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In which of the following instance(s) Indian Constitution gives discretionary power to Governor
1) Seeking information from the chief minister with regard to the administrative and legislative matters of the state.
2) Recommendation of the imposition of the President’s Rule in the state
3) Reservation of a bill for the consideration of the President
Select the answer using codes given below
1 and 2 only
2 and 3 only
1,2 and 3
1 only
• The Constitution makes it clear that if any question arises whether a matter falls within the governor’s discretion or not, the decision of the governor is final and the validity of anything done by him cannot be called in question on the ground that he ought or ought not to have acted in his discretion. The governor has constitutional discretion in the following cases: 1. Reservation of a bill for the consideration of the President. 2. Recommendation for the imposition of the President’s Rule in the state. 3. While exercising his functions as the administrator of an adjoining union territory (in case of additional charge). Governor also has situational discretion like 1. Appointment of the chief minister when no party has a clear-cut majority in the state legislative assembly or when the chief minister in office dies suddenly and there is no obvious successor. 2. Dismissal of the council of ministers when it cannot prove the confidence of the state legislative assembly. 3. Dissolution of the state legislative assembly if the council of ministers has lost its majority.
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