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Which of the following statements is/are incorrect? 1. The Constitution does not contain any specific procedure for the selection and appointment o
Question

Which of the following statements is/are incorrect?
1. The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.
2. Upon death of incumbent Chief Minister, if the ruling party appoints a new leader, then the Governor has to appoint the new leader as Chief Minister.

A.

Neither 1 nor 2

B.

2 only

C.

Both 1 and 2

D.

1 only

Correct option is A

The correct answer is (a) Neither 1 nor 2

Explanation: 
Statement 1 is correct because Article 164 of the Constitution only states that the Chief Minister shall be appointed by the Governor without detailing a specific selection process.
• The Governor follows the parliamentary convention of inviting the leader of the majority party in the state legislative assembly.
Statement 2 is also correct as per constitutional conventions regarding the death of an incumbent Chief Minister.
• If the ruling party elects a new leader immediately, the Governor is bound by convention to appoint that person as the Chief Minister.
• The Governor exercises personal discretion in appointment only when there is no clear leader or successor in the party.

Information Booster:
• The Chief Minister is the real executive authority (de facto executive), while the Governor is the nominal executive (de jure executive).
• A person who is not a member of the state legislature can be appointed as CM for six months, within which they must be elected to either House.

Additional Knowledge: 
2 only (Option b)
• This is incorrect because statement 1 is also a factually true constitutional provision.
Both 1 and 2 (Option c)
• This is incorrect because the question asks for incorrect statements, and since both are true, this option fails.
1 only (Option d)
• This is incorrect because statement 2 is a recognized practice in Indian polity and is not an incorrect statement.

So the correct answer is a

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