UPSC CSE Prelims
State Government Previous Year Questions (PYQs)
Showing solved Previous Year Questions for Chapter: State Government
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Consider the following statements:
I. The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion.
II. The President of India can, of his/her own, reserve a bill passed by a State Legislature for his/her consideration without it being forwarded by the Governor of the State concerned.
Which of the statements given above is/are correct?
Detailed Explanation:
✅ Statement I is Correct
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The Constitution explicitly provides situations where the Governor can act in his/her discretion.
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Article 163(2) states that if any question arises regarding the Governor's discretionary powers, the Governor's decision shall be final.
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Examples include reserving certain bills for the President and decisions in specific political situations.
❌ Statement II is Incorrect
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The President cannot directly reserve a State Bill for consideration.
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A State Bill reaches the President only when the Governor reserves it under Article 200.
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Therefore, the President cannot act suo motu (on his/her own) in this matter.
Therefore, only Statement I is correct.
📝 Short Notes: Governor's Discretionary Powers
| Provision | Details |
|---|---|
| Article 163 | Governor can act in discretion in specified matters |
| Article 200 | Governor may reserve a State Bill for President |
| Hung Assembly | Governor may exercise discretion in inviting a CM |
| President's Role | Acts only after bill is reserved by Governor |
Key Fact:
Unlike the President, whose discretionary powers are very limited, the Governor enjoys certain constitutional discretionary powers, especially in Centre-State relations.
With reference to the Indian polity, consider the following statements:
I. The Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of his/her office.
II. No criminal proceedings shall be instituted or continued against the Governor during his/her term of office.
III. Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House.
Which of the statements given above are correct?
Detailed Explanation:
✅ Statement I is Correct: Under Article 361(1), the Governor is not answerable to any court for the exercise and performance of the powers and duties of the office.
✅ Statement II is Correct: As per Article 361(2), no criminal proceedings can be instituted or continued against a Governor during the term of office.
✅ Statement III is Correct: Under Article 194(2), Members of a State Legislature enjoy freedom of speech in the House and cannot be taken to court for anything said or any vote given in the Legislature.
Therefore, all three statements are correct.
📝 Short Notes: Constitutional Immunities & Privileges
| Provision | Details |
|---|---|
| Article 361(1) | President/Governor not answerable to courts for official acts |
| Article 361(2) | No criminal proceedings during tenure |
| Article 361(3) | No arrest or imprisonment during tenure |
| Article 194(2) | Freedom of speech and voting immunity for State Legislators |
| Article 105(2) | Similar privilege for Members of Parliament |
Key Fact:
The immunity under Article 361 is temporary. Criminal proceedings can be initiated after the Governor demits office.
Consider the following statements:
- According to the Constitution of India a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State.
- According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison.
Which of the statements given above is/are correct?
Detailed Explanation:
Answer: Option 4 — Neither 1 nor 2
Both statements contain inaccuracies regarding constitutional and statutory provisions. Statement 1 incorrectly assumes that any person eligible to vote (18+ years) can become a minister, while the Constitution requires ministers to meet the qualifications for membership of the State Legislature (25 years for Assembly, 30 for Council). Statement 2 incorrectly describes the disqualification as permanent, whereas it is actually for six years after release from prison.
❌ Statement 1 – Incorrect: Article 164(4) allows a non-member to be a minister for six months, but Article 173 requires the person to be qualified for membership of the State Legislature (minimum age 25 for Assembly, 30 for Council), not just eligible to vote (18 years).
❌ Statement 2 – Incorrect: Section 8(3) of RPA 1951 disqualifies a person convicted and sentenced to imprisonment for not less than two years for a period of six years after release, not permanently.
📝 Short Notes: Qualifications and Disqualifications for Ministers and Legislators
| Provision | Details |
|---|---|
| Article 164(4) | A minister who is not a member of the State Legislature for six consecutive months shall cease to be a minister |
| Article 173 - Qualifications | Member of Legislative Assembly: minimum 25 years Member of Legislative Council: minimum 30 years Must be a citizen of India and registered as a voter |
| Article 326 - Right to Vote | Minimum age: 18 years (61st Amendment, 1989) |
| Section 8(3) RPA 1951 | Conviction with imprisonment ≥2 years: disqualified from date of conviction + 6 years after release |
| Section 8(1) & 8(2) RPA 1951 | Conviction for specific electoral/communal offences: disqualified from date of conviction + 6 years after release |
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With reference to the Legislative Assembly of a State in India, consider the following statements:
- The governor makes a customary address to members of the house at the commencement of the first session of the year.
- When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.
Which of the statements given above is/are correct?
Detailed Explanation:
Answer: Option 3 — Both 1 and 2
Both statements regarding the Legislative Assembly of a State in India are correct. Article 176(1) mandates the Governor's customary address at the commencement of the first session after each general election and the first session of each year, outlining the government's policies and legislative agenda. Additionally, State Legislatures follow a long-standing convention dating back to colonial times where they adopt Lok Sabha rules for matters on which they have no specific rules of their own.
✅ Statement 1 – Correct: Article 176(1) of the Constitution mandates that the Governor shall address the State Legislature at the commencement of the first session after each general election and at the commencement of the first session of each year.
✅ Statement 2 – Correct: When a State Legislature does not have a specific rule on a particular matter, it follows the Lok Sabha rule on that matter, as per a convention established since colonial times.
📝 Short Notes: Governor's Role in State Legislature
- Constitutional Provisions: Article 176 deals with the Governor's address to the State Legislature, similar to the President's address under Article 87.
- Timing of Address: The Governor addresses at the commencement of the first session after each general election and at the start of the first session of each year.
- Content: The address outlines government policies, legislative agenda, and key priorities for the year.
- Procedural Rules: State Legislatures can frame their own rules of procedure under Article 208, but in the absence of specific rules, they follow Lok Sabha procedures.
- Historical Convention: The practice of following Lok Sabha rules dates back to colonial times when provincial legislatures followed the Imperial Legislative Council's procedures.
Consider the following statements:
- No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.
- The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.
Which of the statements given above is/are correct?
Detailed Explanation:
Answer: Option 3 — Both 1 and 2
Both statements regarding the constitutional provisions for the Governor of a State are correct. Article 361 provides immunity to the Governor from criminal proceedings during their term of office, while Article 158 ensures that their emoluments and allowances cannot be diminished during their tenure.
✅ Statement 1 – Correct: Article 361 grants immunity to the Governor from criminal proceedings in any court during their term of office, though civil proceedings may be instituted with two months' prior notice.
✅ Statement 2 – Correct: Article 158 mandates that the emoluments and allowances of the Governor shall not be diminished during their term of office, ensuring financial independence.
📝 Short Notes: Constitutional Provisions for Governor
| Article | Provision | Details |
|---|---|---|
| Article 153 | Governor of States | There shall be a Governor for each State. One person can be appointed as Governor for two or more States. |
| Article 154 | Executive Power | Executive power of the State is vested in the Governor and is exercised by him either directly or through officers subordinate to him. |
| Article 158 | Conditions of Office | Governor shall not be a member of Parliament or State Legislature. Emoluments and allowances cannot be diminished during term of office. |
| Article 361 | Immunity | Governor is not answerable to any court for exercise of powers and duties. Immune from criminal proceedings during term. Civil proceedings allowed with 2 months' notice. |
| Article 155 | Appointment | Governor is appointed by the President by warrant under his hand and seal. |
| Article 156 | Term of Office | Governor holds office during the pleasure of the President for a term of 5 years, but may continue until successor assumes office. |
Consider the following statements:
- The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a member of the Assembly.
- Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her immediately.
Which of the statements given above is/are correct?
Detailed Explanation:
Answer: Option 1 — 1 only
The Speaker of a State Legislative Assembly vacates office if they cease to be a member of the Assembly (Article 179). However, when the Assembly is dissolved, the Speaker does not vacate office immediately but continues until a new Speaker is elected by the newly constituted Assembly, ensuring administrative continuity.
✅ Statement 1 – Correct: Article 179 of the Constitution explicitly mandates that the Speaker shall vacate office if they cease to be a member of the Legislative Assembly.
❌ Statement 2 – Incorrect: Upon dissolution of the Assembly, the Speaker does not vacate office immediately but continues until the first meeting of the new Assembly when a new Speaker is elected, ensuring continuity in legislative administration.
📝 Short Notes: Speaker of State Legislative Assembly
| Aspect | Details |
|---|---|
| Constitutional Provision | Article 178 (Speaker and Deputy Speaker) and Article 179 (Vacation of Office) |
| Election | Elected by members of the Legislative Assembly from amongst themselves |
| Vacation of Office | • If ceases to be a member of the Assembly • If resigns by writing to Deputy Speaker • If removed by a resolution passed by majority of all members |
| Upon Dissolution | Speaker continues in office until immediately before the first meeting of the new Assembly |
| Removal Process | Resolution must be passed by majority of all then members; 14 days' notice required |
| Role | Presides over Assembly proceedings; maintains order and discipline; decides on disqualification matters (under Tenth Schedule) |
Consider the following statements:
- The Chief Secretary in a State is appointed by the Governor of that State.
- The Chief Secretary in a State has a fixed tenure
Which of the statements given above is/are correct?
Detailed Explanation:
Answer: Option 4 — Neither 1 nor 2
❌ Statement 1 – Incorrect: The Chief Secretary is appointed by the Governor, not the Chief Minister. Under Article 166 of the Constitution, all executive actions of the State Government are formally taken in the Governor's name. While the Chief Minister recommends the appointment, the formal appointing authority is the Governor. The Chief Secretary is the administrative head of the state civil services and is appointed from IAS officers serving in the state.
❌ Statement 2 – Incorrect: There is no fixed tenure for the Chief Secretary. The position is held at the pleasure of the government, and the officer can be transferred or removed at any time before superannuation. The tenure depends on the discretion of the state government, and frequent changes in Chief Secretaries are common based on administrative and political considerations.
Consider the following statements:
- The Legislative Council of a state in India can be larger in size than half of the Legislative Assembly of that particular state.
- The Governor of a state nominates the Chairman of the Legislative Council of that particular state.
Which of the statements given above is/are correct?
Detailed Explanation:
❌ Statement 1 – Incorrect: The Legislative Council cannot exceed one-third of the total membership of the Legislative Assembly, as per Article 171(1). The minimum strength is 40 members.
❌ Statement 2 – Incorrect: The Chairman and Deputy Chairman of the Legislative Council are elected by the Council members themselves, not nominated by the Governor, ensuring legislative independence from executive control.
Which of the following are discretionary powers given to the Governor of a State?
- Sending a report to the President of India for imposing President's rule
- Appointing the Ministers
- Reserving certain bills passed by the State Legislature for consideration of the President of India
- Making the rules to conduct the business of the State Government
Select the correct answer using the code given below.
Detailed Explanation:
✅ Statement 1 – Correct: Under Article 356, the Governor has discretionary power to send a report to the President recommending President's Rule if constitutional machinery in the state has failed.
❌ Statement 2 – Incorrect: The Governor appoints Ministers on the advice of the Chief Minister under Article 164; this is not a discretionary power but a constitutional obligation.
✅ Statement 3 – Correct: Under Article 200, the Governor has discretionary power to reserve bills passed by the State Legislature for the President's consideration, especially bills affecting High Court powers or repugnant to Central laws.
❌ Statement 4 – Incorrect: Under Article 166, rules for conducting State Government business are made by the Governor on the advice of the Council of Ministers, not at discretion.
Which one of the following statements is correct?
Detailed Explanation:
❌ Statement 1 – Incorrect: The 7th Constitutional Amendment (1956) permits the appointment of the same person as Governor for two or more States simultaneously.
❌ Statement 2 – Incorrect: Judges of High Courts are appointed by the President of India (after consultation with the Chief Justice of India, Governor, and Chief Justice of the concerned High Court), not by the Governor.
✅ Statement 3 – Correct: The Constitution does not prescribe any specific procedure for removal of a Governor; Article 156 states that the Governor holds office during the pleasure of the President.
❌ Statement 4 – Incorrect: In Union Territories with legislative assemblies (Delhi, Puducherry), the Chief Minister is appointed by the President, not the Lieutenant Governor.