2.3.8. Discretionary Functions of the Governor

♤ However, the Governor can act in his wisdom and discretion in certain cases. The Governor has constitutional discretion in following cases: The Governor can act in his discretion in the case of reservation of a Bill for the consideration of the President.

♤ He can give or withhold assent to Bills, return a Bill for reconsideration of the House concerned or both the Houses, reserving it for the consideration of the President.

♤ He advises the President on the issue of the failure of the constitutional machinery and

recommends for the imposition of the President’s rule in the state concerned.

♤ He can use his discretion while exercising the functions as the administrator of an adjoining Union Territory (in case of additional charge).

♤ He seeks information from the Chief Minister with regard to the administrative and legislative matters of the state.

The Governor, like the President, also enjoys situational/circumstantial discretion, i.e. the hidden discretion derived from the exigencies of a prevailing political situation in following cases:

♤ The Governor can appoint a new Chief Minister in a situation where no single party or leader commands majority support. He can dissolve the Assembly on the advice of a Chief Minister who has lost majority support.

♤ He can dismiss a Ministry where the Ministry refuses to resign even after losing majority support in the House or after being defeated on a non-confidence motion.