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

Regarding the constitutional framework governing the appointment, tenure, and removal of the Governor of an Indian State under Articles 155 and 156 of the Constitution of India, which of the following statements are correct?

  1. The Governor of a State is appointed by the President by warrant under his hand and seal and holds office during the pleasure of the President.Cevap
  2. B
    A Governor may resign from office at any time by writing under his hand addressed to the Chief Minister of the respective State.
  3. The Supreme Court has ruled that the pleasure of the President in removing a Governor is not non-justiciable, and removal cannot be based on arbitrary, whimsical, or unfair grounds.Cevap
  4. D
    The Constitution of India prescribes a formal impeachment process by the State Legislative Assembly for the removal of a Governor on the grounds of violation of the Constitution.

Cevap

The statements confirming that the Governor is appointed by the President and holds office during Presidential pleasure, and that the Supreme Court ruled Presidential pleasure regarding removal is subject to judicial review against arbitrary dismissal, are correct.
The Constitution specifies under Article 155 that the Governor is appointed by the President by warrant under his hand and seal and holds office during Presidential pleasure under Article 156(1). Additionally, as laid down by the Supreme Court in B.P. Singhal (2010), while the President does not need to show cause for removal, the decision remains open to judicial review if challenged on grounds of arbitrariness or bad faith.

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1
Examine Article 155 and Article 156(1) regarding executive appointment and tenure.
The Governor is executive-appointed by the President by warrant under hand and seal and serves during the pleasure of the President.
This establishes the constitutional mechanism of appointment and primary tenure rule.
2
Verify the constitutional authority for receiving a Governor's resignation under Article 156(2).
Resignation must be submitted in writing to the President of India.
Because the President is the appointing authority, resignation is tendered directly to the President, not to state-level executive heads such as the Chief Minister.
3
Analyze judicial interpretations regarding Presidential pleasure under Article 156(1).
In B.P. Singhal v. Union of India (2010), the Supreme Court affirmed that Presidential pleasure is not absolute or immune from judicial review against arbitrary removal.
Withdrawal of pleasure must not be based on political prejudice or arbitrary grounds.
4
Check for state legislative removal or impeachment procedures.
No impeachment or removal mechanism exists within the State Legislature for the Governor.
The Governor is an constitutional appointee of the Union executive and is not answerable to or removable by the State Legislative Assembly.

Anahtar Kavram

Constitutional Provisions and Judicial Rulings on Appointment, Tenure, and Removal of State Governors
Tahmini Süre:1m 30s
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Konular

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

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