Previous Year Question
Which of the following are the discretionary powers given to the Governor of a State?
Sending a report to the President of India for imposing the President’s Rule.
Appointing the Ministers.
Reserving certain Bills passed by the State Legislature for consideration of the President of India.
Making the rules to conduct the business of the State Government.
Select the correct answer using the codes given below.
1 and 2
1 and 3
2, 3 and 4
All of these
Correct Answer: B
Detailed Solution
Statement 1 is correct—it is a discretionary power of the Governor.
Under Article 356(1), if the President, on receipt of a report from the Governor or otherwise, is satisfied that the government of a State cannot be carried on in accordance with the Constitution, the President may issue a proclamation.
The Governor may assess a failure of constitutional machinery in the State and submit a report to the President.
Such a report may be sent without the advice of the State Council of Ministers.
A Governor’s report is not indispensable for imposing President’s Rule because Article 356 uses the expression “on receipt of a report from the Governor or otherwise.”
The final decision is taken by the President on the aid and advice of the Union Council of Ministers.
Statement 2 is incorrect—the appointment of all Ministers is not discretionary.
Under Article 164(1):
The Chief Minister is appointed by the Governor.
The other Ministers are appointed by the Governor on the advice of the Chief Minister.
The Governor may possess limited discretion in selecting the Chief Minister in a hung Assembly. However, other Ministers are appointed on the Chief Minister’s advice. Therefore, “appointing the Ministers” cannot generally be treated as a discretionary power.
Statement 3 is correct—it is a discretionary power of the Governor.
Under Article 200, when a Bill passed by the State Legislature is presented to the Governor, the Governor may:
Give assent to the Bill;
Withhold assent;
Return a non-Money Bill for reconsideration; or
Reserve the Bill for consideration of the President.
The Governor must reserve a Bill if, in the Governor’s opinion, it would so derogate from the powers of the High Court as to endanger the constitutional position of that Court.
A Bill reserved for the President is governed by Article 201. The President may assent to or withhold assent from it. In the case of a non-Money Bill, the President may also direct the Governor to return it to the State Legislature for reconsideration.
Statement 4 is incorrect—it is not a discretionary power.
Under Article 166(3), the Governor makes rules for the more convenient transaction of the business of the State Government and for allocation of business among Ministers.
This function is ordinarily exercised on the aid and advice of the Council of Ministers headed by the Chief Minister. The rules are formally made in the Governor’s name, but this does not make the function an individual discretionary power.