Question

“The Governor of a state can at times act independently, without consulting the Chief Minister.” Justify this statement.

Answer 1

Instructions:

• Define and list down the discretionary powers of the Governor.

Solution:

• The Governor is the nominal head of the state executive.
• This means that all the decisions of a state are taken by the Chief Minister and council of ministers but in the name of the Governor.
• However, the Governor can act independently, without consulting the Chief Minister while using their discretionary powers.

Discretionary powers of the Governor:

• If no party wins a clear majority, the Governor can invite the leader of the party with the highest number of seats to form the government.
• They can dismiss the state’s council of ministers if the ruling government loses the majority in the legislative assembly.
• They can reserve a bill passed by the state legislature for the consideration of the President of India.
• In case of breakdown of constitutional machinery in a state, they can recommend the imposition of President’s rule in the state.