CAPF AC 2020 Q56: Indian Polity – Union & State Executive
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:
- (a) 1, 2 and 3
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 3 only
Answer: (a) 1, 2 and 3
Explanation
Discretionary powers of the Governor
How to think: the Governor normally acts on the advice of the Council of Ministers.
Discretion means acting without being bound by that advice.
Check whether each situation frees the Governor from the advice.
| Statement | Verdict | Basis |
|---|---|---|
| 1. He or she is not convinced by the advice of the Council of Ministers | Correct by the answer key | The Governor may ask the Council to reconsider, or reserve a Bill for the President |
| 2. The Constitution requires him or her to act in discretion in certain matters | Correct | Article 163 speaks of functions to be exercised in his discretion |
| 3. He or she is appointed as the administrator of an adjoining Union Territory | Correct | Article 239(2): acts independently of the Council of Ministers |
Examples of discretion:
| Type | Example |
|---|---|
| Constitutional | Reserving a Bill for the President (Article 200); report for President's Rule (Article 356) |
| Situational | Choosing a Chief Minister when no party has a majority |
Answer: (a) 1, 2 and 3.
Why each option is right or wrong
- (a) CORRECT. All three are treated as situations where the Governor may use discretion.
- (b) Incorrect. This leaves out statement 3 on the Union Territory, which is expressly in Article 239(2).
- (c) Incorrect. This leaves out statement 1, which the answer key accepts.
- (d) Incorrect. Statement 3 is right, but statement 2 is plainly right as well.
Key point
Governor's discretion: Article 163 (where the Constitution requires), Article 200 (reserving Bills), Article 356 (report), Article 239(2) (as administrator of a Union Territory), and choosing a Chief Minister in a hung House.
Remember
Governor has discretion (Article 163); the President has almost none.
Common mistakes
- Thinking the Governor has no discretion at all, like the President.
- Forgetting Article 239(2) on the Governor as administrator of a Union Territory.
- Reading statement 1 as a power to reject advice at will; it covers reconsideration and reserving Bills.
Exam tip
Statement 2 is certain, so option (d) is out. Then check statement 3 against Article 239(2).
Sources
- Constitution of India — Articles 163, 200, 239(2) and 356
- M. Laxmikanth — Indian Polity, chapter on the Governor