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

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

  1. The Governor is constitutionally required to reserve a bill passed by the State Legislature for the consideration of the President if it endangers the constitutional position of the High Court.Answer
  2. B
    The Governor possesses the executive power to grant a full pardon in all cases where a person has been sentenced to death under a state law.
  3. A resolution passed by a Legislative Assembly for the creation or abolition of a Legislative Council under Article 169 requires a special majority of total membership and two-thirds of members present and voting.Answer
  4. D
    Under Article 201, when a bill is reserved by the Governor for the consideration of the President, the President is constitutionally bound to declare assent or withhold assent within six months.

Answer

The correct statements are the mandatory reservation of High Court-affecting bills under Article 200 and the special majority requirement for Legislative Council creation or abolition under Article 169.
The statement regarding High Court powers is correct because Article 200 makes reservation of such bills mandatory to maintain judicial independence. The statement regarding Article 169 is correct because creating or abolishing a State Legislative Council requires an Assembly resolution passed by a special majority before Parliament can enact relevant legislation.

Step-by-Step Solution

1
Evaluate the Governor's mandatory reservation powers under Article 200
Confirm that bills derogating from High Court powers must be reserved for the President
Article 200 explicitly mandates reservation if a bill endangers the constitutional position of the High Court.
2
Analyze the scope of pardoning power under Article 161 versus Article 72
Identify that only the President can grant a pardon for death sentences
While the Governor can commute or suspend a death sentence, the power to grant a complete pardon for death sentences is reserved exclusively for the President.
3
Examine the legislative procedure under Article 169 for State Legislative Councils
Confirm the requirement of a special majority in the Legislative Assembly
Creation or abolition of a Legislative Council requires an Assembly resolution supported by a majority of total membership and at least two-thirds of members present and voting.
4
Verify presidential timelines under Article 201 regarding reserved state bills
Confirm there is no six-month time limit in the Constitution
The Constitution specifies no time limit for the President's action on reserved bills.

Key Concept

Constitutional Prerogatives and Legislative Procedures of State Executive and Legislature
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Topics

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

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