With reference to the constitutional position of the Governor in India, consider the following statements: 1. The Governor is bound by the aid and advice of the Council of Ministers in all matters, without exception. 2. The Constitution provides for both constitutional and situational discretion to the Governor in specific circumstances. 3. The decision of the Governor on whether a matter falls within his discretionary powers is final and cannot be challenged in court. Which of the statements given above is/are correct? |ForumIAS

[A] 2 only

[B] 2 and 3 only

[C] 1 and 2 only

[D] 1, 2 and 3

Answer: B

Notes:

Explanation:

The Governor is not bound by the Council of Ministers in discretionary matters (e.g., appointment of CM in hung assembly, reservation of bills, etc.).
The Governor enjoys both constitutional discretion (expressly provided in the Constitution) and situational discretion (arising from political circumstances).
The Constitution states that the Governor’s decision on whether a matter falls within his discretion is final and cannot be questioned in court.

Source: Laxmikant (Polity)