Question

Who is decided whether any matter is a matter the governor has to act in his discretion?

Answer 1

Everything in the Constitution of India aims at providing good governance and protect the Liberty of its citizens and provide Justice to them. The legal language is quite complex and can be interpreted in multiple ways. The framers of the Constitution knew this and hence gave the power to interpret the Constitution to the Supreme Court of India. The Governor’s discretion is highly useful power when used correctly. But there is a chance of abuse. There are many powers provided by the Constitution which can be harmful if used without any accountability. During the early years of Independence, the SC took a cautious outlook and did not overstep its bounds even though the Powers were misused by the Govt. Slowly the SC started evolving and started applying the principles of natural justice to decide on cases and while interpreting the Constitution. There have been many cases, but the most important case would be that of Kesavanada Bharati. There are many questions regarding this case in Quora and I suggest you read up on this case. One of the main points in this judgment was the evolution of the doctrine of Basic Structure of the Constitution.

Basic Structure of the Constitution was defined by SC as those features of the Constitution which if altered would change the meaning of the Constitution itself. For example, the Govt has the power to amend the Constitution including the Fundamental Rights as a result Right to Property was removed from FRs. This did not alter the promise of providing individual liberty since right to property does not have to be a fundamental right as long as it is a legal right. However, if any amendment were to remove article 21 then it would change the basic structure of the Constitution because Right to life and liberty is something without which there is no point of a democracy. There is big list of these features that the SC periodically updates among them is the right of SC to perform Judicial Review which is the power to check if the laws and acts of Parliament and legislatures are conforming to the Constitution. So, even if the Constitution says that the discretion is not subject to question, the SC can still overthrow the decision if there was a malafide intention. This was decided in the landmark case of S.R. Bommai vs Union of India whose details you can read by clicking on the link.

From the above two cases and many others the SC has established a clear set of rules under which even the discretionary powers of President and Governors can be subjected to its scrutiny to avoid its misuse.