Discretionary Power of Governor

By : Neha Dhyani

Updated : Apr 6, 2022, 5:11

The Discretionary Power of Governor comes under the authority of any executive. A governor is free to exercise the Discretionary Power of Governor whenever they seem fit. As per Indian law, a governor can exercise discretion without the interference of the court. Any discretionary power can be offered in two major ways.

The first way is by offering discretionary power to a person. It can also be offered to a body of persons in India. The second way of offering discretionary power in India is based upon convention. Be it anyway the discretionary power has been conferred; it is prone to outside intervention.

In India, the governors are granted several Discretionary Power of Governor. In India, governors are the executive heads of the state. Situations may arise when the CM of any state cannot make a decision or is unavailable. In such a situation, governors are important as they are the executive heads of the state. Let us know about the Discretionary Power of Governor of Indian governors.

Categories of Discretionary Power of Governor

Consider a scenario where it isn't clear whether a state matter comes under the governor's discretion or not. As per the Indian constitution, the governor will decide whether a matter comes under him or not when nothing is clear. Whatever the governor does, his actions cannot be questioned as per the Indian constitution. Based on the political situation in the state, a governor can decide whether an unclear matter comes under his discretion or not.

The discretionary power of Governors in India falls under two main categories. The categories of Discretionary Power of Governor of Indian governors are as follows:

  • Constitutional discretion is mentioned in the constitution of India.
  • Situational discretion depends on the socio-political situation of a state.
Important UPSC Topics
UPSC ExamUPSC Exam Date
UPSC NotificationUPSC Eligibility
UPSC Online ApplicationUPSC Exam Pattern
UPSC SyllabusUPSC Previous Year Question Papers
UPSC Cut OffUPSC Preparation Strategy
UPSC BooksUPSC Exam Analysis
UPSC Admit CardUPSC Results

Know the Discretionary Power of Governor

Constitutional Discretion

Situational Discretion

A governor can reserve a bill for the consideration of the president.

The governor plays a role in deciding the CM of the state when no party has won the majority votes. The same goes when a state CM dies unexpectedly with no successor.

Governor can recommend the decision of the president's rule in any state.

When council ministers fail to show the confidence of the legislative assembly, a governor can dismiss them.

For mineral exploration, the governments of Assam, Meghalaya, Tripura, and Mizoram have to pay a royalty to the Tribal District Council. The governor is responsible for determining the amount of royalty to be paid.

In accordance with the president's directives, governors across India have to perform several duties.

A governor can ask the CM of the state for information regarding administrative/legislative matters.

A governor has to consult the CM and his council of ministers before acting on the president's directives.

In case a governor gets an additional charge for a neighbouring UT, he can exercise the Discretionary Power of Governor.

President's directives for governors in many states like Gujrat, Maharashtra, Assam, Manipur, and others.

Questions regarding the Discretionary Power of Governor are asked in several competitive exams. Know more about the Discretionary Power of Governor of Indian governors.

More Current Affairs Topics
Economic Growth and DevelopmentPro Kabaddi Schedule
Difference Between Delhi and New DelhiNational Startup Awards
Difference Between Democracy and MonarchyDefence Industrial Corridors
Defence of India Act 1915Defence Procurement Procedure [DPP]
Defence Reforms in IndiaDecline of Parliament in India

FAQs on Discretionary Power of Governor

Q.1. With regards to the Discretionary Power of Governor, what do you mean by constitutional discretion?

Discretionary Power of Governor refers to the duties of a governor clearly stated in the constitution of India.

Q.2. Keeping in mind the Discretionary Power of Governor, why do governors reserve any bill passed by the legislative assembly of the state?

A Discretionary Power of Governor can hold a bill passed in the state legislative assembly for the consideration of the president.

Q.3. What is the term period of a Discretionary Power of Governor?

The tenure of a state governor in India is of five years. The Discretionary Power of Governor ceases to exist for that candidate after this period.

Q.4. In the context of the Discretionary Power of Governor, can a governor decide the next CM if the current one resigns?

The Discretionary Power of Governor plays a role in deciding the next CM if there is no successor.