Q. Which of the following are the discretionary powers given to the Governor of a State?

1. Sending a report to the President of India for imposing the President’s rule
2. Appointing the Ministers
3. Reserving certain bills passed by the State Legislature for consideration of the President of India
4. Making the rules to conduct the business of the State Government

Select the correct answer using the code given below.

• 1 and 2 only
• 1 and 3 only
• 2, 3 and 4 only
• 1, 2, 3 and 4

Answer: (b) 1 and 3 only

Discretionary power of Governor 

• Constitutional Discretion
  • Article 201: He can give or withhold assent to Bills, return a Bill for reconsideration of the House concerned or both the Houses, reserving it for the consideration of the President.
  • Article 356: He advises the President on the issue of the failure of the constitutional machinery and recommends for the imposition of the President’s rule in the state concerned.   
  • Article 239 (2): Where the Governor is also appointed as administrator of some Union Territory in respect of administration of such territories he will act independently of his Cabinet. 
  • Article 167: He seeks information from the Chief Minister with regard to the administrative and legislative matters of the state. 
• Situational Discretion of Governor
  • The Governor can appoint a new Chief Minister in a situation where no single party or leader commands majority support.  
  • He can dissolve the Assembly on the advice of a Chief Minister who has lost majority support. 
  • He can dismiss a Ministry where the Ministry refuses to resign even after losing majority support in the House or after being defeated on a non-confidence motion. 
• Other Situational Discretion Instances:
  • Establishing Development Boards:
    • The governor, while consulting the council of ministers, can ultimately act at their own discretion in establishing separate development boards for Vidarbha and Marathwada in Maharashtra, Saurashtra and Kutch in Gujarat, and the Hyderabad-Karnataka region in Karnataka.
  • Law and Order in Specific Regions:
    • Governors can exercise situational discretion with respect to law and order in specific regions, such as dealing with internal disturbance in the Naga Hills–Tuensang Area in Nagaland, administration of tribal areas in Assam, administration of hill areas in Manipur, and maintaining law and order in Arunachal Pradesh.
  • Peace and Development Initiatives:
    • Governors can act at their discretion for the peace and social and economic advancement of different sections of the population in Sikkim.
    • These discretionary powers are typically exercised within the bounds of constitutional principles and legal frameworks, ensuring the proper functioning of the democratic system.