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 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 code given below.
1 and 2 only
1 and 3 only
2, 3 and 4 only
1, 2, 3 and 4
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC IAS – 2014
Statement 1 is correct: Article 356 of the Constitution allows the President to impose President’s Rule in a state if satisfied, based on a report from the Governor or otherwise, that the government cannot be carried on in accordance with the Constitution. The Governor’s report is often based on their subjective assessment of the situation, which is considered a discretionary function.
Statement 2 is incorrect: The Governor appoints the Chief Minister (leader of the majority party) and other ministers on the *advice* of the Chief Minister. This is a formal duty executed upon advice, not a discretionary power.
Statement 3 is correct: Article 200 of the Constitution allows the Governor to reserve certain bills passed by the state legislature for the consideration of the President of India. The Constitution gives the Governor discretion in deciding whether to reserve a bill (e.g., if it endangers the position of the High Court, or if it is ultra vires the Constitution).
Statement 4 is incorrect: Rules for the more convenient transaction of the business of the Government of the State are made by the Governor under Article 166(3) on the advice of the Council of Ministers. This is not a discretionary power.
– Discretionary powers include sending reports for President’s Rule and reserving bills for the President.
– Appointing ministers (on CM’s advice) and making business rules (on Council’s advice) are not discretionary.