With reference to the constitutional provisions governing the State Executive and Legislature under the Constitution of India, which of the following statements are correct? Select all the correct options.
- The Governor cannot promulgate an ordinance under Article 213 without prior instructions from the President if a Bill containing the same provisions would have required the previous sanction of the President for its introduction into the State Legislature.Cevap
- BWhen a Bill passed by the State Legislature is reserved by the Governor for the consideration of the President under Article 200 and subsequently returned by the President for reconsideration under Article 201, the President is constitutionally obligated to assent to the Bill if it is re-passed by the State Legislature with or without amendment.
- Under Article 161 of the Constitution, the Governor possesses the authority to suspend, remit, or commute a sentence of death passed under a state law, even though the executive power to grant a complete pardon for a death sentence rests exclusively with the President under Article 72.Cevap
- DThe High Court, under its writ jurisdiction under Article 226, may inquire into the nature and contents of the advice tendered by the Council of Ministers to the Governor if a prima facie case of unconstitutional exercise of executive power is established.
Cevap
The correct statements are that the Governor requires prior Presidential instructions to promulgate an ordinance under Article 213 if the corresponding Bill required prior sanction for introduction, and that the Governor retains power under Article 161 to suspend, remit, or commute a death sentence under state law while exclusive pardoning power for death sentences lies with the President.
The statement regarding Presidential instructions under Article 213 is correct because proviso (a) to Article 213(1) requires the Governor to obtain prior instructions from the President before issuing an ordinance if a Bill with identical provisions would have required previous sanction for introduction into the State Legislature. Additionally, the statement regarding Article 161 is correct because while Article 72 gives the President exclusive power to grant a complete pardon for a death sentence, Article 161 and Article 72(3) allow the Governor to suspend, remit, or commute a sentence of death for offenses under state executive jurisdiction.
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Constitutional Executive Powers and Discretion of the State Governor under Articles 161, 163, 201, and 213
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