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, 2 and 3
1 and 2 only
2 and 3 only
3 only
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CAPF – 2020
– Statement 2 is correct: Article 163(1) explicitly states that the Governor acts on the aid and advice of the Council of Ministers “except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion”. There are several such specific requirements under the Constitution (e.g., reserving a bill for the President’s consideration under Article 200, recommending President’s Rule under Article 356 in case of breakdown of constitutional machinery).
– Statement 3 is correct: As per Article 239(2), when a Governor of a state is appointed as the administrator of an adjoining Union Territory, he exercises his functions as administrator independently of his Council of Ministers, i.e., in his discretion or on the advice of an Administrator’s Council if one exists.