PolityGovernance
News 7 of 26

Governor's Power to Dismiss CM Under Article 164(1) and Floor Test Mechanism Explained After Bengal Election

PolityHIGH
Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
06 May 2026
~2 min
Source: The Hindu
Key Data:Article 164(1)Article 172Section 100 of RP Act 195145 daysMay 8, 2021 to May 7, 2026
Bodies:Supreme CourtGovernorElection CommissionCalcutta High Court
Practice MCQs from today's news ▸
What This Article Covers

1.Article 164(1) of the Constitution states the Chief Minister is appointed by the Governor and holds office 'during the pleasure of the Governor', but constitutional intent and Supreme Court rulings clarify this power is not absolute.

2.A floor test is the constitutional mechanism to prove majority support if a Governor asks a CM to step down while the Assembly's tenure is ongoing; otherwise, the CM's office automatically ceases upon the Assembly's dissolution.

3.The article uses the 2026 West Bengal election context to explain legal remedies like election petitions under Section 100 of the RP Act, 1951, and writ petitions for challenging electoral integrity.

The Big Picture
Prelims · HighMains · High

This article clarifies the constitutional provisions and conventions governing the removal of a Chief Minister who refuses to resign after losing an election. It explains the Governor's powers under Article 164(1), the Supreme Court's interpretation of the 'aid and advice' doctrine, and the ultimate automatic dissolution of the Chief Minister's office upon the Assembly's term expiry.

Exam Lens

Quick Exam Facts From News

Constitutional Article (CM Appointment)Article 164(1)
Duration of State AssemblyArticle 172
Election Petition Deadline45 days from result declaration
West Bengal Assembly Term (2021-2026)May 8, 2021 to May 7, 2026
SC Case on Governor's PowerA.G. Perarivalan v. State (2022)

1-Minute Revision

  • ›Constitutional Article (CM Appointment): Article 164(1)
  • ›Duration of State Assembly: Article 172
  • ›Target this Data: The tenure of the West Bengal Assembly was May 8, 2021, to May 7, 2026.
  • ›Target this Nodal Body: The Governor of the State is the constitutional authority for appointing/dismissing a Chief Minister.
  • ›Target this Legal Point: Section 100 of the Representation of the People Act, 1951, lists grounds for declaring an election void.

Mastered this topic? Test your knowledge with a full MCQ quiz.

Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

Which constitutional authority has the power to appoint the Chief Minister of a state?

Q2Statement-basedHard

Consider the following statements regarding the constitutional provisions discussed in the article:

1. Article 164(1) states that Ministers hold office during the pleasure of the Governor, which grants the Governor absolute power to dismiss a Chief Minister at will.

2. According to Article 172, a State Legislative Assembly continues for five years from its first meeting, and its expiration automatically dissolves the Assembly.

3. The Supreme Court, in the A.G. Perarivalan case (2022), observed that the 'Governor' is a shorthand expression for the state government and is ordinarily bound by the aid and advice of the Council of Ministers.

Which of the statements given above is/are correct?

Q3Data-centricMedium

As per the article, within how many days must an election petition be filed before the High Court from the declaration of election results?

Q4Application/ImpactMedium

What is the primary constitutional mechanism to determine if a Chief Minister continues to enjoy the confidence of the legislature when their majority is in doubt?

All 20 MCQs ▸
Read original article from The Hindu
You finished this topic
Practice 3 MCQs from this newsNext Article
Explore Related Topics
PolityView Topic MCQs →
PreviousMuslim Women (Protection of Rights on Divorce) Bill 1986 Passed with Choice Under CrPC Sections 125-128Next India's R&D at <1% GDP, 2% AI Training Startups; Economic Survey 2025-26 Flags AI Production Gap vs USA (40%) & EU (21%)
Related Current Affairs
Polity Current Affairs

President Returns West Bengal Anti-Goonda Bill 2026 Over NDPS Overlap: Article 200 & 201 Explained

President Murmu has returned the West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026 (anti-Goonda Bill) for reconsideration because its provisions overlap with the central PITNDPS Act, 1988. The Bill permits preventive detention for up to 12 months without trial. This event underscores the constitutional process under Articles 200, 201, and 22, and raises important issues of federalism for UPSC Mains.

Polity Current Affairs

7 Years After Article 370 Revocation: J&K Still Awaits Statehood, Per Capita Income Ratio Falls to 76.6%

Seven years after the revocation of Article 370 and the loss of statehood, Jammu and Kashmir continues to face economic decline, high unemployment, and heavy-handed security measures. Despite Supreme Court advice to restore statehood, no timeline has been set. The article highlights the need for accountable governance through an elected administration, as the current Lt Governor-led rule lacks democratic accountability.

Polity Current Affairs

Lok Sabha Passes Tribunals Reforms Bill 2026; India's Russian Oil Imports Hit All-Time High of 48%

Today's top news covers the Lok Sabha's passage of the Tribunals Reforms Bill 2026 without debate, India's all-time high Russian oil imports at 48% in June 2026, multiple Supreme Court orders on Cauvery, Manipur, and Abhishek Banerjee, and a police lathi-charge on student protesters in Jharkhand. Key for Prelims: data points, bill names, SC orders.

Polity Current Affairs

AP High Court Declares Three-Capitals Petitions Infructuous; Amaravati Now Sole Capital Under AP Reorganisation (Amendment) Act 2026

The Andhra Pradesh High Court has deemed all petitions against the proposed three-capitals model as infructuous after Parliament amended the AP Reorganisation Act, 2014, making Amaravati the sole capital by law. This ends a long-standing political and legal battle, with implications for state governance and federal structure.

Polity Current Affairs

Karnataka HC Quashes KPSC Chairperson Suspension; Governor's Independent Action Invalid Under Article 317(1)

Karnataka High Court reinstates KPSC Chairperson Sahukar, ruling that the Governor's suspension order was invalid because it was passed without the aid and advice of the State Cabinet. This reaffirms the constitutional principle that the Governor is bound by Cabinet advice, even in matters concerning removal of SPSC members under Article 317(1). Important for understanding Governor's discretionary powers and the role of the Supreme Court in such inquiries.

Polity Current Affairs

Governor Suspends KPSC Chairman Under Article 317(2) for Second Time Amid Recruitment Scam

Karnataka Governor Thaawarchand Gehlot has suspended KPSC Chairman Shivashankarappa S. Sahukar for the second time, this time with Cabinet approval, under Article 317(2) of the Constitution. The suspension follows a High Court order quashing the Governor's earlier unilateral suspension, and comes amid ED raids related to bribery in veterinary officer recruitments. This case highlights the constitutional balance between Governor's powers and Cabinet aid and advice.

Polity Current Affairs

Calcutta HC Rules Electricity Essential for Dignified Life, Restores Power in Disputed Property

Calcutta High Court held that electricity is essential for 'meaningful civilized living' under Article 21. It restored power to occupants of a disputed property but clarified that restoration does not create any right to stay or equity in their favour.

Polity Current Affairs

SC Stops Assam Teacher Appointments Under Provincialisation; Cites Articles 14, 16, 21A & 254

The Supreme Court on September 8, 2026 restrained Assam from appointing or absorbing teachers in schools and colleges under the provincialisation scheme, in response to a PIL challenging the 2017 Act. The petition argues that the scheme allows entry into government service without fair, transparent and competitive recruitment, violating Articles 14, 16, 21A and 254. This is a high-yield case combining constitutional law, teacher eligibility and Centre-State legislative overlap.

Start Today's Quiz(20 Qs)