Which of the following statements is/are correct?
- The Governor’s discretionary power to recommend President’s Rule is mentioned in Article 356(1).
- The 41st Constitutional Amendment curtailed the Governor’s term from 5 years to 4 years.
- The Sarkaria Commission advised that Governors should not be removed before completing their term unless in rare and compelling circumstances.
Show answer & explanation
Correct answer: B
Explanation
The correct answer is option 2 i.e. 1 & 3 correct.
The correct statements are:
The Governor’s discretionary power to recommend President’s Rule is mentioned in Article 356(1).
The Sarkaria Commission advised that Governors should not be removed before completing their term unless in rare and compelling circumstances.
- Article 356(1): This article explicitly states that if the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that the government of the State cannot be carried on in accordance with the provisions of the Constitution, they may impose President's Rule. Recommending this is considered a constitutional discretionary power of the Governor because they act on their own judgment rather than the advice of the State Council of Ministers.
- Sarkaria Commission: Appointed in 1983 to review Centre-State relations, the commission recommended that the Governor’s five-year term should be secure to maintain the independence of the office. It advised that a Governor should not be removed before their term ends except for "extremely compelling reasons" or "rare and compelling circumstances," and even then, the Governor should be given an opportunity to explain their position.