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

In the context of the constitutional framework governing the State Executive in India, evaluate the following statements regarding the powers of the Governor and the State Council of Ministers:

1. Under Article 163(2), if any question arises whether a matter falls within the Governor's constitutional discretion, the decision of the Governor in their discretion is final and cannot be called into question.
2. While the Governor can suspend, remit, or commute a sentence of death under state executive scope, the constitutional power to grant a full pardon for a sentence of death rests exclusively with the President of India under Article 72.
3. Under Article 163(3), the advice tendered by State Ministers to the Governor is subject to judicial scrutiny by the High Court under its writ jurisdiction under Article 226.

Which of the statements given above are correct?

  1. 1 and 2 onlyAnswer
  2. B
    1 and 3 only
  3. C
    2 and 3 only
  4. D
    1, 2 and 3

Answer

Statements 1 and 2 are correct, while Statement 3 is incorrect.
The correct answer identifies '1 and 2 only' as true. Statement 1 accurately describes Article 163(2), which gives finality to the Governor's discretion. Statement 2 correctly reflects the distinction in mercy powers under Articles 72 and 161: while the Governor can suspend, remit, or commute a sentence of death, only the President holds the constitutional prerogative to grant a full pardon for a death sentence under Article 72(1)(c). Statement 3 is false because Article 163(3) explicitly prevents courts from inquiring into the advice tendered by Ministers to the Governor.

Step-by-Step Solution

1
Analyze Statement 1 regarding the Governor's discretionary jurisdiction under Article 163(2).
Article 163(2) mandates that if any question arises whether a matter is or is not a matter in respect of which the Governor is required to act in discretion, the Governor's decision in discretion shall be final and valid.
To verify the finality of the Governor's discretionary decisions.
2
Analyze Statement 2 regarding pardoning and mercy powers under Articles 161 and 72.
Under Article 72(1)(c), the power to grant a complete pardon in cases of death sentences is reserved exclusively for the President of India. Under Article 161, the Governor may suspend, remit, or commute a sentence of death, but cannot grant a full pardon.
To delineate the boundary between Presidential and Gubernatorial mercy powers.
3
Analyze Statement 3 regarding judicial review of Cabinet advice under Article 163(3).
Article 163(3) contains an explicit constitutional exclusion: 'The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.' High Courts under Article 226 cannot inquire into ministerial advice.
To assess judicial immunity surrounding Council of Ministers advice.
4
Synthesize results to select the correct combination.
Statements 1 and 2 are correct, whereas Statement 3 is false, yielding the correct choice '1 and 2 only'.
To finalize the solution.

Key Concept

Constitutional Powers of the Governor vs President and Judicial Immunity of Ministerial Advice
Estimated Time:2m 0s
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Topics

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

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