UPSC Prelims 2014 · Question 100 of 100

UPSC Prelims 2014 question on Governor Discretionary Powers

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.

  1. 1 and 2 only
  2. 1 and 3 only
  3. 2, 3 and 4 only
  4. 1, 2, 3 and 4
Show answer

Answer: B. 1 and 3 only

Verdict

The answer is 1 and 3 only. Recommending President's rule and reserving bills for the President are discretionary, but appointing Ministers and making rules of business are not.

Analysis

Statement 1 is CORRECT. The Governor may send a report to the President recommending action under Article 356, and this is exercised on the Governor's own judgement. Statement 3 is CORRECT. Reserving a bill passed by the State Legislature for the consideration of the President under Article 200 is a recognised discretionary power. Statement 2 is INCORRECT. Under Article 164 Ministers are appointed by the Governor on the advice of the Chief Minister. Statement 4 is INCORRECT. Article 166(3) requires the Governor to make rules for transaction of business and allocation among Ministers, expressly excluding matters in which the Governor acts in discretion, so rule making is not itself discretionary.

Source

M. Laxmikanth, Indian Polity, on Articles 163, 164, 166 and 200.

How to crack it

Distinguish constitutional discretion from situational discretion, and remember that most gubernatorial functions are performed on ministerial advice. The reliable test is whether the Constitution names the Governor acting alone or names advice. Article 164 says on the advice of the Chief Minister and Article 166(3) carves discretion out expressly, so both fall. Reading the actual article text once for Articles 163, 164, 166 and 200 makes this whole family mechanical.

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