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:
Contents14
- A1 and 2 only
- B1 and 3 only
- C2, 3 and 4 only
- D1, 2, 3 and 4
Show answer
Answer: (B) 1 and 3 only
The Governor's discretionary powers are limited but important:
(1) Sending a report to the President for President's Rule (Article 356) — CORRECT: This is a key discretionary power. The Governor can recommend President's Rule if they believe the state government cannot function per the Constitution. No ministerial advice is needed for this.
(2) Appointing Ministers — WRONG: The Governor appoints the CM, and then other Ministers are appointed ON THE ADVICE of the CM (Article 164). This is NOT discretionary — the Governor is bound by the CM's recommendations. Exception: The choice of CM itself can involve discretion when no party has a clear majority.
(3) Reserving bills for President's consideration (Article 200) — CORRECT: The Governor can use personal judgment to reserve certain State bills for the President. This is explicitly a discretionary power — no ministerial advice is required.
(4) Making rules for State Government business — WRONG: Article 166 (3) says the Governor makes Rules of Business, but this is done on the advice of the CM, not at the Governor's personal discretion.
So only Statements 1 and 3 are true discretionary powers.
(Ref: Laxmikanth)
Governors have only two true discretionary powers where they can act without ministerial advice: recommending President's Rule and reserving bills for the President.
The distinction between discretionary and non-discretionary powers determines whether the Governor acts as a constitutional head or exercises personal judgment.
UPSC tests whether students can distinguish between powers that appear discretionary but are actually exercised on ministerial advice versus genuine discretionary powers.
Governor's Discretionary Powers
Indian Polity discretionary powers Governor
Governor's Discretionary Powers: Complete List & UPSC Traps
Governor has only 5-6 discretionary powers where no ministerial advice is needed
Article 356 report to President and Article 200 bill reservation are key discretionary powers
Most Governor functions are on aid and advice of Council of Ministers
CM appointment involves discretion only when no clear majority exists
What Makes a Power Discretionary
A discretionary power means the Governor can act without ministerial advice using personal judgment. Most Governor functions are ceremonial - bound by the Council of Ministers' advice under Article 163. Only specific constitutional provisions grant true discretionary authority.
Complete List of Discretionary Powers
Discretionary Power | Constitutional Basis | When Exercised | Key Point |
|---|---|---|---|
Sending report for President's Rule | Article 356 | When state govt cannot function per Constitution | No ministerial advice needed |
Reserving bills for President | Article 200 | Bills affecting national interest/Constitution | Governor's personal judgment |
Appointing Chief Minister | Article 164(1) | Only when no clear majority exists | Must invite largest party/coalition first |
Dismissing Ministers | Article 164(1) | If CM loses confidence but refuses to resign | Rare, used in hung assemblies |
Dissolving State Assembly | Article 174 | When no stable govt possible | After exploring all alternatives |
Time given to prove majority | Constitutional convention | Floor test situations | Reasonable time, usually 1-2 weeks |
Question Analysis
This PYQ tested the trap between discretionary vs. non-discretionary powers. Statement 2 (appointing Ministers) and Statement 4 (making business rules) are NOT discretionary - both require ministerial advice under normal circumstances.
Trap: Appointing Ministers seems discretionary but Governor is bound by CM's advice (except CM appointment itself in hung assembly)
Trap: Making Rules of Business (Article 166) is done on CM's advice, not Governor's discretion
Trap: Don't confuse 'Governor appoints' with 'discretionary appointment' - most appointments are ceremonial
Trap: Discretionary powers are exceptions, not the rule - Governor normally acts on ministerial advice
President's Rule Under Article 356
Indian Polity President's rule Article 356
President's Rule (Article 356): Process, Grounds & Safeguards
President's Rule suspends state government and imposes central administration
Governor's report is the usual trigger but President can act without it
Parliament approval needed within 2 months, can extend up to 3 years maximum
44th Amendment added judicial review safeguards after Emergency misuse
President's Rule Process
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Constitutional Breakdown**
State government cannot function according to Constitution`"]
s2["`**Governor's Report**
Governor sends report to President (discretionary power)`"]
s3["`**President's Proclamation**
President issues proclamation under Article 356`"]
s4["`**Parliamentary Approval**
Both Houses must approve within 2 months`"]
s5["`**Central Administration**
Governor administers state on President's behalf`"]
s1 --> s2
s2 --> s3
s3 --> s4
s4 --> s5Grounds & Duration
Aspect | Details | Constitutional Provision |
|---|---|---|
Grounds | Government cannot function per Constitution | Article 356(1) |
Initial Duration | 6 months maximum | Article 356(4) |
Extension | 6 months at a time with Parliament approval | Article 356(4) |
Maximum Duration | 3 years total (after 44th Amendment) | Article 356(4) |
Parliamentary Approval | Both Houses within 2 months | Article 356(3) |
State Assembly | Can be suspended or dissolved | Article 356(1)(b) |
Trap: President can impose rule without Governor's report - the report is not mandatory
Trap: 3 years maximum duration (not unlimited) - 44th Amendment added this limit
Trap: Parliament approval needed within 2 months, not immediately
Trap: Don't confuse with National Emergency (Article 352) which affects Centre-State relations differently
Governor's Legislative Powers
Indian Polity Reserving certain bills State Legislature
Governor's Role in State Legislative Process
Governor has 4 options when state legislature passes a bill
Reserving bills for President is a key discretionary power under Article 200
Money bills and Appropriation bills cannot be reserved
Governor must reserve bills affecting High Court jurisdiction
Governor's Options Under Article 200
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Give Assent**
Bill becomes law immediately`"]
s2["`**Withhold Assent**
Bill dies (pocket veto)`"]
s3["`**Return for Reconsideration**
With/without amendments (not for Money Bills)`"]
s4["`**Reserve for President**
President decides - discretionary power`"]
s1 --> s2
s2 --> s3
s3 --> s4Bills That Must Be Reserved
Type of Bill | Reason for Mandatory Reservation | Constitutional Basis |
|---|---|---|
Bills affecting High Court powers | Judicial independence | Article 200 |
Bills affecting University Acts | Educational standards (some states) | Governor's Instructions |
Bills imposing restrictions on trade | Inter-state commerce concerns | Article 304 |
Bills affecting concurrent list subjects | Centre-state coordination | Constitutional convention |
Key Constitutional Points
Article 200 grants discretionary power to reserve bills for President's consideration
President can give assent, withhold assent, or return bill to Governor for reconsideration
No time limit specified for Governor's decision on bills (unlike President's 6 months)
If legislature re-passes returned bill, Governor must give assent (similar to President)
Ordinance-making power exists when state legislature not in session (Article 213)
Trap: Reserving bills is discretionary, not mandatory (except specific categories)
Trap: Governor cannot return Money Bills - only assent, withhold, or reserve
Trap: Don't confuse state bill reservation with prior sanction requirements for certain bills
Trap: President's decision on reserved bills is final - no return to state legislature
Governor's Appointment Powers
Indian Polity Appointing the Ministers
Governor's Role in Ministry Formation & Appointments
Governor appoints CM first, then other Ministers on CM's advice
CM appointment is discretionary only in hung assemblies with no clear majority
Ministers hold office during Governor's pleasure but dismissal follows CM's advice
Article 164 governs ministry size, qualifications, and oath procedures
Ministry Formation Process
Step | Governor's Role | Discretion Level | Constitutional Basis |
|---|---|---|---|
CM Appointment | Invites leader to form govt | High (if hung assembly) | Article 164(1) |
Other Ministers | Appoints on CM's recommendation | None (bound by advice) | Article 164(1) |
Ministry Size | Ensures 15% limit compliance | None (constitutional limit) | 91st Amendment |
Oath Administration | Administers oath of office | None (ceremonial) | Article 164(3) |
Dismissal | Dismisses on CM's advice | Limited (confidence issues) | Article 164(1) |
Constitutional Constraints
91st Amendment (2003) limits Council of Ministers to 15% of assembly strength
Ministers must be assembly/council members or get elected within 6 months
Collective responsibility to state legislature under Article 164(2)
Governor can dismiss individual Minister only if CM loses confidence but refuses to resign
Caretaker status when government loses majority - no major policy decisions
Trap: Minister appointment is NOT discretionary - Governor bound by CM's advice in normal times
Trap: Don't confuse CM appointment discretion (hung assembly) with Minister appointment (always on advice)
Trap: 'Governor appoints' doesn't mean 'discretionary appointment' - most are ceremonial
Trap: Governor cannot refuse CM's recommendation for Minister appointment without constitutional grounds