STRUCTURE

A brief introduction to as what is Discretion

Body – Explain the powers

ANSWER

Discretionary Power is defined as that authority of the executive, whether in matters of substance or of procedure or both, which it is free to exercise as it thinks fit.Legally, it is the power to exercise a discretion with which the courts cannot interfere.

The discretionary powers of the Governor in the state are far greater than those of the President in the centre

The governor has two categories of discretion:

• Constitutional Discretion (express discretion mentioned in the Constitution)
• Situational Discretion (hidden discretion derived from the exigencies of a prevailing political situation)

Constitutional Discretion

• Reservation of a bill for the President's consideration.
• Recommendation for implementing President's Rule in the state.
• While performing his duties as the administrator of a neighbouring union territory (in case of additional charge).
• Determining the amount payable to an autonomous Tribal District Council as royalty from mineral exploration licences by the governments of Assam, Meghalaya, Tripura, and Mizoram.
• Seeking information from the chief minister about state administrative and legislative matters.

Situational Discretion

• Appointment of a chief minister when no party has a clear majority in the state legislative assembly or when the current chief minister dies unexpectedly and there is no obvious successor.
• Dismissal of the council of ministers when it is unable to demonstrate the confidence of the state legislative assembly.
• Dismissal of state legislative assembly when the council of ministers lose their majority.
• Furthermore, the governor is charged with specific duties that must be carried out in accordance with the President's directives. In this regard, the governor, while required to consult the council of ministers led by the chief minister, acts at his discretion. These are:
  • Maharashtra – Formation of separate development boards for Vidarbha and Marathwada.
  • Gujarat – Formation of separate development boards for Saurashtra and Kutch.
  • Nagaland–In terms of law and order in the state, as long as the internal conflict in the Naga Hills-Tuensang Area persists.
  • Assam–With regards to tribal area administration.
  • Manipur–In relation to the administration of the state's hill areas.
  • Sikkim–For peace and the social and economic advancement of all sections of the population.
  • Arunachal Pradesh–In terms of the state law and order.
  • Karnataka - Creation of a separate development board for the Hyderabad-Karnataka region.