Q. Consider the following statements regarding the constitutional position of the President and the Governor:
1. The Constitution provides much wider discretionary powers to the President than the Governor.
2. The President is the final and only authority to decide on doubts/disputes regarding the discretionary powers of the Governor.
Which of the statements given above is/ are correct?
Exp) Option d is the correct answer.
Statement 1 is incorrect: The Constitution empowers Governor to act as per his discretion in certain cases. However, no such possibility has been envisaged in the Constitution for the President. Hence, the Constitution provides for wider discretionary powers to the Governor than the President.
Statement 2 is incorrect: Article 163 states that if any question arises whether Governor is by or under this Constitution required to act in his discretion, the decision of the Governor (and not President) in his discretion shall be final.
| Important Tips The Constitution provides that Governor can exercise his discretion in the following matters: In reserving a bill for the President’s consideration 1. For recommending imposition of the President’s rule in the State, 2. While exercising his functions as an administrator of an adjoining union territory. 3. In determining the amount payable as royalty on license for mineral exploration to the Autonomous District Councils of Assam, Meghalaya, Tripura and Mizoram. 4. Seeking information from Chief Minister regarding both administrative as well as legislative matters. Discretion in the above matters implies that the Governor is not required to act as per the advice of the Council of Ministers. |
