UPSC IAS - 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.
Year Asked: 2014
Correct Answer
B. 1 and 3 only
Detailed Explanation
The correct answer is B. Statements 1 and 3 are the Governor's discretionary powers, where he acts on his own judgement rather than on the advice of the Council of Ministers.
Statement 1 is correct. Under Article 356, if the Governor is satisfied that the State government cannot be carried on in accordance with the Constitution, he sends a report to the President, and President's rule may follow. The assessment is his own, though the S.R. Bommai judgment (1994) requires that it rest on objective material and be open to judicial review.
Statement 3 is correct. Under Article 200, the Governor may reserve a bill passed by the State Legislature for the President's consideration. This is a discretionary act.
Statement 2 is wrong. Under Article 164, the Chief Minister is appointed by the Governor, but other Ministers are appointed by the Governor on the Chief Minister's advice.
Statement 4 is wrong. Under Article 166(3), the Governor makes rules for the convenient transaction of government business. This is an ordinary executive function exercised on ministerial advice, not a discretionary power.
Core concept: the discretionary powers of the Governor and the scope of Article 163. Mains angle: the Governor's role in Centre-State relations and the debate over whether Governors act as agents of the Centre.
Trap: candidates assume any act done without a visible ministerial role is discretionary, so they wrongly pick statement 4 or statement 2.
This question appeared in UPSC Prelims 2014 GS Paper-1.
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