the Legislative Council.
• Make law through ordinances
• Address the first session of State Legislature after election and at the beginning of each new session.
• Given assent to the Bills so that they become laws.
• Send messages to State Legislature on Bills pending before it.
• Nominate one member from the Anglo-Indian community.

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Discharging his Financial powers a Governor:

• Ensures that the State budget (Annual Financial Statement) is laid before the State Legislature.
• Has power to recommend all the money bills that are to be introduced in the State Legislature.
• To meet any unforeseen expenditure can make advances out of the Contingency Fund of the State.

Discharging his Judicial Powers a Governor can:

• Grant pardons, reprieves, respites or remissions or punishment or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends (Art. 161).
• Appoint Judges of courts below the High Court.
• Be consulted by the President in the matter of the appointment of the Chief Justice and other Judges of the High Court.

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Powers of The Governor Under Emergency:

• Reports to the President if the State Government is not functioning Constitutionally and recommends the President Rule (Art. 356)
• Becomes ‘agent of the Union Government in the State’ when the President’s Rule is in progress.
• Takes over the functions of administration directly under his command and runs the state with the aid of the Civil Servants.

Among the other powers of a Governor are:

• Tabling the report of the State Public Service Commission.
• Acting as chancellor of State Universities and appointing Vice-Chancellors.
• Refusing to sign an ordinary bill passed by the state Legislature.
• Receiving and tabling the report of State Auditor General.
• Appointing any member as Chief Minister it no party has clear-cut majority.

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Regarding the Fundamental Duties contained in the Indian Constitution the correct statement(s) is/are:

1. Fundamental Duties can be enforced through writ jurisdiction.
2. Fundamental Duties have become a part of the Indian Constitution since its adoption.
3. Fundamental Duties becomes a part of the Constitution in accordance with the recommendations of Swaran Singh Committee.
4. Fundamental Duties are applicable only to the citizens of India.

Select your answer from the codes given below:

(a)1, 2 and 3

(b)1, 2 and 4

(c)2 and 3

(d)3 and 4

Explanation:

Sardar Swarna Singh Committee is 1976 recommended inclusion of seprate chapter on fundamental duties in Constitution. Accordingly, by 42^nd amendment Part IV A or fundamental duties was added in Constitution. Like the Directive Principles, the fundamental duties are also non-justiciable.

Ans- (d)

Regarding the Article 368 that provides for the amendment of the Constitution, mark the incorrect procedure:

1. The bill for the above purpose can be initiated either in Parliament or state legislature.
2. It has to be passed by special majority.
3. There is no provision for holding a joint sitting
4. If bill amends federal provisions of the Constitution then it has to be ratified by legislatures of half the states by simple majority.

Select your answer from the codes given below:

(a) Only 1

(b) Only 2

(c) 3 and 4

(d) None of these

Explanation:

The bill for the above purpose can be initiated only in Parliament.

Ans- (a)

After President’s assent, the bill comprising the amendment of Constitution becomes:

1. A Policy
2. A Bill
3. An Act
4. An Amendment

Select your answer from the codes given below:

(a) Either 1 or 2

(b) Either 2 or 3

(c) Only 3

(d) Only 4

Explanation

Any bill after getting passed from the Parliament becomes an Act.

Ans- (c)

Parliament under Article 368 can amend any part of the Constitution without affecting the ‘The Basic Structure’ and it is:

1. Defined by the Supreme Court in Article 368
2. Defined by the Supreme Court only with respect to Fundamental Rights.
3. Yet tobe defined and clarified by the Supreme Court
4. Yet to be defined by the Supreme Court except for Constitutional rights.

Select your answer from the codes given below.

(a) Only 1

(b) Only 2

(c) Only 3

(d) Only 4

Explanation:

In the Kesavanand Bharti case. Supreme Court laid down a new doctrine of the ‘basic structure’ of the Constitution. In ruled that the Constitutent power under Article 368 does not enable Parliament to alter the ‘Basic Structure’ of the Constitution. This means Parliament can not abridge or take away a Fundamental Rights that form a part of the ‘Basic Structure’ of the Constitutions.

From time to time in different judgments Supreme Court has laid down those parts which are of ‘Basic of Structure’ of the Constitution.

Some of these features are-

1. Summary of the Constitution.
2. Federal Character of the Constitution.
3. Independence of judiciary
4. Rule of law judicial of equality.
5. Judicial Review
6. Principle of equality
7. Parliamentary system
8. Separation of power between judiciary, legislature and executive
9. Freedom and dignity of individual.

Ans- (c)

Among the features of Parliamentary system of Government in India, which of these is/are NOT correct?

1. President is nominal executive and Prime Minister is real executive.
2. Article 74 provides for a Council of Minister to aid and advise the president in the exercise of his/her functions.
3. The ministers do not have double membership of legislature of executive.
4. The Council of Ministers is collectively responsible to the Parliament in general and Lok Sabha in particular.

Select your answer from the codes given below:

(a) 1 and 2

(b) Only 2

(c) Only 3

(d) None of these

Explanation:

The ministers have double membership of legislature or executive.

Ans- (c)

The Theory of Harmonisation was laid down by the Supreme Court so as to:

1. Ensure that the Directive Principles do not override the Fundamental Rights
2. Strike down the Directive Principles, if they violate any of the Fundamental Rights
3. Interpret the Fundamental Rights in the light of the Directive Principles.
4. Validate a law passed to give effect to the Directives under Article 39(b) and (c), even if the law violates the Fundamental Right given under Article 14 or 19

The correct statement(s) is/are made with:

(a) 1 and 2

(b) Only 2

(c) Only 3

(d) Only 4

Explanation:

Theory of Harmonisation was laid down by the Supreme Court so as to Interpret the Fundamental Rights in the light of the Directive Principles.

Ans- (c)

In case of public employment in India, the reservation of seats in favour of socially and educationally backward class of citizens is:

1. A Constitutional right
2. A statutory right

Correct statement(s) is/are with:

(a) Only 1

(b) Only 2

(c) Both of these

(d) None of these

Explanation:

Article 16 provides for equality of opportunity for all citizens in matters of employment or appointment to any office under the State. But in exception to this State can provide for reservation of appointments in favour of any backward class which State thinks is not aqueately represented in the services of the State.

Ans- (b)

Match the following?

List – I

1. Writ of Habeas corpus
2. Writ of Quo warranto
3. Writ of Certiorario
4. Writ of Prohibition

List – II

(A) Available against individual as well as private

(B) Available against subordinate courts only

(C) Available against autonomous bodies only

(D) Available against public servants only

Incorrectly match pair(s) is/are:

(a) 1 – A, 2 – B and 3 – C

(b) 2 – B, 3 – C and 4 – D

(c) 1 – A, 3 – C and 4 –D

None of these

Explanation:

These writs are constitutional remedies for the protection of Fundamental Rights of citizen

Ans- (b)

A member of Paliament shall not hold any office of profit under the state- this principle is meant to avoid the conflict between:

1. Executive interest and legislative interest.
2. Commercial interest and natural interest.
3. Individual interest and political interest

The correct statement(s) is/are made with:

(a) Only 1

(b) Only 2

(c) Only 3

(d) None of these

Explanation:

Art (102) and Article 191, provides for the disqualification of members from Parliament and legislative assembly respectively. In there, a member is subject to disqualification of membership of house if he is holding office of profit under the Government of India or the Government of any state, other than an office declared by Parliament by law not to disqualify its holder.

Constitution makers made sure that three organs of State judiciary, legislature and executive work independently. So basic idea was and remains that legislators should not be vulnerable to temptations an executive can office.

Ans- (a)

Regarding the Overseas Citizen of India (OCI) and the Non-Resident Indian (NRI):

1. An OCI is a Citizen of India and an NRI is not a citizen of India.
2. An OCI can vote but cannot contest in the elections in India but an NRI can neither vote not contest in elections in India.
3. Neither of them can vote nor contest elections in India.
4. An OCI can neither vote nor contest elections in India, while an NRI can vote as well as contest elections in India.

The correct statement(s) is/are:

(a) 1 and 2

(b) Only 2

(c) Only 3

(d) Only 4

Explanation:

A citizen living outside India for any purpose like study, job etc for a more than a prescribed period in year is termed as Non Resident Indian (NRI), however the OCI i.e. Overseas Citizen of India are not regular citizen of India.

Ans- (d)

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Regulating Act, 1773

• End of Dual Government.
• Governor of Bengal to be the Governor- General of British territories of India.
• Established of Supreme Court in Calcutta

Pitts Act of 1784

• This Act gave the British Government a measure of control over the company’s affairs. In fact, the company became a subordinate department of the State.

Act of 1786

• Governor General given the power to over-ride the Council and was made the Commander-in-chief also.

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Charter Act of 1793

• Company given monopoly of trade for 20 more years. It laid the foundation of Government by written laws, interpreted by courts.

Charter Act 1813

• Company deprived of its trade monopoly in India except in tea and trade with China.

Charter Act of 1833

• End of company’s monopoly even in tea and trade with China. Company was asked to close its business at the earliest.
• Governor General of Bengal to be Governor General of India. (1st Governor General of India was Lord William Bentinck).

Charter Act 1853

• The Act renewed the powers of the company and allowed it to retain the possession of Indian territoris in trust of the British crown.
• Recruitment to Civil Service was based on open annual competition examination (excluding Indian ).

Government of India Act, 1858

• Rule of Company in India ended that of the crown began.
• A post of Secretary of State (a member of the British Cabinet) for India . He was assisted bya 15-member council (called India Council). He was to exercise the powers of the Crown.
• Secretory of state Governed India through the Governor General.
• Governor General received the title of Viceroy. He represented Secretory of State and was assisted by an executives Council, which consisted of high officials of the Government.

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Indian Council Act, 1861

• The executive Council was now to be called Central Legislative Council.

Indian Council Act, 1892

• Indians found their way in the provincial Legislative Council.

Indian Council Act, 1909 or Morley-Minto Reform

• It envisaged a separate electorate for Muslims.

Government of India Act, 1919 or Montague-Chelmsford Reforms

• Dyarchy system introduced in the provinces.
• The Provincial subjects of administration were to be divided into two categories : Transferred and Reserved .
• The Transferred subjects were to be administered by the Governor with the aid of ministers responsible to the Legislative Council.
• The Governor and the Executive Council were to administer the reserved subjects without any responsibility to the legislature.
• Indian legislature became bicameral for the first time. It actually happened after 1935 Act.

Government of India Act, 1935

• Provided for the establishment of all-India Federation consisting of the British Provincially and the Princely States.
• The joining of Princely States was voluntary and as a result the Federation did not come into existence.
• Dyarchy was introduce at the Centre (e.g., Department of Foreign Affairs and Defence were reserved for the Governor General).
• Provincial autonomy replaced Dyarchy in provinces. They were grants separate legal identity. Burma (now Myanmar) separated from India.

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• Article 35A is an article of the Indian Constitution which accords special rights and privileges to the citizens of Jammu and Kashmir (J&K).
• It was added to the Constitution by a Presidential Order in 1954.
• It empowers the state’s legislature to frame any law without attracting a challenge on grounds of violating the Right to Equality of people from other states or any other right under the Indian Constitution.
• It forms the basis for Jammu and Kashmir legislature to define the list of ‘permanent residents‘ of the state, who are eligible to vote, work for the state government, own land, secure public employment and college admissions.

Why Article 35A is being challenged:

Article 35A is being challenged on two valid grounds:

1. According to Article 368 of the Indian Constitution, amending power of the Constitution lies exclusively with the Parliament.Thus, President has no power to amend the Constitution by incorporating a new article. But as Article 35A has been inserted by a Presidential Order so its inception itself is unconstitutional.
2. Secondly, Article 35A is being challenged for its Gender Discrimination and violation of Article 14 thus infringing the Fundamental rights of citizens.

Article 14: “The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”.

Article 35A of the Indian Constitution and Section 6 of the Jammu and Kashmir Constitution both deals with the “Permanent Residents” of the state. Both the article prevents any outsider from buying or acquiring any property in the state. Keeping in view the special status to the state till now everything is good. But controversy arises when the same starts discriminating between the men and the women of the state.

Once a woman of the state marries a person from outside the state she immediately loses her right over property in J&K. Not only this, She is also barred from voting in the state/Local election, work for the state government, secure public employment and take college admissions.  This provision also applies to her son.

Thus, Article 35A of the Indian Constitution and Section 6 of the Jammu and Kashmir Constitution both are being challenged for being Gender Discriminatory and violative of fundamental rights.

What is Section 6 of the Jammu and Kashmir Constitution?

Section 6 of the Jammu and Kashmir Constitution restricts the basic right of women to marry a man of their choice by not giving the heirs any right to property if the woman marries a man not holding the Permanent Resident Certificate. Her children are denied a permanent resident certificate thereby considering them illegitimate — not given any right to such a woman’s property even if she is a permanent resident of Jammu and Kashmir.

Current Status:

The question whether Article 35A, which accords special rights and privileges to the citizens of J&K is ultra vires of the Constitution or not, is currently pending before a five-judge Constitutional Bench. The bench is left with very few options and has to tread a very narrow path negotiating between peace and stability of J&K on the one hand and fundamental rights of the citizens on the other. Let’s wait and keep a close eye on the issue.

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