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Difficulty: MediumState Executive and Legislature: Governor, CM, and State Assemblies

With reference to the constitutional powers and provisions governing the State Executive and Legislature in India, which of the following statements are correct?

  1. The Governor possesses the power to suspend, remit, or commute a sentence of death, but cannot grant a complete pardon for a death sentence under Article 161.Answer
  2. B
    The Governor can promulgate an ordinance under Article 213 even when both Houses of a bicameral state legislature are actively in session, provided the Council of Ministers deems it urgent.
  3. An ordinance promulgated by the Governor automatically ceases to operate upon the expiration of six weeks from the reassembly of the state legislature, unless disapproved earlier.Answer
  4. D
    The constitutional provisions establishing the structure, powers, and procedures of the State Executive and State Legislature are contained primarily within Part IV and the Fifth Schedule of the Constitution.

Answer

The correct statements are that under Article 161 the Governor can suspend, remit, or commute a sentence of death (though only the President can pardon it), and that an ordinance promulgated under Article 213 ceases to operate six weeks after the reassembly of the state legislature.
The statement regarding gubernatorial clemency is accurate because Article 161 allows the Governor to suspend, remit, or commute a death sentence, reserving full pardon of capital punishment for the President under Article 72. Additionally, the statement regarding ordinance expiry is correct because Article 213(2)(a) mandates that an ordinance lapses six weeks after the state legislature reassembles unless ratified or rejected sooner.

Step-by-Step Solution

1
Analyze the pardoning power of the Governor under Article 161 relative to the President under Article 72.
The Governor can suspend, remit, or commute a death sentence, but the power to grant a complete pardon for death penalty lies exclusively with the President of India.
Article 161 grants executive clemency to the Governor for state laws, but excludes full pardoning of capital punishment.
2
Evaluate the session requirements for promulgating an ordinance under Article 213.
Ordinance-making power can only be exercised when at least one House (in bicameral) or the Legislative Assembly (in unicameral) is not in session.
If both Houses are in session, lawmaking must proceed through normal parliamentary procedures.
3
Check the maximum lifespan and expiration rules for a state ordinance.
An ordinance must be approved within six weeks of the reassembly of the legislature, failing which it lapses.
Article 213 specifies a strict six-week time limit from the reassembly date.
4
Verify the constitutional Part and Schedule governing the State Executive and Legislature.
These provisions are in Part VI of the Constitution of India.
Part IV governs Directive Principles of State Policy, while Part VI governs the State Machinery.

Key Concept

Constitutional Provisions of State Executive and Legislature (Articles 161, 213, and Part VI)
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Topics

State Executive and Legislature: Governor, CM, and State Assemblies

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