With reference to the powers and functions of the Governor under the Indian Constitution, consider the following statements:
1. They exercise the executive power of the State either directly or through officers subordinate to them.
2. They must act on the advice of the Council of Ministers in all cases, without any exception.
3. They may summon and prorogue the State Legislature based on the aid and advice of the Council of Ministers.
4. The President must make a decision within three months on matters referred by the Governor.

Which of the statements given above are correct?
(a) 1, and 3 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 3 and 4 only

Question

With reference to the powers and functions of the Governor under the Indian Constitution, consider the following statements:
1. They exercise the executive power of the State either directly or through officers subordinate to them.
2. They must act on the advice of the Council of Ministers in all cases, without any exception.
3. They may summon and prorogue the State Legislature based on the aid and advice of the Council of Ministers.
4. The President must make a decision within three months on matters referred by the Governor.

Which of the statements given above are correct?
(a) 1, and 3 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 3 and 4 only

ONLiNE UPSC · Accepted Answer

Context: In State of Tamil Nadu vs. Governor of Tamil Nadu, the Supreme Court of India clarified that under Article 200, Governors are required to act on state bills within a reasonable time frame and must follow the aid and advice of the council of ministers, without exercising independent discretion.

Statement 1 is correct: Article 154 vests executive power in the Governor, exercised directly or through subordinate officers.

Statement 2 is not correct: The Governor is generally bound by the advice of the Council of Ministers under Article 200, but exceptions exist under the second proviso to Article 200 and Article 163(1).

Statement 3 is correct: As per Article 174, the Governor has the power to summon, prorogue, and dissolve the State Legislative Assembly. These powers are exercised on the aid and advice of the Council of Ministers.

Statement 4 is not correct: The Indian Constitution does not specify a strict timeline of three months for the President to make a decision on matters referred by the Governor. While hearing the state government&rsquo;s petition challenging the Governor&rsquo;s actions, the court set a clear constitutional timeline within which governors are required to act on bills passed by state legislatures. The SC said that the Governor must make a decision within three months, either to assent to a bill, return it to the House, or refer it to the President.

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With reference to the powers and functions of the Governor under the Indian Constitution, consider the following statements: 1. They exercise the executive power of the State either directly or through officers subordinate to them. 2. They must act on the advice of the Council of Ministers in all cases, without any exception. 3. They may summon and prorogue the State Legislature based on the aid and advice of the Council of Ministers. 4. The President must make a decision within three months on matters referred by the Governor. Which of the statements given above are correct? (a) 1, and 3 only (b) 1 and 2 only (c) 2 and 3 only (d) 3 and 4 only