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Bihar - Governor Powers & Role

Introduction

The Governor of Bihar plays a crucial constitutional role as the state's constitutional head. Questions on the Governor's powers and role are frequently asked in Bihar Public Service Commission (BPSC), Bihar Police Service exams, and other state-level competitive exams like Bihar SSC and Bihar Judiciary exams.

Pattern: Bihar - Governor Powers & Role

Pattern

This pattern tests knowledge of the constitutional powers, functions, and responsibilities of the Governor of Bihar as per the Indian Constitution.

Key Concept:

The Governor of Bihar acts as the constitutional head of the state, exercising executive, legislative, and discretionary powers as per the Constitution of India.

Important Points:

  • Executive Powers = Appointment of Chief Minister, state ministers, and other key officials.
  • Legislative Powers = Summoning, proroguing, and dissolving the Bihar Legislative Assembly; giving assent to bills.
  • Discretionary Powers = Used in situations like hung assembly, recommending President's Rule under Article 356.

Related Topics:

  • Governor's Role in State Emergency (Article 356)
  • Appointment and Removal of Governor
  • Difference between Governor and Lieutenant Governor

Step-by-Step Example

Question

Which of the following is a discretionary power of the Governor of Bihar?

Options:

  • A. Summoning the Bihar Legislative Assembly
  • B. Giving assent to bills passed by the state legislature
  • C. Recommending President's Rule in Bihar under Article 356
  • D. Appointing the Advocate General of Bihar

Solution

  1. Step 1: Understand the powers

    The Governor has executive, legislative, and discretionary powers. Summoning the assembly and giving assent to bills are legislative powers exercised on the advice of the Council of Ministers.

  2. Step 2: Identify discretionary power

    Recommending President's Rule under Article 356 is a discretionary power exercised by the Governor when the state government cannot function as per constitutional provisions.

  3. Step 3: Confirm other options

    Appointing the Advocate General is an executive power done on the advice of the state government, not discretionary.

  4. Final Answer:

    Recommending President's Rule in Bihar under Article 356 → Option C

  5. Quick Check:

    Governor discretionary power = Recommend President's Rule ✅

Quick Variations

This pattern may appear as questions on:

  • 1. Governor's role in appointing the Chief Minister in a hung assembly
  • 2. Governor's legislative powers like assent to bills or ordinance promulgation
  • 3. Governor's emergency powers under Articles 356 and 365

Trick to Always Use

  • Remember: "Governor acts on advice except in emergencies" to distinguish discretionary powers.
  • Mnemonic for discretionary powers: "PRC" = President's Rule recommendation, Reserve powers, and Constitutional duties.

Summary

Summary

  • The Governor is the constitutional head of Bihar with executive, legislative, and discretionary powers.
  • Discretionary powers include recommending President's Rule under Article 356.
  • Most powers are exercised on the advice of the Council of Ministers except discretionary ones.

Remember:
Governor's discretionary power = Recommend President's Rule

Practice

(1/5)
1. Who appoints the Governor of Bihar?
easy
A. The Chief Minister of Bihar
B. The Bihar Legislative Assembly
C. The Prime Minister of India
D. The President of India

Solution

  1. Step 1: Identify the appointing authority

    The Governor of a state is appointed by the President of India as per the Constitution.

  2. Step 2: Apply the constitutional provision

    The President appoints the Governor for each state, including Bihar, not the Chief Minister or state legislature.

  3. Final Answer:

    The President of India → Option D

  4. Quick Check:

    Governor appointment = President of India ✅
Hint: Remember: Governor appointed by President, not state bodies.
Common Mistakes: Confusing Governor's appointment with Chief Minister or state legislature.
2. Which power allows the Governor of Bihar to summon the state legislature?
easy
A. Executive Power
B. Discretionary Power
C. Legislative Power
D. Judicial Power

Solution

  1. Step 1: Understand types of powers

    The Governor exercises executive, legislative, and discretionary powers.

  2. Step 2: Identify the power related to legislature

    Summoning the state legislature is a legislative power of the Governor.

  3. Final Answer:

    Legislative Power → Option C

  4. Quick Check:

    Governor summoning legislature = Legislative Power ✅
Hint: Summoning legislature = Legislative power, not executive.
Common Mistakes: Mistaking summoning power as executive or discretionary.
3. The Governor of Bihar can dissolve the Legislative Assembly on whose advice?
easy
A. Council of Ministers' advice
B. Chief Minister's advice
C. Speaker's advice
D. President's advice

Solution

  1. Step 1: Understand the role of advice

    The Governor acts on the aid and advice of the Council of Ministers headed by the Chief Minister.

  2. Step 2: Identify correct advising body

    Dissolution of the Legislative Assembly is done by the Governor on the advice of the Council of Ministers, not just the Chief Minister alone.

  3. Final Answer:

    Council of Ministers' advice → Option A

  4. Quick Check:

    Assembly dissolution advice = Council of Ministers ✅
Hint: Governor acts on Council of Ministers' advice except discretionary powers.
Common Mistakes: Confusing advice from Chief Minister alone or Speaker.
4. Which of the following is a discretionary power of the Governor of Bihar?
medium
A. Giving assent to bills passed by the Bihar Legislative Assembly
B. Recommending President's Rule in Bihar under Article 356
C. Appointing the Chief Minister when a party has clear majority
D. Summoning the Bihar Legislative Assembly

Solution

  1. Step 1: Understand discretionary powers

    Discretionary powers are those exercised by the Governor without the advice of the Council of Ministers.

  2. Step 2: Identify discretionary power

    Recommending President's Rule under Article 356 is a discretionary power used when the state government cannot function constitutionally.

  3. Step 3: Confirm other options

    Giving assent, appointing Chief Minister with majority, and summoning assembly are done on advice, not discretionary.

  4. Final Answer:

    Recommending President's Rule in Bihar under Article 356 → Option B

  5. Quick Check:

    Governor discretionary power = Recommend President's Rule ✅
Hint: Mnemonic PRC: President's Rule recommendation is discretionary.
Common Mistakes: Confusing assent to bills or summoning assembly as discretionary powers.
5. In case of a hung assembly in Bihar, the Governor's power to appoint the Chief Minister is based on which principle?
medium
A. Discretionary Power
B. Majority Party Rule
C. Legislative Power
D. Executive Power

Solution

  1. Step 1: Understand hung assembly scenario

    When no party has clear majority, the Governor must decide whom to invite to form government.

  2. Step 2: Identify nature of Governor's power

    This decision is a discretionary power exercised without binding advice from the Council of Ministers.

  3. Step 3: Differentiate from other powers

    It is not a legislative or executive power but a discretionary constitutional duty.

  4. Final Answer:

    Discretionary Power → Option A

  5. Quick Check:

    Governor appoint CM in hung assembly = Discretionary Power ✅
Hint: Governor's discretion is key in hung assembly situations.
Common Mistakes: Assuming appointment is automatic or based on legislative power.

Mock Test

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