Question

According to the Indian Constitution, which of the following is NOT a power of the Governor?

• A. Dissolving the State Legislature
• B. Adjourning the State Legislature
• C. Voting during a no-confidence motion
• D. Summoning the State Legislature

Answer 1

Answer:

C. Voting during a no-confidence motion

Powers of the Governor

The Governor of a State in India is the constitutional head, appointed by the President. While the Governor exercises many significant powers, there are certain limitations:

• Executive Powers: The Governor appoints the Chief Minister and other ministers. All executive actions of the state government are taken in their name. They also appoint the Advocate General and the State Election Commissioner.
• Legislative Powers: The Governor summons and prorogues the State Legislature and can dissolve the Legislative Assembly. They can also issue ordinances when the legislature is not in session. The Governor addresses the State Legislature at the beginning of each year and after each general election. They can also reserve certain bills passed by the State Legislature for the consideration of the President.
• Financial Powers: Money Bills can only be introduced in the State Legislature with the Governor's prior recommendation. The Governor ensures the annual financial statement (budget) is laid before the State Legislature. They can also make advances from the Contingency Fund of India to meet unforeseen expenditure.
• Discretionary Powers: While the Governor acts on the aid and advice of the Council of Ministers, there are certain situations where they can act in their discretion, such as when appointing a Chief Minister in case of a hung assembly, or recommending President's Rule.

Limitations on Governor's Powers

• No Vote in No-Confidence Motion: The Governor is a constitutional dignitary and does not participate in the day-to-day functioning of the legislature. Therefore, they do not have the power to vote during a no-confidence motion. This power rests solely with the elected members of the Legislative Assembly.
• Acting on Advice: In most matters, the Governor must act on the advice of the Chief Minister and the Council of Ministers. The extent of their discretionary powers is limited and often subject to judicial review.

Article 163 of the Constitution states that there shall be a Council of Ministers with the Chief Minister as the head to aid and advise the Governor, except in cases where the Governor is required to act in their discretion.