Previous Year Question
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.
A and B are correct
A and C are correct
B and D are correct
All are correct
Correct Answer: B
Detailed Solution
Statement (A) is correct. Judges of a High Court are appointed by the President, not by the Governor. Under Article 217, a Judge of a High Court is appointed by the President after the constitutionally prescribed consultations. The Governor of the concerned State is consulted, but the appointing authority is the President. Therefore, A is correct.
Statement (B) is incorrect. Article 168 expressly provides that the Legislature of every State consists of the Governor and the concerned House or Houses. Thus, although the Governor is not a member of either House, he is constitutionally a part of the State Legislature.
Statement (C) is correct. Under Article 171, in a State having a Legislative Council, approximately one-sixth of its members are nominated by the Governor. Such persons possess special knowledge or practical experience in fields such as Literature, Science, Art, the Co-operative Movement and Social Service.
Statement (D) is incorrect. The Governor possesses important clemency powers. Under Article 161, in cases involving offences against laws relating to matters within the executive power of the State, the Governor may grant pardons, reprieves, respites or remissions, and may suspend, remit or commute sentences. Therefore, it is incorrect to say that the Governor has no judicial powers.
For examination purposes, the four points can be remembered as—High Court Judge: President appoints; State Legislature: Governor is a part; Legislative Council: Governor nominates some members; Article 161: Governor has clemency power.