State Executive — Indian Polity

Q.1

WBCS Prelims 2022

The Advocate General of a State is appointed by

A. the Chief Minister.

B. the Governor.

C. the President.

D. the Chief Justice of the High Court.

Explanation

Why Correct: Article 165 of the Constitution empowers the Governor of a state to appoint the Advocate General.
Distractor Analysis: The Chief Minister recommends the appointment but does not appoint. The President appoints the Attorney General of India, not state Advocate Generals. The Chief Justice of the High Court has no role in appointing the Advocate General.
Takeaway: The Advocate General holds office during the pleasure of the Governor and must be qualified to be appointed as a judge of the High Court.

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Q.2

WBCS Prelims 2019

District Judge in a state are appointed by the

A. Governor

B. Chief Justice of High court

C. Council of Ministers of the state

D. Advocate General of the state

Explanation

Why Correct: Article 233(1) explicitly states that appointments of district judges shall be made by the Governor of the state in consultation with the High Court exercising jurisdiction in relation to that state.
Distractor Analysis: The Chief Justice of the High Court only provides consultation to the Governor but does not make the appointment. The Council of Ministers advises the Governor on executive matters but judicial appointments follow constitutional provisions. The Advocate General is the chief legal advisor to the state government but has no role in judicial appointments.
Takeaway: For appointments to the High Court, Article 217 specifies they are made by the President after consultation with the Chief Justice of India and the Governor of the state.

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Q.3

WBCS Prelims 2019

Executive power of the state is bestowed on the Governor by which article of the Indian Constitution ?

A. Article 156

B. Article 155

C. Article 154

D. Article 153

Explanation

Why Correct: Article 154(1) vests the executive power of the State in the Governor, to be exercised directly or through subordinate officers in accordance with the Constitution.
Distractor Analysis: Article 153 establishes the office of Governor for each State. Article 155 specifies the appointment of Governor by the President. Article 156 deals with the term of office of Governor.
Takeaway: While Article 154 vests executive power in the Governor, Article 163 mandates that the Governor shall be aided and advised by a Council of Ministers headed by the Chief Minister.

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Q.4

WBCS Prelims 2015

A bill of a state legislature becomes an Act when

A. The Speaker signs it

B. The Governor of the State signs it

C. The Chief Minister signs it

D. The Departmental minister signs it

Explanation

Why Correct: Article 200 of the Constitution requires the Governor to assent to a bill passed by the state legislature for it to become law, or reserve it for the President's consideration.
Distractor Analysis: The Speaker authenticates bills passed by the legislative house but does not enact them. The Chief Minister leads the government but lacks constitutional power to convert bills into Acts. Departmental ministers introduce and pilot bills but cannot enact them.
Takeaway: For money bills, the Governor cannot withhold assent but must reserve them for the President under Article 200 proviso.

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Q.5

WBCS Prelims 2007

The executive powers of the state are vested in the Governor under Article _________ of the institution.

A. Article 154 (1)

B. Article 155

C. Article 14

D. Article 356

Explanation

Why Correct: Article 154(1) of the Indian Constitution vests the executive power of the State in the Governor, who exercises it directly or through subordinate officers.
Distractor Analysis: Article 155 governs the appointment of the Governor by the President. Article 14 guarantees equality before law and equal protection of laws. Article 356 provides for President's Rule in states during constitutional breakdown.
Takeaway: Article 153 establishes the office of Governor, while Article 156 specifies the term of office (5 years) and conditions for removal.

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