UPSC Prelims 2014 Q60: Indian Polity – Union & State Executive
Which of the following are the discretionary powers given to the Governor of a State?
1. Sending a report to the President of India for imposing the President’s rule
2. Appointing the Ministers
3. Reserving certain bills passed by the State Legislature for consideration of the President of
India
4. Making the rules to conduct the business of the State Government
Select the correct answer
using the code given below.
- (a) 1 and 2 only
- (b) 1 and 3 only
- (c) 2, 3 and 4 only
- (d) 1, 2, 3 and 4
Answer: (b) 1 and 3 only
Explanation
Discretionary powers of the Governor
The Governor normally acts on the advice of the Council of Ministers.
In a few matters he acts on his own.
| Power | Discretionary? | Fact |
|---|---|---|
| 1. Sending a report to the President for imposing President's rule | Yes | Article 356 |
| 2. Appointing the Ministers | No | Done on the advice of the Chief Minister (Article 164) |
| 3. Reserving certain bills for consideration of the President | Yes | Article 200 |
| 4. Making the rules to conduct the business of the State Government | No | Done on the advice of the Council of Ministers (Article 166) |
Other discretionary situations:
| Situation | Detail |
|---|---|
| Hung Assembly | Choosing whom to invite as Chief Minister |
| Loss of majority | Dismissing a Ministry that refuses to resign |
| Information | Seeking information from the Chief Minister |
Answer: (b) 1 and 3 only.
Why each option is right or wrong
- (a) Incorrect. Appointing the Ministers is done on the Chief Minister's advice.
- (b) CORRECT. Reporting for President's rule and reserving bills are discretionary powers.
- (c) Incorrect. Statements 2 and 4 are not discretionary.
- (d) Incorrect. Only statements 1 and 3 are discretionary powers.
Key point
Governor's discretion: report under Article 356, reserving bills under Article 200, choosing a Chief Minister in a hung Assembly. Ministers and rules of business: on advice.
Remember
Governor's discretion: Article 356 report and reserving bills.
Common mistakes
- Treating every power exercised in the Governor's name as discretionary.
- Thinking the Governor chooses Ministers freely.
- Forgetting that the President has no such constitutional discretion, unlike the Governor.
Exam tip
Discretion = acting without ministerial advice. Day-to-day government is never discretionary.
Sources
- Constitution of India — Articles 163, 164, 166, 200 and 356
- M. Laxmikanth — Indian Polity, chapter on Governor