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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.
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] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > CONSTITUTIONAL POSITION OF GOVERNOR > p. 321
- [2] https://knowindia.india.gov.in/profile/the-states.php
- [3] https://governor.telangana.gov.in/roleofgovernor.do
PROVENANCE & STUDY PATTERN
Guest previewThis 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.
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?
- Statement 2: Is appointing the State Ministers a discretionary power of the Governor of a State in India?
- 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?
- Statement 4: Is making rules to conduct the business of the State Government a discretionary power of the Governor of a State in India?
- 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.
- 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.
- 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.
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This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
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This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
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