UPPSC PCS - 2017

Consider the following statements and select your answer from the codes given below: A) The Governor does not have the power to appoint the judge of a State High court. B) He is not a part of the Legislature. C) He has the power to nominate some members in the Legislative Council. D) He has no judicial powers.

Year Asked: 2017

A
A and B are correct
B
A and C are correct
C
B and D are correct
D
All are correct

Correct Answer

B. A and C are correct

Detailed Explanation

The correct answer is B. Statements A and C are true, while B and D are false.

  • A (true): Under Article 217, High Court judges are appointed by the President. The Governor is only consulted, so he does not appoint them.
  • B (false): Under Article 168, the State Legislature includes the Governor. He is a constituent part of the Legislature, even though he does not sit in either House.
  • C (true): Under Article 171(5), the Governor nominates one-sixth of the Legislative Council from people with special knowledge in literature, science, art, the cooperative movement and social service.
  • D (false): Under Article 161, the Governor can grant pardons, reprieves, respites and remissions. This is a quasi-judicial power, so the statement is wrong.

The concept here is the Governor's constitutional role as a part of the state machinery, covering appointments, legislative participation and clemency. For Mains, it links to debates on the Governor's discretion and the role of Article 163 in state politics.

Trap: Many aspirants assume the Governor is outside the Legislature because he does not sit in it. Article 168 includes him as a constituent part.

This question appeared in UPPCS 2017 GS Paper 1.

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