State Government – NDA Polity PYQs

NDA 2024-I

Q. 1. Under Article 191 of the Constitution of India, a person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a state if the person holds any office of profit under:

1. the Government of India.
2. any State Government.

Select the correct answer using the code given below:

(a)  1 only

(b)  2 only

(c)  Both 1 and 2

(d)  Neither 1 nor 2

Answer: (c) Both 1 and 2

Explanation: Under Article 191, a person is disqualified from State Legislature membership if they hold any office of profit under the Government of India or under the Government of any State. Both categories: the Union Government and any State Government: trigger the disqualification. The scope is not limited to offices under the particular State whose legislature is concerned. An office of profit under the Government of India, or under any other State’s Government, also disqualifies the person from contesting or holding membership of a State Legislature. This mirrors the disqualification for Parliamentary membership under Article 102, which uses the identical formula. Concept Tested: Article 191: office of profit disqualification applies under both the Government of India and any State Government

NDA 2013-I

Q. 2. Which of the following statements is/are correct? Under Article 200 of the Constitution of India, the Governor of a State may

1. withhold his assent to a bill passed by the State Legislature
2. reserve the bill passed by the State Legislature for reconsideration of the President
3. return the bill, other than a money bill, for reconsideration of the Legislature

Select the correct answer using the code given below.

(a)  1 only

(b)  1 and 2 only

(c)  2 and 3 only

(d)  1, 2 and 3

Answer: (d) 1, 2 and 3

Explanation: All three statements describe genuine powers of the Governor under Article 200. Statement 1: The Governor may withhold assent to a Bill passed by the State Legislature. Statement 2: The Governor may reserve a Bill for the consideration of the President: this is mandatory for certain Bills (such as those that derogate from High Court powers) and discretionary for others. Statement 3: For non-Money Bills, the Governor may return the Bill to the legislature for reconsideration, with or without a message. If the legislature passes the Bill again (with or without amendment), the Governor must give assent. All three options are confirmed powers of the Governor under Article 200. The answer is (d). Concept Tested: Governor’s powers under Article 200: three options: withhold assent, reserve for President, return for reconsideration (non-Money Bills)

★ JOVIK Exam Insight: The Governor has three options beyond simply assenting to a Bill: not just a binary assent/withhold choice. Crucially, the return-for-reconsideration option is not available for Money Bills. For all other Bills, the Governor may send them back once: but must assent if the legislature passes the Bill again.

NDA 2012-I

Q. 3. Which of the statements given below is/are correct?

1. The Speaker immediately vacates his/her office whenever the State Legislative Assembly is dissolved.
2. No Member of a State Legislative Assembly shall be liable to any proceeding in any court in respect of anything said or any vote given by him/her in the legislature.

Select the correct answer using the code given below:

(a)  1 only

(b)  2 only

(c)  Both 1 and 2

(d)  Neither 1 nor 2

Answer: (b) 2 only

Explanation: Statement 1 is incorrect. The Speaker of a State Legislative Assembly does NOT immediately vacate office when the Assembly is dissolved. The Speaker continues to hold office until immediately before the first sitting of the newly constituted Assembly after the general election. This ensures institutional continuity during the inter-election period. Statement 2 is correct. Under Article 194 of the Constitution, no member of a State Legislature shall be liable to any proceedings in any court in respect of anything said or any vote given in the legislature or any committee thereof. This is the same privilege as Article 105 provides for Members of Parliament. The freedom of speech in the State Legislature is an absolute constitutional privilege. Only Statement 2 is correct. The answer is (b). Concept Tested: Speaker continues after dissolution; legislative freedom of speech under Article 194

★ JOVIK Exam Insight: Dissolution ends the Assembly’s legislative powers but does not terminate the Speaker’s office. The Speaker remains to ensure continuity until the new Assembly’s first sitting. Article 194 (State Legislature) mirrors Article 105 (Parliament) on freedom of speech: an absolute immunity from court proceedings.

NDA 2010-II

Q. 4. Consider the following statements:

Statement I: Sarkaria Commission recommended that Governor of a state should be a non-political person appointed after consultation with the Chief Minister of the state.

Statement II: This could be achieved through amending Article 165 of the Constitution of India.

(a)  Both statements are individually true and Statement II is the correct explanation of Statement I

(b)  Both statements are individually true but Statement II is NOT the correct explanation of Statement I

(c)  Statement I is true but Statement II is false

(d)  Statement I is false but Statement II is true

Answer: (c) Statement I is true but Statement II is false

Explanation: Statement I is correct. The Sarkaria Commission (Commission on Centre-State Relations, 1983–1987) recommended that the Governor should be a non-political person and should be appointed only after consultation with the Chief Minister of the State. Statement II is false. Article 165 of the Constitution deals with the Advocate General of the State: the State-level law officer equivalent to the Union’s Attorney General. It has nothing to do with the appointment of the Governor. If the Sarkaria Commission’s recommendation were given constitutional form, it would require amendment of Articles 155 and 156, which govern the appointment and tenure of the Governor respectively: not Article 165. Statement I is true; Statement II is false. The answer is (c). Concept Tested: Sarkaria Commission recommendation on Governor’s appointment: Article 165 is the Advocate General, not the Governor

★ JOVIK Exam Insight: Article 165:  Advocate General of the State (State’s law officer). Not the Governor. Governor appointment:  Article 155. Governor’s tenure:  Article 156. Article 165 falls numerically within the State Executive Articles range (153–167), which makes it a convincing distractor. Always verify: 165 is about the State’s lawyer, not its constitutional head.

Q. 5. The Legislative Council in a state in India can be created or abolished by the:

(a)  Parliament on the recommendation of a Governor of the state

(b)  Parliament alone

(c)  Parliament after the state assembly passes the resolution to that effect

(d)  Governor of the state on the recommendation of the Council of Ministers

Answer: (c) Parliament after the state assembly passes the resolution to that effect

Explanation: A State Legislative Council can be created or abolished under Article 169 of the Constitution, but only through a specific two-stage process. First, the State Legislative Assembly must pass a resolution requesting Parliament to create or abolish the Legislative Council. The Assembly must pass this resolution by a special majority. Second, Parliament enacts legislation under Article 169 to give effect to the Assembly’s resolution. Parliament cannot act alone: the State Assembly’s resolution is a constitutional prerequisite. The Governor has no initiating role in this process. The Governor cannot create or abolish a Legislative Council even on the Council of Ministers’ recommendation. Concept Tested: Creation/abolition of State Legislative Council: Article 169: Parliament + State Assembly resolution required

★ JOVIK Exam Insight: Neither Parliament nor the Governor can act alone to create or abolish a Legislative Council. The State Legislative Assembly first passes a resolution. Parliament then passes a law under Article 169, after which it creates or abolishes the Legislative Council.

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