The office of the Governor in certain situations carries with it the exercise of 'discretionary functions'…

Question

The office of the Governor in certain situations carries with it the exercise of 'discretionary functions' and 'special responsibilities'. Discuss this statement in view of the constitutional provisions.

Ghissu Editorial · Accepted Answer

Though the Governor usually acts on ministerial advice, Article 163(2) allows discretion in reserving bills under Article 200, recommending President's Rule under Article 356 and choosing a Chief Minister in hung assemblies. Special responsibilities include Sixth Schedule tribal matters and law and order under Articles 371A and 371H.

**Introduction**

The Governor in India acts as a constitutional head and Centre’s representative, exercising discretionary functions and special responsibilities in politically sensitive situations, such as hung assemblies and President’s Rule, exemplified by ==Andhra Pradesh== post-bifurcation challenges.

**Discretionary Functions**

1. **Constitutional Provision**: Article 163(2) empowers the Governor to act in discretion, with final decisions immune from judicial review, ensuring independent action when necessary.

2. **Hung Assembly and Political Crises**: The Governor’s discretion in appointing Chief Ministers or dissolving assemblies is critical in hung assemblies, as seen in Karnataka in 2018, impacting Centre-State relations⟦1⟧.

3. **President’s Rule Recommendation**: Article 356 allows the Governor to recommend President’s Rule if constitutional machinery fails; the S.R. Bommai case curbed misuse of this power.

4. **Reservation of Bills**: Under Article 200, the Governor can reserve bills for the President’s consideration, acting as a constitutional check on state legislation.

**Special Responsibilities**

1. **Tribal Areas and Autonomous Councils**: The Governor administers tribal district councils under the Sixth Schedule, safeguarding tribal rights in states like Assam and Meghalaya.

2. **Union Territories Administration**: When assigned, the Governor independently manages adjoining Union Territories, balancing state and Union interests.

**Way Forward**

1. **Fixed Tenure**: The Sarkaria and Punchhi Commissions urged a secure five-year tenure and transparent removal to enhance Governor’s independence.

2. **Clear Guidelines**: Issuing strict Centre guidelines on discretionary powers will prevent misuse, especially in assembly dissolution and President’s Rule imposition.

**Conclusion**

The Governor’s discretionary and special responsibilities are essential for constitutional governance and federal balance; reforms will strengthen their impartiality and democratic stability.

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