Question

The Governor of a state may exercise discretionary powers when

1. He or she is not convinced by the advice of the Council of Ministers

2. The Constitution requires him/her to act in his / her discretion in certain matters

3. He or she is appointed as the administrator of an adjoining Union Territory

Select the correct answer using the code given below:

1. 1, 2 and 3
2. 1 and 2 only
3. 2 and 3 only
4. 3 only

Answer 1

Correct Answer - Option 1 : 1, 2 and 3

The correct answer is 1, 2 and 3.

• The Governor of a state may exercise discretionary powers when-
• The Governors of states can act at their constitutional discretion in the following instances:
  • The Constitution requires him/her to act in his / her discretion in certain matters. Hence statement 2 is correct.
  • When they have to reserve the bill for the consideration of the President of India, Governors can decide on their own without the advice of the Council of Ministers, Hence statement 1 is correct.
  • When he has to recommend for the President’s rule in the state, he can act at his own discretion,
  • When he is given an additional charge as the administrator of the Union Territory, he can take actions at his own discretion, Hence statement 3 is correct.
  • When he has to determine the amount payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration,
  • When he calls upon the Chief Minister to seek information regarding administrative and legislative affairs,
• The Governors of states can act at their situational discretion in the following instances:
  • When he has to appoint a Chief Minister after no party has a clear majority in the election or when the incumbent dies in the office;
  • When he dismisses the council of ministers on an inability to prove confidence in the state legislative assembly;
  • When he dissolves the state legislative assembly on time when it loses its majority.

 

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• Governor is appointed by the President.
• Governor has to meet only two qualifications:-
  • He should be an Indian Citizen.
  • He should be 35 years old or more.
• He appoints the following people:
  • State Election Commissioner
  • Chairman and Members of the State Public Service Commission
  • Vice-Chancellors of the universities in the state