DMPQ- What are the discretionary powers of a governor of state?

The Governor of state has more discretionary powers than the President of India. He is not bound to act on the advise of the council of Ministers in certain circumstances, even he need not seek its advise.

The constitution does not specify these matters but the matters in which he can act without the advise of the council of ministers are as follows:

  • Appointment of the Chief Minister: Generally, the leader of the party with majority is a appointed as the Chief Minister. But in situation where no party gets absolute majority, the Governor exercises his discretionary powers in appointing the Chief Minister.
  • Dismissal of a Ministry: A minister holds offices during the pleasure of the Governor. When the ministry losses support of the house, the governor will dismiss the ministry. But he cannot dismiss it unitl it losses majority support.
  • Advising the President for proclamation of Emergency: The Governor advises the President to proclaim emergency when he is satisfied that the Government cannot carried on in accordance with the provisions of the constitution, under Article 356.
  • Reservation of a bill for the consideration of the President: However, situation are mentioned in Article 200, when he will reserve the bill, yet he can use, discretion regarding this matter.
  • Dissolution of Legislative Assembly: The Governor summons, prorogues and dissolves the Legislative Assembly, according to article 174. When the ministry loses the majority and the Governor is satisfied he may dissolve the House.

 

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