The Governor normally acts on the aid and advice of the Council of Ministers headed by the Chief Minister.
However, the Constitution recognises certain situations in which the Governor may exercise:
Discretionary Powers
These powers are limited and must be exercised within the constitutional framework.
The Governor's discretion is particularly important in situations involving:
The main constitutional provision is:
Article 163
Article 163 provides for a Council of Ministers to aid and advise the Governor, except where the Constitution requires the Governor to exercise functions in discretion.
Therefore:
Normal Rule → Aid and Advice
Exception → Constitutional Discretion
Discretionary power means the Governor may act without being bound by the advice of the Council of Ministers in constitutionally recognised situations.
However, discretion does not mean:
Personal or unlimited authority
The Governor remains subject to:
One of the most important areas of discretion arises when:
No political party or alliance has a clear majority
This is known as a:
Hung Assembly
The Governor may exercise discretion in inviting a person to form the government.
The objective should be to identify the person most likely to:
Command the confidence of the Legislative Assembly
In a hung Assembly, constitutional conventions generally favour inviting:
The ultimate consideration should be:
Ability to prove majority on the floor of the House
If there is doubt about whether the Council of Ministers enjoys majority support, the Governor may call for a:
Floor Test
The Legislative Assembly is the appropriate forum to determine whether the government has majority support.
The Governor should not substitute personal assessment for a floor test.
If the Council of Ministers clearly loses the confidence of the Legislative Assembly and refuses to resign, the Governor may take constitutionally appropriate action.
The Governor may require the Chief Minister to:
Prove majority on the floor of the House
If the government fails the floor test, the constitutional position may require the ministry to resign.
The Governor normally dissolves the Legislative Assembly on the advice of the Council of Ministers.
However, exceptional circumstances may create a discretionary constitutional situation.
For example:
The Governor must consider whether an alternative government can command the confidence of the House before accepting a request for dissolution in certain circumstances.
Under:
Article 200
the Governor may reserve certain Bills for the consideration of the:
President
In specified constitutional situations, reservation may be mandatory.
The Governor may also have discretion to reserve a Bill in constitutionally permitted circumstances.
The Governor must reserve a Bill for the President if the Bill would:
So derogate from the powers of the High Court as to endanger the position which the High Court is designed to fill under the Constitution.
This is a constitutionally significant mandatory reservation.
The Governor may send a report to the:
President
if the Governor believes that the government of the State cannot be carried on in accordance with the Constitution.
This can contribute to consideration of:
President's Rule under Article 356
The Governor's report is not automatically conclusive.
In certain States, the Constitution assigns the Governor specific responsibilities involving discretion.
Examples include provisions relating to:
These powers depend on the specific constitutional provision applicable to the State.
The Fifth Schedule gives the Governor special responsibilities relating to:
Scheduled Areas and Scheduled Tribes
The Governor may have powers concerning:
These powers operate within the framework of the Fifth Schedule.
The Sixth Schedule provides special arrangements for certain tribal areas in:
The Governor has specific constitutional responsibilities in relation to these arrangements.
The exact nature of the Governor's discretion depends on the relevant constitutional provision.
The Constitution contains special provisions assigning particular responsibilities to Governors in certain States.
Examples may arise under:
These provisions should be studied separately because the nature and extent of discretion differ.
In certain States, the Constitution assigns the Governor specific responsibilities.
For example, Article 371 provides special responsibilities concerning:
Maharashtra and Gujarat
The Governor has responsibility for certain regional development matters as specified by the President.
The Governor of Nagaland has a special responsibility regarding:
Law and order
in the State, subject to the constitutional provisions of Article 371A.
The Governor may act in individual judgment in the specified constitutional situation.
The Governor of Arunachal Pradesh has special responsibility with respect to:
Law and order
The Constitution provides a specific discretionary role in this area.
Governor's discretion can broadly be classified into:
Discretion expressly or necessarily arising from constitutional provisions.
Examples:
Discretion arising from political circumstances where constitutional conventions guide the Governor.
Examples:
Specific responsibilities assigned to Governors by special constitutional provisions.
Examples:
The basic constitutional relationship is:
Normal Situation
↓
Governor
↓
Aid + Advice
↓
Council of Ministers
Exceptional situation:
Constitutionally Recognised Situation
↓
Governor
↓
Limited Discretion
↓
Constitutional Principles
20. Governor's Discretion Is Not Absolute
The Governor cannot claim discretion merely because a political question is controversial.
Discretion must arise from:
Constitutional provision
Constitutional convention
Established judicial principles
The Governor cannot use discretion as a substitute for:
Democratic majority
21. Floor Test as Constitutional Safeguard
Where the question is:
Does the government have majority support?
The answer should ordinarily come from:
Floor of the Legislative Assembly
not from:
Personal assessment of the Governor
This protects democratic legitimacy.
22. Judicial Review
The Governor's discretionary actions are not completely immune from judicial review.
Courts may examine whether:
Constitutional provisions were followed
Relevant considerations were taken into account
Power was exercised mala fide
Constitutional limits were violated
Democratic principles were undermined
However, courts generally respect the constitutional position of the Governor and do not replace the Governor's judgment with their own except where constitutional illegality is established.
23. Important Supreme Court Judgments
S.R. Bommai v. Union of India — 1994
Important for:
Article 356
Federalism
Floor Test
Judicial Review
The judgment strengthened the principle that majority should ordinarily be tested on the floor of the House.
Nabam Rebia v. Deputy Speaker — 2016
The Supreme Court examined the Governor's discretionary powers in Arunachal Pradesh.
The Court emphasised that the Governor's powers are subject to:
Constitutional limitations
Rameshwar Prasad v. Union of India — 2006
The Supreme Court examined the dissolution of the Bihar Legislative Assembly.
The case highlighted the need to prevent constitutional powers from being exercised on:
Mala fide or irrelevant grounds
Shamsher Singh v. State of Punjab — 1974
The Supreme Court established the broader principle that the Governor normally acts on the:
Aid and advice of the Council of Ministers
except in constitutionally recognised discretionary situations.
24. Governor's Discretion and Federalism
The Governor's discretionary powers have a major impact on:
Centre-State Relations
Because the Governor is appointed by the President, concerns may arise regarding:
Political neutrality
Central influence
Government formation
Article 356
Reservation of Bills
Therefore, the Governor must maintain:
Constitutional neutrality + Federal sensitivity
25. Issues with Governor's Discretion
1. Political Bias
A Governor may be accused of favouring the Union ruling party.
2. Delay in Government Formation
Unclear conventions can create disputes after elections.
3. Floor Test Delays
Delaying a floor test can create constitutional uncertainty.
4. Bill Reservation
Excessive or unnecessary reservation of Bills can create Centre-State tensions.
5. Article 356
Governor's reports can become politically controversial.
6. Lack of Clear Conventions
Some situations require clearer constitutional conventions.
26. Recommendations
Sarkaria Commission
Recommended that the Governor should:
Act impartially
Follow constitutional conventions
Give priority to testing majority on the floor
Exercise discretion carefully
Maintain political neutrality
Punchhi Commission
Emphasised:
Limited discretionary powers
Constitutional neutrality
Cooperative federalism
Greater clarity in the Governor's role
27. UPSC Prelims Facts
Governor's general discretionary framework is associated with Article 163.
Governor may exercise discretion in appointing a Chief Minister in a hung Assembly.
Majority should ordinarily be tested through a floor test.
Governor may reserve certain Bills for the President.
Governor can send a report under Article 356.
Fifth Schedule provides special responsibilities relating to Scheduled Areas.
Sixth Schedule provides special arrangements for certain tribal areas.
Article 371A contains special provisions for Nagaland.
Article 371H contains special provisions for Arunachal Pradesh.
Governor's discretion is not unlimited.
Governor normally acts on the aid and advice of the Council of Ministers.
Discretionary actions may be subject to judicial review.
28. UPSC Prelims Traps
Trap 1
"Governor has unlimited discretionary powers."
False
Discretion is constitutionally limited.
Trap 2
"Governor can determine majority based solely on personal assessment."
False
Majority should ordinarily be tested on the floor of the House.
Trap 3
"Governor always acts independently of the Council of Ministers."
False
The normal rule is aid and advice.
Trap 4
"Governor can dissolve the Legislative Council."
False
The Legislative Council is a permanent House.
Trap 5
"Every Bill can be freely reserved by the Governor."
False
Reservation operates within constitutional provisions and conventions.
Trap 6
"Article 356 is itself a discretionary power of the Governor."
False
Article 356 is a power of the President.
The Governor's role is to submit a report that may form part of the material considered by the President.
Trap 7
"Governor's discretion cannot be reviewed by courts."
False
Discretionary actions remain subject to constitutional and judicial limitations.
29. Governor's Discretion — Master Map
GOVERNOR'S DISCRETION
│
├── GOVERNMENT FORMATION
│ ├── Hung Assembly
│ ├── Invite CM
│ └── Floor Test
│
├── LEGISLATIVE
│ └── Reserve Bills
│
├── CONSTITUTIONAL CRISIS
│ └── Article 356 Report
│
├── SPECIAL RESPONSIBILITIES
│ ├── Fifth Schedule
│ ├── Sixth Schedule
│ ├── Article 371A
│ └── Article 371H
│
└── LIMITATIONS
├── Constitution
├── Judicial Review
├── Federalism
└── Democratic Majority
30. Quick Revision
ARTICLE 163
↓
Aid + Advice
↓
EXCEPTION
↓
Governor's Discretion
│
├── Hung Assembly
├── Government Formation
├── Floor Test
├── Bill Reservation
├── Article 356 Report
└── Special Constitutional Responsibilities
31. One-Line Memory Trick
Remember:
"Form Government → Test Majority → Reserve Bill → Report Crisis → Special Areas"
These five areas cover the major dimensions of Governor's discretion.
32. Mains Perspective
The Governor's discretionary powers are necessary to deal with exceptional constitutional situations, but their exercise can affect democratic government and federal relations.
The central constitutional challenge is:
Discretion without politicisation
The Governor must balance:
Constitutional Duty + Democratic Mandate + Federalism + Political Neutrality
The most important safeguard is:
Majority → Floor Test
rather than:
Majority → Governor's Personal Assessment
33. Way Forward
Clear Constitutional Conventions
Government formation should follow established and transparent conventions.
Floor Test
Where majority is disputed, the Assembly should determine the issue.
Limited Discretion
The Governor should exercise discretion only where constitutionally necessary.
Political Neutrality
The office should remain above partisan politics.
Timely Decisions
Constitutional decisions relating to Bills and government formation should not be unnecessarily delayed.
Cooperative Federalism
The Governor should function as a constitutional bridge between the Union and State rather than as a political intermediary.
34. Final Takeaway
The Governor's discretionary powers are an:
Exception to the normal rule of aid and advice.
The major areas are:
1. Hung Assembly and Government Formation
2. Floor Test
3. Reservation of Bills
4. Article 356 Report
5. Special Constitutional Responsibilities
The key principle for UPSC is:
Governor's Discretion ≠ Unlimited Personal Power
It is:
Constitutionally Limited + Judicially Reviewable + Subject to Democratic and Federal Principles