Question

The governor has constitutional discretion in which of the following cases:

1. Reservation of a bill for the consideration of the President.

2. Recommendation for the imposition of the President’s Rule in the state.

3. Seeking information from the chief minister with regard to the administrative and legislative matters of the state.

4. While exercising his functions as the administrator of an adjoining union territory.

Which of the statements given above is/are correct?

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

Answer 1

Correct Answer - Option 4 : 1, 2, 3 and 4

The correct answer is 1, 2, 3 and 4.

• The Constitution makes it clear that if any question arises whether a matter falls within the governor’s discretion or not, the decision of the governor is final and the validity of anything done by him cannot be called in question on the ground that he ought or ought not to have acted in his discretion.
• The governor has constitutional discretion in the following cases:
  • Reservation of a bill for the consideration of the President. Hence, statement 1 is correct.
  • Recommendation for the imposition of the President’s Rule in the state. Hence, statement 2 is correct.
  • While exercising his functions as the administrator of an adjoining Union territory (in case of an additional charge). Hence, statement 4 is correct.
  • Determining 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.
  • Seeking information from the chief minister with regard to the administrative and legislative matters of the state. Hence, statement 3 is correct.

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• In addition to the above constitutional discretion (i.e., the express discretion mentioned in the Constitution), the governor, like the president, also has situational discretion in the following cases:
  • Appointment of the chief minister when no party has a clear-cut majority in the state legislative assembly or when the chief minister in office dies suddenly and there is no obvious successor.
  • Dismissal of the council of ministers when it cannot prove the confidence of the state legislative assembly.
  • Dissolution of the state legislative assembly if the council of ministers has lost its majority.