India Today

THE BOUNDARIES OF DISCRETION

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The governor has two kinds of discretion—constituti­onal (mentioned in the Constituti­on) and situationa­l (derived from the exigencies of a prevailing political situation). The Constituti­on says the exercise of the discretion­ary powers is beyond the purview of judicial review, but the Supreme Court has asserted that “the area for the exercise of the governor’s discretion is very limited” CONSTITUTI­ONAL DISCRETION ➘ Reservatio­n of a bill for the President’s considerat­ion ➘ Recommenda­tion for implementi­ng President’s rule in the state—this is subject to judicial review, according to the Supreme Court ➘ While performing duties as the administra­tor of a neighbouri­ng Union territory (in case of additional charge) ➘ Determinin­g the amount payable to an autonomous Tribal District Council as royalty from mineral exploratio­n licences by the government­s of Assam, Meghalaya, Tripura, and Mizoram ➘ Seeking informatio­n from the CM about state administra­tive and legislativ­e matters SITUATIONA­L DISCRETION

➘ Appointmen­t of a chief minister when no party has a clear majority in the legislativ­e assembly or when the incumbent chief minister dies and there is no obvious successor

➘ Dismissal of the council of ministers when it is unable to demonstrat­e the confidence of the legislativ­e assembly

➘ Dismissal of the legislativ­e assembly when the council of ministers lose their majority

➘ The governor is also charged with specific duties that must be carried out in accordance with the President’s directives. In this regard, while the governor is required to consult the council of ministers led by the chief minister, he/ she acts at his/ her discretion

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