Q. With reference to the Governor of a state in India, consider the following statements:
1. The power of the Governor to prorogue the state legislature is not his discretionary power.
2. In some cases, the Governor can refuse the cabinet’s recommendation to summon the legislature.
3. When the Governor uses his discretionary power, his actions cannot be challenged in any court.
How many of the above given statements is/ are correct?
Exp) Option b is the correct answer.
Statement 1 is correct: The power of governor to prorogue the House is not his discretionary power. Article 174 provides the governor to summon, prorogue and dissolve the house(s) in consonance with the aid and advice of the chief minister and his council of ministers.
Statement 2 is correct: The governor can refuse summoning the house when the Chief Minister appears to have lost the majority and the legislative members of the House propose a no-confidence motion against the Chief Minister, then the Governor can decide on his/her own on summoning the House.
Statement 3 is incorrect: The actions of the Governor, when using his discretionary powers can be challenged in court. In the Nabam Rebia case, the supreme court said that discretionary power of the Governor is extremely limited and entirely amenable to judicial review.
