Question

The Chief Minister of a state can be removed if :

(a) a resolution is passed by 2/3rd members of the Legislative Council or the Rajya Sabha.

(b) in the opinion of the Governor, there is a breakdown of the constitutional machinery in the state.

(c) a no - confidence motion is passed by the Legislative Assembly.

(d) a no - confidence motion is passed by both the houses of State legislature.

1. (a), (b)
2. (a), (b), (d)
3. (b), (c)
4. (a), (d)
5.

Answer 1

Correct Answer - Option 3 : (b), (c)

The correct answer (b), (c)

• Article 164 of the Constitution envisages that the Chief Minister shall be appointed by the governor.
  • A leader of the party that has got the majority share of votes in the assembly elections, is appointed as the Chief Minister of the state.
• Term of the CM:
  • The term of the Chief Minister is not fixed and he holds office during the pleasure of the governor.
  • The CM of India can be removed from his office by the governor if he loses majority support in State Legislative Assembly.
    • It is the majority of the total membership of the House and a majority of not less than two-thirds of the members of the House present and voting. Hence (a) is incorrect ( not Rajya sabha)
    • When CM loses his majority support, he has to resign and Governor dismisses him then.
  • The State Legislative Assembly can also remove him by passing a vote of no-confidence against him. Hence (c) is correct
  • a no-confidence motion is passed by both the houses of the state legislature. Hence (d) is incorrect.