UPSC 2014PolityModerate

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.

A
1 and 2 only
B
1 and 3 only
Correct Answer
C
2, 3 and 4 only
D
1, 2, 3 and 4

Explanation

Option (b) is correct because recommending President’s Rule (Article 356) and reserving bills for the President’s consideration (Article 200) are constitutional discretionary powers where the Governor acts independently of the Council of Ministers. Statements 2 and 4 are incorrect because the appointment of ministers and the framing of rules for government business are executive functions performed strictly on the "aid and advice" of the Council of Ministers. The core concept tested is the distinction between the Governor’s specific discretionary powers and their general role as a nominal executive bound by ministerial advice under Article 163.

State ExecutiveGovernor's Discretionary PowersGovernorDiscretionary PowersPresident's RuleArticle 356Appointing MinistersReserving BillsState LegislatureArticle 200

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