Which of the following statements is/are correct? 1) The Governor’s discretionary power to recommend President’s Rule is mentioned in Article 356(1). 2) The 41st Constitutional Amendment curtailed the Governor’s term from 5 years to 4 years. 3) The Sarkaria Commission advised that Governors should not be removed before completing their term unless in rare and compelling circumstances.
- (a)2 & 3 only
- (b)1 & 3 correct
- (c)1 & 2 correct
- (d)3 only
Answer
Why
Correct — B. Statement 1 holds: Article 356(1) has the President act "on receipt of a report from the Governor of a State or otherwise". The Sarkaria Commission lists that report among situations calling for the Governor's discretion.
Statement 3 is the Commission's own advice: a Governor's five-year tenure "should not be disturbed except very rarely and that too for some extremely compelling reason".
Statement 2 is false, which leaves 1 and 3: option (b).
Why the others are wrong
- (a)2 & 3 only — "2 & 3 only" keeps the false statement. The 41st Amendment (1976) raised the retirement age of State Public Service Commission members from 60 to 62, and Article 156(3) still gives Governors five years.
- (c)1 & 2 correct — "1 & 2 correct" keeps statement 2, yet Article 156(3) still sets a five-year term. It also drops statement 3, the Sarkaria Commission's advice almost word for word.
- (d)3 only — "3 only" drops a true statement. Article 356(1) names the report from the Governor as one route to President's Rule, alongside "or otherwise".
Concept
Three facts about the Governor sit behind this item.
Article 156(3) gives a five-year term, though under Article 156(1) the Governor holds office during the President's pleasure.
Article 356(1) lets the President act on a Governor's report "or otherwise".
The Sarkaria Commission, constituted on 9 June 1983, reported in January 1988 and asked that a Governor's tenure be disturbed only for extremely compelling reasons.
Strictly, Article 356(1) never uses the word discretion. That reading comes from the Sarkaria report, which says the Governor may have to act against the advice of the Council of Ministers when making an Article 356 report. The key accepts it.
Key facts
- Article 156(3): a Governor holds office for five years from entering office, subject to the President's pleasure under Article 156(1).
- The 41st Amendment Act, 1976 raised the retirement age of State and Joint Public Service Commission members from 60 to 62 (Article 316(2)).
- The Sarkaria Commission was constituted on 9 June 1983 under Justice R. S. Sarkaria and submitted its report in January 1988.
- Sarkaria: a Governor's five-year tenure should not be disturbed except very rarely and for some extremely compelling reason.
Study next
Common traps
- Trusting the amendment number in statement 2: the 41st Amendment concerns Public Service Commission retirement age, not the Governor.
- Rejecting statement 1 because Article 356 never says "discretion": the Governor's report is in the text, and the key accepts the statement.
Here the Governor is tested through three statements, one carrying a planted amendment number. Article 356 is asked directly at 19 Sep 2024, 16:00, GA Q.13, and the Sarkaria Commission's place in a chronology at 18 Sep 2025, 12:30, GA Q.15.
Related PYQs
No directly related past PYQ was found.