Executive

Question

Explain the situation in which the Governor can use his discretionary powers.

Answer

The Governor can use his discretionary powers in the following situations:

1. In case no party gets absolute majority in the Legislative Assembly: When no party gets absolute majority in the State Legislative Assembly or the majority party fails to elect the leader, the Governor can appoint the Chief Minister of his own choice.

2. Governor's discretion to reserve the bills in safe custody for the approval of the President: If the Governor feels that some bills passed by the State Legislature is contradictory to the Central Government or any law made by the Central Government then it is his discretion to reserve that bill for the approval of the President.

3. In case the constitutional machinery fails in the State or there is a possibility of it: If the constitutional machinery fails in the state, the Governor sends his report independently to the President. He does not consult the Council of Ministers under such circumstances.

4. When the President proclaims emergency in the State: When the President proclaims emergency in the State, the Governor acts in the capacity of the agent of the President and he is not bound to act on the advice of the Council of Ministers.

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