Question

In which one of the following cases, is the President of India not bound by the aid and advice of
the Union Council of Ministers?
(a) In deciding the question of removal of a Governor
(b) In deciding the question whether a member of Lok Sabha has become disqualified to continue
as a member
(c) While exercising power to grant pardon
(d) In dismissing a civil servant without any enquiry and hearing on the ground of security of
state​

Answer 1

Answer:

option a is the only one correct answer

Answer 2

Option (a) is the answer.

For the question of the removal of a governor, The president of India is not bound by the aid and advice of the union council ministers.

• The president has the power to remove a governor at any time without giving him or her any reason and without granting them or with an opportunity to be heard.
• However, this power must be exercised with care, and not arbitrarily or unreasonably. The power of removing the governor should only be exercised in rare and exceptional circumstances for valid and compelling reasons even if they don’t need to be mentioned to the governor.
• Because the President is bound to act on the aid and advice of the Council of Ministers under Article 74 of the Constitution, there was an exception made especially for this situation as under Article 155 and Article 156 of the Constitution, a Governor of a state is an appointee of the President, and he or she holds office “during the pleasure of the President”.

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