Discretionary power of governor. Discretionary Powers Of The Governor: Detailed Analysis With Case References (important Due To Karnataka Issue) 2019-03-01

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7 Discretionary Powers of the Governor in India

discretionary power of governor

Preference should continue to be given to the minority groups as hitherto. In the case of a money Bill, the President may either declare his assent or withhold his assent. Discretionary power must be used reasonably, impartially and avoiding oppression or unnecessary injury. This is as such a Constitutional convention wherein the rules of political practice are regarded as binding by those to whom they apply. If the material was incomplete, wrong, etc then the decision itself will be unjust and wrong. District Judges Appointments of persons to be, and the posting and promotion of, district judges in any State is done by Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State. If no party has a clear majority, the Governor invites the leader of the largest single party to form the Government.

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Discretionary powers of the Governor in relation to granting sanction for the prosecution of Public Servants

discretionary power of governor

When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom: Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as it mentioned in the first proviso to Article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration Procedure in Financial Matters f Dissolution of State Assembly: The Governor has the power to dissolve the Legislative Assembly. In summoning, proroguing or dissolving the House, the Governor has to seek the advice of the Ministers. The Governor acted in his discretion and did not consult the Centre at all as had been generally the case with the Governors previously. The said order established two Regional Committees in the Punjab, one for Hindi speaking region and the other for Punjabi speaking region. The Parade system is the physical verification of the list in the Assembly.

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4 Important Discretionary Powers of Governors of States of India

discretionary power of governor

· ii Though no reason need be assigned for discontinuance of the pleasure resulting in removal, the power under Article 156 1 cannot be exercised in an arbitrary, capricious or unreasonable manner. But in situation where no party gets absolute majority, the Governor exercises his discretionary powers in appointing the Chief Minister. In his role as the head of the state Government, he has discretionary powers. This added to the discretionary authority of the governor. One of the main points in this judgment was the evolution of the doctrine of Basic Structure of the Constitution. Advocate general has no fixed tenure and holds the office during the pleasure of the Governor. It was a concealed reproof of the Governor for misuse of discretionary power.

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The Discretionary Powers of the Governor of a State

discretionary power of governor

Gani, Governor in the Indian Constitution. Normally, Governor acts according to the advice of his Council of Ministers. After all there must be point where process of Aya Ram, Gaya Ram must stop. All the executive powers are exercised by the cabinet in the name of the Governor who acts constitutionally on the advice of the council of Ministers. Agencies have the power to prosecute or enforce matters through civil or criminal process.

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Governor: Executive, Legislative, Judicial and Discretionary Powers

discretionary power of governor

The very noble object of providing an opportunity to an eminent person to become a Minister has been mauled by the Governor. Union of India was a landmark in the history of the Indian Constitution regarding the position of the Article 356 of the Constitution. There is no denying the fact that the Governor plays a dual role. Likewise the Governor of the Punjab set a new standard by dissolving the State Assembly on the advice of the Chief Minister—Parkash Singh Badal who had lost majority in the State Vidhan Sabha due to defections from his party. In the words of Dr.


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The discretionary powers of the governor of a State

discretionary power of governor

There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion. Under Article 163 1 of the Constitution the Governor has been given discretion only in relation to his function under the Constitution, he is required to exercise in his discretion. Under the first method, he can ask the contenders to provide a list of their supporters and to enquire from each member on the list about his choice. The government of the State may like to cling to the office and not like to advise him to recommend to the President a proclamation of emergency in the State. Moreover, if the ministry is engaged in activities detrimental to the national security or solidarity, Governor may exercise his discretionary power and dismiss it. The Halsubry's laws of England 4th Ed.

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7 Discretionary Powers of the Governor in India

discretionary power of governor

What should the Governor do? Thus a political crisis of a baffling nature crops up. When the ministry loses the majority and the Governor is satisfied he may dissolve the House. I feel that it is a matter of great importance. Article 371 C of the Constitution confers special responsibilities upon the Governor of Manipur to secure the proper functioning of a Committee of the Members of the Legislative Assembly consisting of the members representing the Hill Area. He should be a detached figure with little record of participation in thelocal politics of the State. The Governor is not required to exercise this function in his discretion 'by or under' the Constitution. It may, however, be pointed out that the reorganization of the States in 1956 and the incorporation of a new Article 371, in the Constitution authorize the President to make provision for any special responsibility of the Governors of Punjab, Andhra Pradesh, and Bombay and specially entitle them to act in their discretion in particular cases.

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4 Important Discretionary Powers of Governors of States of India

discretionary power of governor

Vice-chancellors Governor is the Chancellor of universities in the state and he appoints vice-chancellors in various universities. Besides, he claimed support of 2 C. It happened in 1957 soon after the General Elections and in 1958, when the Mahtab Ministry tendered its resignation. If there is great deal of political discharge money in the state and political stability is being undermined the role of the Governor naturally becomes much larger. The court said that a Governor is not an elected representative, but only an executive nominee whose powers flow from the aid and advice of the Cabinet. State Election Commissioner Governor appoints the state election commissioner and determines the conditions of service and tenure of the later. Then why should we not be called to form government in Bihar? The Constitution does not specify these matters but the matters in which he can act without the advice of the council of ministers are: selection of Chief Minister if no political party has a clear-cut majority or does not have an acknowledged leader; dismissal of a ministry if he is convinced that it has lost majority support; dissolving the legislative assembly; reservation of certain bills for the consideration of the president; submission of report to the president regarding failure of Constitutional machinery of the state.


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Article 163 of Indian Constitution states that Governor can act in discretion, and it won't be questionable. Then how come SC quash Governors order?

discretionary power of governor

The provision dealing with discretionary power is couched in general terms. In case he uses both the methods, it is known as the List-Cum-Parade method. Even in the exercise of his discretionary powers, the Governor is not free in the sense that he has to act under instructions from the President of India or in accordance with some set conventions. If it is misused, either as a result of personal ambitions or as partisan in the currents and cross-currents of state politics, the President can always check him; if necessary, he may even remove him. In all his constitutional functions it is the Ministers who act; only in the narrow area specifically marked out for discretionary exercise by the Constitution, he is untrammelled by the State Ministers acts and advice. Baring few exceptions, wherever the Constitution requires the satisfaction of the President and the Governor, it is not their personal satisfaction, but the satisfaction of the Council of Ministers on whose aid and advice, the President or the Governor has to exercise their powers and functions.

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Brief notes on the Discretionary Powers of the Governor

discretionary power of governor

Moreover, what advice was tendered by the Governor to the Ministry cannot be inquired into a court. That would amount conferring the power of review on the Governor in respect of the decisions taken by the Council of Ministers which is answerable to the Legislative Assembly and the people. Governor as agent of the centre: Apart from being the constitutional head of a state, the Governor also acts as the agent or representative of the Central Government. Under such circumstances, the parties are apt to unite so as to muster the requisite majority and form the government. These discretionary powers of the Governor make him more than a mere constitutional head and enhance his powers in the State administration.

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