- Statement 1 is correct: While generally bound by the advice of the Council of Ministers, the Governor may use discretion in situations where the advice is not available or when they need to assess the political situation, such as selecting a Chief Minister when no single party has a clear majority, or dismissing a ministry that has lost confidence of the house. These actions can be described as the Governor acting when not convinced by the viability or constitutionality of the existing arrangement or advice. - Statement 2 is correct: Article 163(1) explicitly states that the Governor acts on the aid and advice of the Council of Ministers "except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion". There are several such specific requirements under the Constitution (e.g., reserving a bill for the President's consideration under Article 200, recommending President's Rule under Article 356 in case of breakdown of constitutional machinery). - Statement 3 is correct: As per Article 239(2), when a Governor of a state is appointed as the administrator of an adjoining Union Territory, he exercises his functions as administrator independently of his Council of Ministers, i.e., in his discretion or on the advice of an Administrator's Council if one exists.
The Governor of a state may exercise discretionary powers when 1. he or she is not convinced by the advice of the Council of Ministers 2. the Constitution requires him/her to act in his/her discretion in certain matters 3. he or she is appointed as the administrator of an adjoining Union Territory Select the correct answer using the code given below :
Asked in UPSC CAPF 2020 · Topic: The Governor (Discretionary Powers of the Governor)
More Indian Polity and Governance questions
- Which of the following are the discretionary powers given to the Governor of a State? Sending a report to the President of India 1. for imposing President's rule Appointing the Ministers 2. Reserving certain bills passed by the State 3. Legislature for consideration of the President of India Making the rules to conduct the business 4. of the State Government Select the correct answer using the code given below.
- Consider the following statements regarding the disqualification of Member of the State Assembly of Rajasthan under Article 191(1) of the Constitution – (i) On such questions the Governor is final. (ii) Before deciding any such question, the Governor shall take the opinion of the Election Commission and shall act according to such opinion. - (5) Question not attempted
- Which of the following are true regarding the Governor's discretionary powers? (i) Sending a Bill for Presidential consideration under Article 200 (ii) Reserving a State Bill that may conflict with Union Laws (iii) Dismiss an MLA for violating the anti-defection law (iv) Appointing a Chief Minister when no party has a majority Choose the correct option from the codes given below.
- The President may appoint a Governor of a State as the administrator of an adjoining Union Territory. Such Governor in the administration of Union Territory shall exercise his functions
- The President may appoint a Governor of a State as the administrator of an adjoining Union Territory. Such Governor in the administration of Union Territory shall exercise his functions (1) On the aid and advice of his Council of Ministers. (2) As such administrator independently of his Council of Ministers. (3) Governor can form his choice of Council of Ministers for aid and advice. (4) A Governor of a State cannot be appointed as an Administrator of a Union Territory.
- Which of the following statements relating to the duties of the Governor is/are correct? 1. The duties of the Governor as a constitutional Head of the State do not become the subject matter of questions or debate in the Parliament. 2. Where the Governor takes a decision independently of his Council of Ministers or where he acts as the Chief Executive of the State under President's rule, his actions are subject to scrutiny by the Parliament. Select the correct answer using the code given below.
- The Governor of a State is accountable for all his actions to
- The Governor is fully accountable