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Q60 (IAS/2014) Polity & Governance › State Executive & Legislature › Governor discretionary powers Official Key

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.

Result
Your answer: —  ·  Correct: B
Explanation

The Governor has constitutional discretion in recommending the imposition of the President's Rule in the state[1], and reserving a bill for the consideration of the President[1]. These are expressly mentioned discretionary powers.

However, appointing Ministers is not a discretionary power of the Governor. The Council of Ministers with the Chief Minister as head aids and advises the Governor in exercise of his functions except in so far as he is required to exercise his functions in his discretion[2]. The Governor appoints the Chief Minister and Ministers on the advice of the Chief Minister, not at his own discretion.

Similarly, while the Governor makes rules for the more convenient transaction of the business of the Government of the State and for the allocation among Ministers, this is done in so far as it is not business with respect to which the Governor is required to act in his discretion[3]. This means making rules for conducting state government business is generally done on the aid and advice of the Council of Ministers, not as a discretionary power.

Therefore, only statements 1 and 3 are correct discretionary powers, making option B the correct answer.

Sources
  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > CONSTITUTIONAL POSITION OF GOVERNOR > p. 321
  2. [2] https://knowindia.india.gov.in/profile/the-states.php
  3. [3] https://governor.telangana.gov.in/roleofgovernor.do
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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. 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 i…
At a glance
Origin: Books + Current Affairs Fairness: Moderate fairness Books / CA: 5/10 · 5/10

This is a textbook 'Static Polity' question directly solvable from Laxmikanth (Chapter: Governor). It tests the fundamental distinction between 'Constitutional Discretion' (explicitly mentioned in Articles) and routine executive functions performed on 'Aid and Advice'. If you know the specific list of discretionary powers, this is a sitter.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Is sending a report to the President recommending imposition of President's Rule in a state a discretionary power of the Governor of a State in India?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > CONSTITUTIONAL POSITION OF GOVERNOR > p. 321
Presence: 5/5
“The governor has constitutional discretion in 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. While exercising his/her functions as the administrator of an adjoining union territory (in case of additional charge). • 4. 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. In addition to the above constitutional discretion (Le., the express discretion mentioned in the Constitution), the governor, like the President, also has situational discretion (Le., the hidden discretion derived from the exigencies of a prevailing political situation) in the following cases: 1.”
Why this source?
  • Explicitly lists ‘Recommendation for the imposition of the President's Rule in the state’ as an instance of the governor's constitutional discretion.
  • Uses the term ‘constitutional discretion’, indicating this is a recognised discretionary power under the Constitution.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > Executive Powers > p. 316
Presence: 4/5
“He / she can recommend the imposition of constitutional emergency in a state to the President. During the period of President's rule in a state, the governor enjoys extensive executive powers as an agent of the President.”
Why this source?
  • States the governor ‘can recommend the imposition of constitutional emergency in a state to the President’, directly affirming the recommending power.
  • Links this recommending power to the governor’s executive role during President's Rule, showing practical effect.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > THE STATE EXECUTIVE > p. 273
Presence: 5/5
“consulted by the President in the appointment of the Chief Justice and the Judges of the High Court of the State. IV. Emergency Power. The Governor has no emergency powers7 to meet the situation arising from external aggression or armed rebellion as the President has [Article 352(1)), but he has the power to make a report to the President whenever he is satisfied that a situation has arisen in which Government of the State cannot be carried on in accordance with the provisions of the Constitution [Article 356], thereby inviting the President to assume to himself the functions of the Government of the State or any of them. [This is popularly known as 'President's Rule'.] Appointment of At the head of a State Council of Ministers is the Chief Council of Ministers.”
Why this source?
  • Explains the governor ‘has the power to make a report to the President whenever he is satisfied that a situation has arisen’ under Article 356, i.e., to invite President's Rule.
  • Connects the report-making to Article 356 language, demonstrating the constitutional basis for the governor's discretion to report.
Statement 2
Is appointing the State Ministers a discretionary power of the Governor of a State in India?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 4/5
"assent to the Bills and appointing the Council of Ministers. There are certain functions, which are possibly to be exercised by the Governor in his/her discretion as sending report to the President under Article 356 and reserving Bill for the consideration of the President under Article 254(2)."
Why this source?
  • Explicitly lists "appointing the Council of Ministers" as a function of the Governor.
  • Immediately contrasts that with "functions... to be exercised by the Governor in his/her discretion" (giving examples) — appointment is listed separately, not among the discretionary examples.
Web source
Presence: 4/5
"Council of Ministers with Chief Minister as its head... Council of Ministers with Chief Minister as head aids and advises Governor in exercise of his functions except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion."
Why this source?
  • States that the "Council of Ministers... aids and advises Governor in exercise of his functions," indicating a routine constitutional role for ministers rather than a discretionary appointment power.
  • Adds that the Governor exercises some functions "in his discretion," implying only specified functions are discretionary, not all (such as appointing ministers).
Web source
Presence: 3/5
"Since nowhere in the Constitution (except where it deals with the Governor of Assam) is there express mention of the discretionary powers of the Governor, whatever powers the Governor has to exercise in his discretion are inherent in a particular situation."
Why this source?
  • Notes that the Constitution does not expressly enumerate discretionary powers of the Governor (except Assam), so discretionary powers are not broadly defined.
  • Implies that appointment of ministers is not an explicitly stated discretionary power but depends on particular situations.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > Executive Powers > p. 316
Strength: 5/5
“The executive powers and functions of the Governor are: • 1. All executive actions of the government of a state are formally taken in his/her name. • 2. He/she can make rules specifying the manner in which the Orders and other instruments made and executed in his/ her name shall be authenticated. • 3. He/she can make rules for more convenient transaction of the business of a state government and for the allocation among the ministers of said business. • 4. He/she appoints the chief minister and other ministers. • 9. He/ she can require the chief minister to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council. • 10.”
Why relevant

Lists governor's executive powers and explicitly states 'He/she appoints the chief minister and other ministers.'

How to extend

A student could check whether this appointment power is exercised on ministerial advice (Articles 163/164) or in specific situations without advice to judge if it is discretionary.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 32: State Council of Ministers > NATURE OF ADVICE BY MINISTERS > p. 330
Strength: 5/5
“t NATURE OF ADVICE BY MINISTERS Article 163 provides for a council of ministers with the chief minister at the head to aid and advise the governor in the exercise of his/ her functions except for the discretionary ones. 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/her cannot be called into question on the ground that he/she ought or ought not to have acted at his/her discretion. In State of Punjab (1974), the Supreme Court held that except in spheres where the governor is to act at his/ her discretion, the governor has to act on the aid and advice of the council of ministers in the exercise of his/her powers and functions.”
Why relevant

Explains Article 163: the governor must act on aid and advice of the council of ministers except in matters where the governor is required to act in his/her discretion; and the governor's decision on what is discretionary is final.

How to extend

One could use this rule to test whether appointing ministers is listed among constitutional 'discretionary' spheres or is normally covered by 'aid and advice'.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > THE STATE EXECUTIVE > p. 274
Strength: 4/5
“The functions which are specially required by the Constitution to be exercised by the Governor in his discretion are- Discretionary functions of Governor. (a) Para 9(2) of the 6th Schedule which provides that the Governor of Assam shall, in his discretion, determine the amount payable by the State of Assam to the District Council, as royalty accruing from licences for minerals. <sup>12</sup> (b) Article 239(2) [added by the Constitution (7th Amendment) Act, 1956] which authorises the President to appoint the Governor of a State as the administrator of an adjoining Union Territory and provides that where a Governor is so appointed, he shall exercise his functions as such administrator 'independently of his Council of Ministers'.”
Why relevant

Gives concrete examples of functions the Constitution requires the Governor to exercise in his discretion (e.g., 6th Schedule para, administrator of UT independently of council).

How to extend

A student could compare these examples with appointment powers to see if appointments are similarly specified as discretionary.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > CONSTITUTIONAL POSITION OF GOVERNOR > p. 321
Strength: 4/5
“The Constitution of India provides for a parliamentary form of government in the states as in the Centre. Consequently, the governor has been made only a nominal executive, the real executive constitutes the council of ministers headed by the chief minister. In other words, the governor has to exercise his/ her powers and functions with the aid and advice of the council of ministers headed by the chief minister, except in matters in which he/she is required to act in his/ her discretion (I.e In estimating the constitutional position of the governor, particular reference has to be made to the provisions of Articles 154, 163 and 164.”
Why relevant

States the constitutional position: governor is nominal executive and must act with aid and advice of council of ministers except in matters of discretion (refers to Articles 154, 163, 164).

How to extend

Use the cited articles as a checklist to determine whether ministerial appointments fall within ordinary (non‑discretionary) executive action or within exceptions.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > Powers of the Governor. The Governor has no diplomatic or military powers like the President, but he possesses executive, legislative and judicial powers analogous to those of the President. > p. 272
Strength: 3/5
“I. Executive. Apart from the power to appoint his Council Ministers, the Governor has the power to appoint the Advocate-General and the Members of the State Public Service Commission. The Governor has no power to appoint judges of the Supreme High Court but he is entitled to be consulted by the President in the matter [Article 2 17( 1 )J. Like the President, the Governor has the power to nominate members of the Anglo-Indian community to the Legislative Assembly or his State, if he is satisfied that they are not adequately represented in the Assembly; but while the President's corresponding power with regard to the House of the People is limited to a maximum of two members, in the case of the Governor the limit is one member only, since the Constitution (23rd Amendment) Act, 1969 [Article 333].”
Why relevant

Notes governor has power to appoint his Council of Ministers (alongside other appointments) but elsewhere the governor's powers are 'analogous' to President's and constrained.

How to extend

Compare the governor's appointment role with the President's analogous powers and with the constitutional requirement of acting on advice to infer likely non‑discretionary character.

Statement 3
Is reserving certain bills passed by the State Legislature for the consideration of the President of India a discretionary power of the Governor of a State?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > g) Assent to legislation and Veto. > p. 218
Presence: 5/5
“His desk for an indefinite time, particularly if he finds that the Ministry is shaky and is likely to collapse shortly. (F) Dual/owan of Slate I.gulalion. Besides the power to veto Union legislation, the President of India shall also have the power of disallowance or return for reconsideration of a Bill of the State Legislature, which may have been reserved for his consideration by the Governor of the State [Article 201]. Reservation of a Slate Bill for the assent of the President is a discretionary power. Of the Governor of a State. In the case of any Bill presented to the Governor for his assent after it has been passed by both Houses of the Legislature of the State, the Governor may, instead of giving his assent or withholding his assent, reserve the Bill for the consideration of the President.”
Why this source?
  • Explicitly states 'Reservation of a State Bill for the assent of the President is a discretionary power of the Governor of a State.'
  • Also describes the governor's option to reserve a bill for the President instead of giving or withholding assent (Article 201 context).
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > IDI I Veto Over State Bills > p. 141
Presence: 4/5
“The governor is empowered to reserve certain types of bills passed by the state legislature for the consideration of the President. The President can withhold his assent to such bills. not only in the first instance but also in the second instance. Thus, the President enjoys absolute veto (and not suspensive veto) over state bills. But in US and Australia, the states are autonomous within their fields and there is no provision for any such reservation.”
Why this source?
  • Affirms that 'the governor is empowered to reserve certain types of bills passed by the state legislature for the consideration of the President', supporting existence of the reservation power.
  • Provides context that such reservation places the bill under the President's authority (presidential assent/withholding).
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 30: Governor > ISSUES IN THE GOVERNOR'S FUNCTIONING > p. 323
Presence: 3/5
“Of State Bills passed by the Legislature for the consideration of the President have created a controversy in some cases. • 7. Regarding Nominations to Legislative Council: The use of discretion by Governors in the nomination of members to the Legislative Council has been criticised. These actions have been criticised on the ground that the Governors have no discretion in such matters. Qrtlcle No | Subject-matter 153. | Governors of states • Col1: 154.; Col2: Executive power of state • Col1: 155.; Col2: Appointment of Governor • Col1: 156.; Col2: Term of office of Governor • Col1: 157.”
Why this source?
  • Notes controversy surrounding governors' use of discretion in reserving state bills, which presumes the exercise of discretionary power.
  • Highlights that the discretionary nature of reservation has been disputed, indicating recognition of its practical application and contestation.
Statement 4
Is making rules to conduct the business of the State Government a discretionary power of the Governor of a State in India?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business"
Why this source?
  • This passage states the Governor 'shall make rules' for conducting State Government business, indicating a duty rather than a pure discretion.
  • It ties rule-making directly to the convenient transaction and allocation of business among Ministers (an administrative function).
Web source
Presence: 5/5
"The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion."
Why this source?
  • This passage qualifies the rule-making power by excluding matters 'with respect to which the Governor is... required to act in his discretion', showing rule-making is not a general discretionary power.
  • Together with the 'shall make rules' language, it shows rule-making is a prescribed function but limited where the Constitution assigns Governor discretionary action.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 30: Governor > Executive Powers > p. 316
Strength: 5/5
“The executive powers and functions of the Governor are: • 1. All executive actions of the government of a state are formally taken in his/her name. • 2. He/she can make rules specifying the manner in which the Orders and other instruments made and executed in his/ her name shall be authenticated. • 3. He/she can make rules for more convenient transaction of the business of a state government and for the allocation among the ministers of said business. • 4. He/she appoints the chief minister and other ministers. • 9. He/ she can require the chief minister to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council. • 10.”
Why relevant

Explicitly lists as an executive power that the Governor 'can make rules for more convenient transaction of the business of a state government and for the allocation among the ministers of said business.'

How to extend

A student could compare this formulation with the Constitution's distinction between functions 'to be performed in his discretion' and ordinary executive powers to see if the text frames rule-making as discretionary or as routine/formal.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > Executive Powers > p. 316
Strength: 4/5
“The executive powers and functions of the Governor are: • 1. All executive actions of the government of a state are formally taken in his/her name. • 2. He/she can make rules specifying the manner in which the Orders and other instruments made and executed in his/ her name shall be authenticated. • 3. He/she can make rules for more convenient transaction of the business of a state government and for the allocation among the ministers of said business. • 4. He/she appoints the chief minister and other ministers. • 9. He/ she can require the chief minister to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council. • 10.”
Why relevant

Same authoritative statement (duplicate of 1) reinforcing that rule-making for conducting state business is listed under Governor's executive powers.

How to extend

Use this repeated listing to justify checking constitutional provisions (e.g., Article references) or commentary to see whether such 'executive powers' are described as subject to advice of Council of Ministers or exercisable in discretion.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2014 TEST PAPER > p. 748
Strength: 4/5
“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 10. Consider the following statements: 1. The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business. 2. All executive actions of the Government of India shall be expressed to be taken in the name of the Prime Minister.”
Why relevant

Presents 'Making the rules to conduct the business of the State Government' as an item in a list of gubernatorial functions (in a test-question context), indicating it is commonly treated as a standard gubernatorial power.

How to extend

A student could use this to infer that the power is widely recognised and then check whether such listed items are generally discretionary or exercised on aid-and-advice of ministers.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > THE STATE EXECUTIVE > p. 274
Strength: 5/5
“The functions which are specially required by the Constitution to be exercised by the Governor in his discretion are- Discretionary functions of Governor. (a) Para 9(2) of the 6th Schedule which provides that the Governor of Assam shall, in his discretion, determine the amount payable by the State of Assam to the District Council, as royalty accruing from licences for minerals. <sup>12</sup> (b) Article 239(2) [added by the Constitution (7th Amendment) Act, 1956] which authorises the President to appoint the Governor of a State as the administrator of an adjoining Union Territory and provides that where a Governor is so appointed, he shall exercise his functions as such administrator 'independently of his Council of Ministers'.”
Why relevant

Defines and gives examples of functions that are 'specially required by the Constitution to be exercised by the Governor in his discretion' and shows that discretionary functions are explicitly identified and limited.

How to extend

Compare the examples of constitutionally explicit discretionary functions here with the rule-making power to determine whether it appears among constitutionally singled-out discretionary powers.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > THE STATE EXECUTIVE > p. 275
Strength: 4/5
“2. (a) reservation of proportion of seats in educational and vocational training institutions in Hyderabad-Karnataka Region for students of the Region and (b) identification of posts or classes of posts under the State Government and in any body or organisation under the control of the State Government in the Hyderabad-Karnataka region, and reservation of a proportion of such posts for persons of the Hyderabad-Karnataka Region. In the discharge of such special responsibility, the Governor has to act according to the directions issued by the President from time to time, and subject thereto, he is to act 'in his discretion'. It has been held by the Supreme Court that the measure of discretionary power of the Governor, is limited to the scope postulated under Article 163(1) C.”
Why relevant

Notes that the Governor's measure of discretionary power is limited (citing Article 163(1) C) and that some duties are to be performed 'in his discretion' subject to President's directions in specific contexts.

How to extend

A student could use this to investigate whether rule-making lies within those limited, constitutionally-specified discretionary spheres or within ordinary executive actions taken in the Governor's name but on ministerial advice.

Pattern takeaway: UPSC loves the 'Grey Areas' of the Constitution. They will mix routine executive powers (Art 166, Art 164) with exceptional discretionary powers to confuse you. Always segregate powers into 'Bound by Advice' vs 'Independent Action'.
How you should have studied
  1. [THE VERDICT]: Sitter. Direct hit from Laxmikanth > Governor > 'Constitutional Position of Governor'. No current affairs needed.
  2. [THE CONCEPTUAL TRIGGER]: The 'Dual Role' of the Governor: Constitutional Head (bound by advice) vs. Agent of the Centre (discretionary).
  3. [THE HORIZONTAL EXPANSION]: Memorize the specific 'Constitutional Discretions': 1. Reserving Bills (Art 200), 2. Recommending President's Rule (Art 356), 3. Administering adjoining UT (Art 239(2)), 4. Determining royalty for Assam tribal areas (6th Schedule). Contrast these with 'Situational Discretions' (e.g., appointing CM in a hung assembly).
  4. [THE STRATEGIC METACOGNITION]: Whenever studying Constitutional bodies, apply the 'Democracy Test'. In a Parliamentary system, the unelected Head (Governor) generally cannot act alone on routine administration (like appointing ministers or making business rules). Discretion is the exception, not the norm.
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Governor's constitutional discretion
💡 The insight

The references explicitly list specific situations (including recommending President's Rule) as instances of the governor's constitutional discretion.

High-yield for questions on centre–state relations and constitutional offices; helps answer items on when governors may act independently versus on aid-and-advice. Master by memorising enumerated discretionary powers and mapping them to relevant Articles/case contexts.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > CONSTITUTIONAL POSITION OF GOVERNOR > p. 321
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 30: Governor > CONSTITUTIONAL POSITION OF GOVERNOR > p. 321
🔗 Anchor: "Is sending a report to the President recommending imposition of President's Rule..."
📌 Adjacent topic to master
S1
👉 Article 356 — governor's report and President's Rule
💡 The insight

Several sources describe the governor's power to report under Article 356 and that such a report invites the President to assume state functions (President's Rule).

Frequently tested topic: grounds, procedure, and effects of President's Rule. Understand the governor's initiating role, parliamentary ratification, and administrative consequences; prepare by linking Article 356 text to textbook explanations and landmark examples.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > THE STATE EXECUTIVE > p. 273
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Consequences of President's Rule > p. 179
  • Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 7: FEDERALISM > Role of Governors and President's Rule > p. 166
🔗 Anchor: "Is sending a report to the President recommending imposition of President's Rule..."
📌 Adjacent topic to master
S1
👉 Governor's role during President's Rule
💡 The insight

References note that during President's Rule the governor acts on behalf of the President and enjoys extensive executive powers as the President’s agent.

Useful to explain post-proclamation administration and practical implications of recommending President's Rule. Study this to handle questions on functioning of state executive under emergency and centre’s administrative control.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Consequences of President's Rule > p. 179
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > Executive Powers > p. 316
🔗 Anchor: "Is sending a report to the President recommending imposition of President's Rule..."
📌 Adjacent topic to master
S2
👉 Governor's appointment powers (formal vs. practical)
💡 The insight

References state the Governor 'appoints the chief minister and other ministers' and 'apart from the power to appoint his Council Ministers...' — showing the formal appointment power.

High-yield for UPSC as questions often probe the Governor's formal powers versus how they are exercised; links to the state executive and constitutional roles. Master by studying textual provisions and authoritative commentaries (to distinguish formal acts from politically guided actions).

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > Powers of the Governor. The Governor has no diplomatic or military powers like the President, but he possesses executive, legislative and judicial powers analogous to those of the President. > p. 272
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > Executive Powers > p. 316
🔗 Anchor: "Is appointing the State Ministers a discretionary power of the Governor of a Sta..."
📌 Adjacent topic to master
S2
👉 Aid and advice principle (Article 163) and its exception
💡 The insight

Evidence explains that the Governor must act with the aid and advice of the Council of Ministers except in matters where the Governor is to act in his/her discretion.

Crucial concept frequently tested: distinguishes nominal executive role from limited discretionary powers; connects to parliamentary form of government, Centre-State relations and judicial review. Prepare by memorising Article-related lines, key textbook explanations, and precedent summaries.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 32: State Council of Ministers > NATURE OF ADVICE BY MINISTERS > p. 330
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > CONSTITUTIONAL POSITION OF GOVERNOR > p. 321
🔗 Anchor: "Is appointing the State Ministers a discretionary power of the Governor of a Sta..."
📌 Adjacent topic to master
S2
👉 Limited/discrete discretionary functions of the Governor
💡 The insight

A reference lists constitutionally specified discretionary functions (examples from the 6th Schedule and Art. 239(2)), implying discretionary powers are narrow and specifically enumerated.

Important for UPSC to argue whether specific acts (like appointing ministers) are discretionary — knowing examples and limits helps answer judgment-type questions. Study by noting listed exceptions and contrasting them with general executive actions.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > THE STATE EXECUTIVE > p. 274
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 32: State Council of Ministers > NATURE OF ADVICE BY MINISTERS > p. 330
🔗 Anchor: "Is appointing the State Ministers a discretionary power of the Governor of a Sta..."
📌 Adjacent topic to master
S3
👉 Governor's power to reserve state bills for Presidential consideration
💡 The insight

Central to the statement: references state the governor may reserve certain state bills for the President and label reservation a discretionary power.

High-yield for polity questions about governor’s legislative functions and Centre–State relations; links to Articles 200–201 and to debates on federalism. Master by memorising the governor’s alternatives on presentation of a bill and revising landmark controversies on reservation.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > g) Assent to legislation and Veto. > p. 218
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > IDI I Veto Over State Bills > p. 141
🔗 Anchor: "Is reserving certain bills passed by the State Legislature for the consideration..."
🌑 The Hidden Trap

The 'Finality Clause' in Article 163(2): If a question arises whether a matter falls within the Governor's discretion, the Governor's decision is final, and the validity of anything done cannot be questioned on the ground that he ought or ought not to have acted in his discretion. This specific immunity is a potential future statement.

⚡ Elimination Cheat Code

Apply the 'Responsible Government' logic. If Statement 2 (Appointing Ministers) were a discretionary power, the Governor could pack the cabinet with his own favorites, bypassing the elected Chief Minister. This violates the basic structure of Parliamentary Democracy. Thus, 2 is false. Eliminating 2 removes options A, C, and D instantly. Answer is B.

🔗 Mains Connection

Mains GS-2 (Federalism): The misuse of these very discretionary powers (specifically Art 356 and Reserving Bills) is the core friction point in Centre-State relations. Link this to Sarkaria and Punchhi Commission recommendations (e.g., 'Governor should not be an active politician' or 'Time limit for reserving bills').

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SIMILAR QUESTIONS

IAS · 2025 · Q54 Relevance score: 2.84

Consider the following statements : I. The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion. II. The President of India can, of his/her own, reserve a bill passed by a State Legislature for his/her consideration without it being forwarded by the Governor of the State concerned. Which of the statements given above is/are correct?

CDS-I · 2023 · Q77 Relevance score: 2.58

Who among the following is given discretionary powers under the Fifth Schedule of the Constitution of India to set up a Tribes Advisory Council in a State which has Scheduled Tribes but not Scheduled Areas?

CAPF · 2020 · Q56 Relevance score: 2.46

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:

CDS-II · 2011 · Q81 Relevance score: 2.08

Consider the following statements about the powers of the President of India : 1. The President can direct that any matter on which decision has been taken by a Minister should be placed before the Council of Ministers. 2. The President can call all information relating to proposals for legislation. 3. The President has the right to address and send messages to either House of the Parliament. 4. All decisions of the Council of Ministers relating to the adminis- tration of the Union must be communicated to the President. Which of the statements given above are correct ?