Under Article 361 of the Constitution of India, a writ of mandamus will NOT lie against:

President of India or Governor of a State

In Epuru Sudhakar v. Government of A.P. (2006) 8 SCC 161, the Supreme Court held that the pardoning power of the President (Article 72) and Governor (Article 161) is:

Subject to limited judicial review on grounds of non-application of mind, mala fides, or extraneous considerations

Completely immune from judicial review under all circumstances

Subject to prior approval of the Chief Justice of India

An unguided absolute royal prerogative

In Dr. Jaishri Laxmanrao Patil v. Chief Minister, Maharashtra (2021) 8 SCC 1 (Maratha Reservation Case), a 5-Judge Constitution Bench held that:

The 50% ceiling limit on reservations laid down in Indra Sawhney remains good law and cannot be breached without extraordinary circumstances

The Maharashtra SEBC Act, 2018 granting reservation to Marathas exceeding 50% is unconstitutional

50% ceiling is no longer applicable

Under Article 151 of the Constitution of India, to whom does the Comptroller and Auditor-General (CAG) submit the audit reports of the Union and the States respectively?

Union accounts to the President (laid before Parliament under Art 151(1)), and State accounts to the Governor of the State (laid before State Legislature under Art 151(2))

Both Union and State reports directly to the Prime Minister

Both reports to the Public Accounts Committee directly

Both reports to the Finance Ministry

By the Constitution (Seventh Amendment) Act, 1956, which crucial flexibility was added to Article 153 of the Constitution regarding the appointment of Governors?

Added a proviso stating that 'nothing in this article shall prevent the appointment of the same person as Governor for two or more States'

Abolished the office of the Governor

Provided for election of Governors by State Legislatures

Fixed a mandatory 65-year retirement age for Governors

Under Article 164(1A) of the Constitution of India (inserted by 91st Amendment, 2003), the total number of Ministers, including the Chief Minister, in a State shall:

Not exceed 15% of the total number of members of the Legislative Assembly of that State, provided that the number of Ministers (including CM) shall NOT be less than 12

Not exceed 10% with a minimum of 8 ministers

Not exceed 20% without any minimum limit

Be exactly 15 ministers for all states

Unlike the President of India (Article 61) and Judges of the Supreme Court and High Courts (Article 124(4)), the Constitution of India contains NO provision for the removal / impeachment of:

The Governor of a State (who holds office during the pleasure of the President under Article 156(1) and can be removed by the President at any time without legislative impeachment proceedings, subject to B.P. Singhal (2010))

The Chief Election Commissioner

The Comptroller and Auditor-General of India

Under Articles 155, 156, and 157 of the Constitution of India, what are the constitutional prerequisites and terms governing the office of the Governor of a State?

The Governor is appointed by the President by warrant under his hand and seal (Art 155), holds office during the pleasure of the President (Art 156(1)) for a normal term of 5 years, and must be a Citizen of India who has completed the age of 35 years (Art 157)

The Governor is elected by the State Legislative Assembly for a fixed 6-year term

The Governor must be a resident of that specific State for at least 10 years

The Governor is appointed by the Chief Justice of India

In the landmark Constitution Bench judgment of B.P. Singhal v. Union of India (2010) 6 SCC 1 (5-Judge Bench), the Supreme Court ruled regarding the removal of Governors under Article 156(1) that:

Although the President can remove a Governor at pleasure without issuing a show-cause notice or recording reasons beforehand, this power cannot be exercised arbitrarily, capriciously, or on unreasonable grounds (such as the Governor not being in sync with the ruling party at the Centre), and is subject to JUDICIAL REVIEW

Governors can never be removed before completing their 5-year tenure

Governors can only be removed through legislative impeachment like High Court judges

The doctrine of pleasure under Article 156(1) is absolute and immune from judicial review

In Shamsher Singh v. State of Punjab (1974) 2 SCC 831 (7-Judge Constitution Bench), the Supreme Court held that the President and Governors in our parliamentary system:

Are constitutional formal heads of state who must exercise their formal constitutional and executive powers strictly on the 'Aid and Advice' of the Council of Ministers, save in well-defined exceptional situational discretions

Possess independent executive discretion superior to the elected cabinet

Can dismiss any minister without the advice of the Prime Minister / Chief Minister

Are personally responsible for all executive actions in a court of law

📖 Constitution of India•🎯 19 Practice MCQs

Part VI: The State Executive & Governor (Articles 152–167, 213)

Chapter-wise objective questions with statutory bare act articles, landmark Supreme Court case laws, and past judicial service citations.

article-361mandamus-immunitypresident-governorBihar JS 2018Very Importantepuru-sudhakarpardon-power-judicial-reviewarticle-72article-161UGC-NET 2020Importantjaishri-patil

Loading 19 Statutory MCQs...

Part VI: The State Executive & Governor (Articles 152–167, 213) • 19 Questions

📚 Chapter Practice Coverage

This practice module for Part VI: The State Executive & Governor (Articles 152–167, 213) contains 19 Multiple Choice Questions tailored for State Judicial Service Preliminary Examinations (including UP PCS-J, Delhi Judicial Service, Bihar Judiciary, MP Judiciary, Rajasthan Judicial Service), CLAT LL.M, All India Bar Examination (AIBE), and UGC-NET Law.

← All Constitution Chapters•Custom Practice Sets →