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Which of the following statements regarding the Ordinance-making power of the Governor is/are not correct?
1. It is a discretionary power and does not entail the advice of the Ministers.
2. The Ordinance-making power of the Governor is confined to subjects in all the three Lists of Schedule VII.
3. With regard to repugnancy with Ya Union Law relating to the concurrent subjects, the Governor's Ordinance will prevail notwith- standing repugnancy, if the Ordinance had been made in pursuance of instructions' of the President of India.
Select the correct answer using the
code given below.
1 and 2 only
1, 2 and 3
2 and 3 only
3 only
Let's break down each statement:
- Statement 1: The Governor's Ordinance-making power is not a discretionary power. It requires the advice of the Council of Ministers.
- Statement 2: The Governor's Ordinance-making power is limited to subjects in the State List and the Concurrent List, not all three Lists of Schedule VII.
- Statement 3: If an ordinance by the Governor on a concurrent subject has instructions from the President, it can prevail over existing Union law.
Now, let's examine the options:
- Option 1: States that only statement 1 is incorrect. Incorrect because statement 1 and 2 are both incorrect.
- Option 2: States all statements are incorrect. Incorrect because statement 3 is correct.
- Option 3: Includes statement 2, which is incorrect.
- Option 4 (3 only): This correctly identifies only statement 3 as accurate.
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