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