Constitutional Discretion Of Governor

Constitutional Discretion Of Governor

The Constitution makes it clear that if any question arises whether a matter falls within the governor’s discretion or not, the decision of the governor is final and the validity of any-thing done by him cannot be called in question on the ground that he ought or ought not to have acted in his discretion. The governor has constitutional discretion in the following cases:
1. Reservation of a bill for the consideration of the president.
2. Recommendation for the imposition of the President’s Rule in the state.
3. While exercising his functions as the administrator of an adjoining union territory (in case of additional charge).
a) Determining the amount payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration.
b) Seeking information from the chief minister with regard to the administrative and legislative matters of the state.
c) Appointment of chief minister when no party has a clear-cut majority in the state legislative assembly or when the chief minister in office dies suddenly and there is no obvious successor.
d) Dismissal of the council of ministers when it cannot prove the confidence of the state legislative assembly.
e) Dissolution of the state legislative assembly if the council of ministers has lost its majority.
Expressly conferred by the Constitution They are referred in the various articles as special responsibility.
(1) Art. 371(2)—special responsibility of the Governor of Maharashtra and Gujarat (If so directed by the President) for the establishment of development boards for Vidarbha, Marathwada, Saurashtra and Kutch etc.
(2) Art. 371A—Special responsibility of the Governor of Nagaland (a) with respect to law and order so long as internal disturbances occur in some areas of that state. (b) to establish a regional council for Tuensang district. (c) to arrange for equitable allocation of money between Tuensang district and the rest of Nagaland.
(3) Art. 371C(1)—Special responsibility of the Governor of Manipur to secure the proper functioning of a committee of the members of the Legislative Assembly consisting of the members representing the hill area.
(4) Art. 371F(g)—Special responsibility of the Governor of Sikkim for the peace and for an equitable arrangement for ensuring the advancement of different sections of the population of Sikkim.
(5) Art. 371H(a)—Special responsibility of the Governor of Arunachal Pradesh with respect to law and order

Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense against any law relating to a matter to which the executive power of the State extends.

The extent of executive power of State

Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has the power to make laws: Provided that in any matter with respect to which the Legislature of a State and Parliament have the power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof.



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