state government [legislature & executive] Practice Questions Answers Test with Solutions

Question : 16 [SSC CGL Tier-I 2016]

The discretionary powers of a Governor is limited in

a) Dismissal of the Ministry

b) Appointment of Chief Minister

c) Dissolution of the Legislative Assembly

d) Assent to Bills

Answer: (d)

The Sarkaria Commission examined the scope of the discretion of the Governor in relation to assent to the Bills under Article 200 of the Constitution. It viewed that Article 200 does not provide discretion to the Governor either expressly or by implication.

The commission observed that the scope of the Governor’s discretion is very limited as is obvious by the fact that the Governor cannot withhold assent to a reconsidered Bill.

Question : 17 [UGC-II 2016]

Which one of the following statements is not correct regarding Certiorari?

a) A High Court can issue certiorari to a tribunal situated within its jurisdiction

b) A High Court cannot issue a writ to another High Court

c) A High Court can issue a writ against itself in its administrative capacity

d) A bench of a High Court can issue a writ to another bench of the same High Court

Answer: (d)

A bench of a High court is equal to the High court in all judicial powers. Hence a bench of the High court cannot issue certiorari against the order of another bench.

Question : 18

  • A: The position of the legislative Council is inferior to that of the Legislative Assembly.
  • R1: The very existence of the Council depends on the will of the Assembly.
  • R2: A Bill originating in the Council can be forthwith put to an end by the Assembly rejecting it.
  • R3: One-sixth of the Council’s members are nominated by the Governor.

a) A, R1, R2 and R3 are correct but only R1 and R2 explain A

b) A and R1, R2 and R3 are correct and R1, R2 and R3 explain A

c) A and R2 are wrong; R1 and R3 are correct

d) A, R1 and R3 are correct and R1 and R3 explain A

Answer: (a)

Question : 19 [IAS 1995]

If in an election to a State Legislative Assembly the candidate who is declared elected loses his deposit, it means that:

a) the elected candidate’s victory over his nearest rival was very marginal

b) the polling was very poor

c) a very large number of candidates contested the election

d) the election was for a multi- member constituency

Answer: (c)

Question : 20

With reference to discretionary powers of the governor consider the following statements:

  1. If no party gets an absolute majority, the governor can use his/ her discretion in the selection of the chief minister.
  2. During an emergency, he/ she can override the advice of the council of ministers.
  3. He/ she uses his/ her direction in submitting a report to the president regarding the affairs of the state.
  4. He/ she can withhold his/ her assent to a bill and send it to the president for his/ her approval.
Select the correct answer using the codes given below:

a) 1, 2 and 4

b) 3 and 4

c) 1, 3 and 4

d) 2, 3 and 4

Answer: (a)

Though the governor is the executive head of the state and a part of the state legislature and the administration of the State is carried on in his/ her name, the people of the State or their representatives have no say in the matter of his/ her appointment.

While the President is elected by the representatives of the people, namely, the Members of Parliament and the Members of the State Legislatures, the Governor is merely appointed by the President which really means, by the Union Council of Ministers.

In as much as the Governor holds office during the pleasure of the President, there is no security of his/ her tenure. He can be removed by the President at any time.

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