Question

In India, Governor’s discretionary powers are wider than those of the President. Elaborate.​

Answer 1

In Indian Parliamentary system, both the President and Governor are the nominal head of the governments at the Union and State level. They exercise power on the aid and advice of the council of ministers headed by the Prime Minister/Chief Minister. However, under certain circumstances both of them can exercise their discretion while performing official duties :-

• When no political party or coalition of parties enjoys majority in the Lok Sabha/State Assembly, then the onus is on the President/Governor to use his discretion to assess the situation, hold consultations and finally invite a leader of party/coalition who will be capable to form a stable government.

• Similarly, when the incumbent Prime Minister/Chief Minister dies in the office, both the President/Governor has power to use discretion in the selection and appointment of the Chief Minister. E.g. President Giani Zail Singh appointed Rajiv Gandhi as the PM, after the assassination of Indira Gandhi.

• When the Council of Ministers lose the majority in the legislature, it is for the President/Governor to decide whether to dissolve the Lok Sabha/State Assembly or not.

• Also, the Constitution of India has empowered the President/Governor to seek information from the PM/CM regarding the administration of the affairs of the union/state.

Apart from this, the Constitution of India has made explicit provisions providing for discretionary power to the office of Governor (that are not available to the President), such as :-

• The Governor can decide on his own without the advice of the council of minister whether to reserve the bill for the consideration of the President or not.

• Likewise, he can act on his own when he has to recommend for the President’s rule in the state.

• Also, when he is given an additional charge as the administrator of the Union Territory, he can take actions with respect to union territory at his own discretion.

• The Governor of Assam, Meghalaya, Tripura, and Mizoram has power to determine the amount payable by the respective governments to autonomous Tribal District Councils in the states as royalty accruing from licenses for mineral exploration.

• Thus, the Governor wields more discretionary power than the President, primarily because of his dual role as the Head of a State and representative of Union in the State. This can also be related to a correlative duty of protecting the Constitution as a representative of the Union. However, the exercise of the discretionary power should be in line with the values and principles of the Constitution.

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Answer 2

Explanation:

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