
Which of the following judicial powers is vested with the governor?
A) Appointment of judges of High Court
B) Removal of judges of High Court
C) Granting pardon to the one accused in case of death sentence
D) None of these
Answer
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Hint: The Governor of a State is appointed by the President of India. The candidate to be a Governor is that person must be at least 35 years of age, not be a member of either house of the parliament or house of the state legislature, not hold any office of profit and not be a resident of the same state.
Complete answer:
The Governors of the states of India have similar powers and duties at the state level as those of the President of India at the Union level have. So let us analyze the given options.
Option A) Appointment of judges of High Court: The above option is incorrect as the governor does not have the power to appoint a high court judge. A judge of a high court can only be appointed by the President under clause (1) of Article 217 of the Constitution.
Option B) Removal of judges of High Court: The above option is incorrect as the governor does not have the power to remove a high court judge. A judge of a high court can only be removed by an order of the President, based on a motion passed by both houses of parliament.
Option C) Granting pardon to the one accused in case of death sentence: The above option is incorrect as the governor does not have the power to grant pardon to the one accused in case of the death sentence. Article 72 of the Indian Constitution empowers the President to grant pardons and to suspend, remit or commute sentences in certain cases.
Option D) None of these: The above option is correct as the Governor of a State only has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
Therefore the correct answer is option ‘D’.
Note: The primary function of the governor is to safeguard, secure and protect the constitution and the law as joined in their vow of office under Article 159 of the Indian constitution in the organization of the State undertakings. Every one of the lead representative's activities, suggestions and administrative forces (Article 167c, Article 200, Article 213, Article 355, and so forth) over the leader and authoritative elements of a State will be utilized to execute the arrangements of the Constitution. In this regard, the lead representative has various sorts of powers:
- Executive powers identified with organization, arrangements and evacuations,
- Legislative powers identified with lawmaking and the state governing body, that is State Legislative Assembly (Vidhan Sabha) or State Legislative Council (Vidhan Parishad), and
- Discretionary powers to be completed by the attentiveness of the lead representative.
Complete answer:
The Governors of the states of India have similar powers and duties at the state level as those of the President of India at the Union level have. So let us analyze the given options.
Option A) Appointment of judges of High Court: The above option is incorrect as the governor does not have the power to appoint a high court judge. A judge of a high court can only be appointed by the President under clause (1) of Article 217 of the Constitution.
Option B) Removal of judges of High Court: The above option is incorrect as the governor does not have the power to remove a high court judge. A judge of a high court can only be removed by an order of the President, based on a motion passed by both houses of parliament.
Option C) Granting pardon to the one accused in case of death sentence: The above option is incorrect as the governor does not have the power to grant pardon to the one accused in case of the death sentence. Article 72 of the Indian Constitution empowers the President to grant pardons and to suspend, remit or commute sentences in certain cases.
Option D) None of these: The above option is correct as the Governor of a State only has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
Therefore the correct answer is option ‘D’.
Note: The primary function of the governor is to safeguard, secure and protect the constitution and the law as joined in their vow of office under Article 159 of the Indian constitution in the organization of the State undertakings. Every one of the lead representative's activities, suggestions and administrative forces (Article 167c, Article 200, Article 213, Article 355, and so forth) over the leader and authoritative elements of a State will be utilized to execute the arrangements of the Constitution. In this regard, the lead representative has various sorts of powers:
- Executive powers identified with organization, arrangements and evacuations,
- Legislative powers identified with lawmaking and the state governing body, that is State Legislative Assembly (Vidhan Sabha) or State Legislative Council (Vidhan Parishad), and
- Discretionary powers to be completed by the attentiveness of the lead representative.
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