Question

Which of the following statements is/are correct?

1) The Governor's discretionary power to recommend President's Rule is mentioned in Article 356(1).

2) The 41st Constitutional Amendment curtailed the Governor's term from 5 years to 4 years.

3) The Sarkaria Commission advised that Governors should not be removed before completing their term unless in rare and compelling circumstances.

• A. 2 & 3 only
• B. 1 & 3 correct
• C. 1 & 2 correct
• D. 3 only

Answer 1

Answer:

B. 1 & 3 correct

• Article 356(1) of the Indian Constitution: This article empowers the President to issue a Proclamation if they are satisfied that a situation has arisen in which the government of a State cannot be carried on in accordance with the provisions of the Constitution. This satisfaction is primarily derived from a report submitted by the Governor or otherwise.
• Governor's Term: There is no constitutional provision that specifies a fixed 5-year or 4-year term for the Governor. According to Article 156, a Governor holds office during the pleasure of the President. The 41st Constitutional Amendment (1976) was related to the age of retirement for Chairmen and members of State Public Service Commissions and Joint Public Service Commissions (raised from 60 to 62), not the Governor's term.
• Sarkaria Commission (1983): The commission, chaired by Justice R.S. Sarkaria, was tasked with reviewing center-state relations. It recommended that the tenure of a Governor should be fixed for five years and that they should not be removed arbitrarily before the completion of this term, except in rare and compelling circumstances to maintain the office's dignity and independence.
• Important Legal Precedent: The B.P. Singhal v. Union of India (2010) case by the Supreme Court of India clarified that while the Governor holds office during the pleasure of the President, the power of removal cannot be exercised in an arbitrary, capricious, or unreasonable manner.