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  • Read the following passage and answer the question. Our Constitution provides for the Parliamentary form of government at the Union as well as the state levels. The Gover

Read the following passage and answer the question.

Our Constitution provides for the Parliamentary form of government at the Union as well as the state levels. The Governor is the Constitutional head of the state and acts on the advice of the Council of Ministers headed by the Chief Minister. The Governor is appointed by the President for a term of five years and holds office at her/his pleasure. 

According to the Constitution, the Governor has many executive, legislative, judicial, and emergency powers. For example, the Governor appoints the Chief Minister and on her/his advice the Council of Ministers. S/he makes many other appointments like those of Chairman and Members of the State Public Service Commission, Advocate General, State Election Commissioner, etc. The entire executive work of the state is carried on in her/his name.

The Governor is a part of the State Legislature. Governor has a right of addressing and sending messages to and of summoning, proroguing the State Legislature, and dissolving the Lower House. All the bills passed by the Legislature have to be assented to by her/him before becoming the law. The Governor can withhold her/his assent to the Bill passed by the Legislature and sends it back for reconsideration. If it is again passed with or without modification, the Governor has to give her/his assent. S/he may also reserve any Bill passed by the State Legislature for the assent of the President. The Governor may also issue an Ordinance when the legislature is not in session. The Governor even has the power to grant pardon, reprieve, respite, and remission of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. As far as the emergency powers of the Governor are concerned,

Constitutional Profile of State Administration Whenever the Governor is satisfied that a situation has arisen in her/his state whereby the administration of the state cannot be carried on in accordance with the provisions of the Constitution, s/he can report the fact to the President. On receipt of such a report, the President may assume to herself/himself the powers of the state government and may reserve for the Parliament the powers of the State Legislature.

Question:

 

Imposition of which form of emergency can be recommended by the Governor?

 

Option: 1

Constitutional Emergency


Option: 2

Financial Emergency 


Option: 3

Both (1) and (2)


Option: 4

None of the above


Answers (1)

best_answer

Article 356 of the Indian Constitution states that if any state's governor through a report conveys to the president that in his view the state is not governing properly or constitutionally. If the president is satisfied that the state’s Government is not functioning as per  the constitutional provisions. At that point, the President can proclaim an emergency in that state. It is also called the failure of constitutional machinery in the state.

Posted by

manish painkra

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