Question 58 from UPSC CSE 2014 - Polity

Question

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:

Accepted Answer

Correct Option: B. 1 and 3 only

Strategy: Identify the Governor's discretionary powers by distinguishing them from duties performed on the aid and advice of the Council of Ministers. Key discretionary actions include sending a report under Article 356 and reserving bills for the President. Non-discretionary functions, such as appointing ministers and making business rules, are performed on advice or as a formal duty. The correct options are those that describe discretionary powers.

Key Info: The scope of the Governor's discretionary powers is generally narrow, exercised only in specific situations defined by the Constitution or when directed by the President.

- **Article 356:** Empowers the Governor to send a report to the President recommending President's Rule, a key discretionary function.
- **Article 200:** Allows the Governor to reserve certain bills passed by the State Legislature for the President's consideration, another discretionary power.
- **Article 164:** Governs the appointment of ministers, specifying they are appointed on the advice of the Chief Minister, not at the Governor's independent discretion.
- **Article 166(3):** Covers the making of rules for the transaction of business, which is a formal duty and not a discretionary action.

Major Supreme Court cases, such as Shamsher Singh v. State of Punjab (1974), have clarified that except where the Constitution explicitly provides, Governors must act on the advice of the Council of Ministers.

Answer

Option A: 1 and 2 only

Answer

Option C: 2, 3, and 4 only

Answer

Option D: 1, 2, 3, and 4