Important Discretionary Powers of a Governor are described below:
Article 163(l)-(Comparable to 74) ‘there shall be a Council of Ministers headed by CM to aid and advice the Governor who shall act in accordance with such advice except in cases where the constitution requires the governor to act in his discretion.’
ADVERTISEMENTS:
Article 162(2) ‘if any dispute arises whether the power of Governor is his discretionary power or not, his decision shall be final and binding.’ This means that whether the power of a governor is his discretionary power or not is itself a discretionary power.
1. In Appointing a Chief Minister:
If there is no clear cut majority of a party or an alliance of parties in the Legislative Assembly and there are two claimants for the post of CM, the Governor can appoint the person to be CM whom he thinks fit to provide a stable Government.
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2. Dissolving the Legislative Assembly:
Similarly, if the party in power has lost majority in the Legislative Assembly and the
CM advises the Governor to dissolve the Assembly; the Governor can find alternatives to form the Government without going for dissolution.
3. As an Administrator:
ADVERTISEMENTS:
By a convention as established in England, Governor sends a fortnightly report to the President about affairs of the State administration, Public law and order.
4. Reserve Bill for Consideration of the President:
Under Article 200-Governor’ enjoys the right to reserve a bill for the consideration of President. Even a money Bill can be reserved.
In the case of a money Bill, the President may either declare his assent or withhold his assent. In case of a Bill other than a Money Bill, the President may direct the Governor to return the Bill for reconsideration.
The Legislature must reconsider the Bill within 6 months. But it shall not be obligatory upon the President to give his assent in this case too.
ADVERTISEMENTS:
Under Article 371:
Special responsibility is conferred on Governor of some states.
In Maharashtra, Gujarat, Nagaland, Mizoram, Orissa, MP and Bihar Governors have special responsibility.