Indian Polity : Governor

Q 4 / 5

UPSC CSE Prelims 2014

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

Correct Option (b)

Statement 1: Article 356 of the Constitution provides for the imposition of President's Rule in a state in case of a failure of constitutional machinery. The Governor is empowered to send a report to the President recommending such action. This power to assess the constitutional breakdown and report to the President is a discretionary power of the Governor.

Statement 3: Article 200 of the Constitution allows the Governor to reserve certain bills passed by the State Legislature for the consideration of the President. This includes bills that may derogate from the powers of the High Court, are ultra vires the Constitution, or are against national interest. The decision to reserve a bill for the President's consideration is a significant discretionary power of the Governor.

Incorrect Options

Statement 2: The Governor appoints the Chief Minister and other Ministers of the State. However, this appointment is not a discretionary power. The Governor appoints the leader of the majority party in the State Legislative Assembly as the Chief Minister, and other ministers are appointed by the Governor on the advice of the Chief Minister (Article 164).

Statement 4: Article 166(3) of the Constitution states that the Governor shall make rules for the more convenient transaction of the business of the Government of the State. However, these rules are made by the Governor on the advice of the Council of Ministers, not in their independent discretion.

Based on the analysis, only statements 1 and 3 represent discretionary powers of the Governor. Therefore, options (a), (c), and (d) are incorrect as they include statements 2 and/or 4, which are not discretionary powers.

SOURCEIndian Polity by M. Laxmikanth, Chapter 31: Governor