Which of the following are the discretionary powers given to the Governor of a State?
- 1.Sending a report to the President of India for imposing the President's rule
- 2.Appointing the Ministers
- 3.Reserving certain bills passed by the State Legislature for consideration of the President of India
- 4.Making the rules to conduct the business of the State Government
Select the correct answer using the code given below.
Answer & explanation
Answer: (b) 1 and 3 only
Under Article 163 the Governor acts on the advice of the Council of Ministers, except where the Constitution requires him to act on his own. Two of the listed matters are discretionary. The first is his report to the President that the State Government cannot be carried on according to the Constitution (Article 356). The second is reserving bills for the President's consideration (Article 200). Appointing Ministers and making rules of business follow the advice of the Chief Minister and the Council of Ministers.
- ✓ 1. Article 356 lets the President act on the Governor's report that the State Government cannot be carried on according to the Constitution. The Governor forms this assessment himself, not on his Ministers' advice.
- ✗ 2. Article 164(1) says the Chief Minister is appointed by the Governor, and the other Ministers are appointed by the Governor on the Chief Minister's advice. So this is not a discretionary power.
- ✓ 3. Under Article 200 the Governor may reserve a bill for the President. This is treated as a discretionary power. The Sarkaria Commission said it should be used only in rare cases, such as a bill that is patently unconstitutional.
- ✗ 4. Article 166(3) requires the Governor to make rules for transacting the State Government's business and allocating it among Ministers. He does this on the Council of Ministers' aid and advice. The same clause keeps matters in which the Governor must act in his discretion outside that allocation.
- • Since then After 2014 the Supreme Court re-examined how far the Governor's discretion under Article 200 extends, notably in its judgment of 8 April 2025 in the Tamil Nadu Governor case. The answer above reflects the position as it stood in 2014.
Remember · Governor's discretion: report for President's rule (Art 356) and reserving bills for the President (Art 200). Appointing Ministers and framing rules of business follow ministerial advice.
Sources
- Constitution of India, Article 163 (Council of Ministers to aid and advise 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 exercise his functions or any of them … The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister … If the President, on receipt of a report from the Governor 2*** of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on … The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business”
- Supreme Court of India judgment, 8 April 2025 (Governor's powers under Article 200, citing the Sarkaria Commission) ↗ “The Commission envisaged that discretionary powers of reservation of a bill under Article 200 should be exercised by the Governor only in rare cases where a bill is patently unconstitutional in his opinion.”
Question: UPSC Civil Services (Preliminary) 2014, General Studies Paper I. Explanation: Minimalist IAS, checked 25 Oct 2026 (how we verify). ·
