The discretionary powers of a governor are powers that the governor can use at their own discretion in special situations. These powers can be categorized into two parts: constitutional and situational. The following are some of the discretionary powers of a governor:
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Constitutional Discretion: The governor can act at their constitutional discretion in the following instances:
- When they have to reserve a bill for the consideration of the President of India.
- When they have to appoint the Chief Minister of the state.
- When they have to dismiss the Ministry.
- When they have to dissolve the Legislative Assembly.
- When they have to lay down the Annual Financial Statement before the Houses of the State Legislature and make demands for grants and recommending Money Bills.
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Situational Discretion: The governor can use their situational discretion in special situations:
- During an emergency, the governor can override the advice of the council of ministers and act as an agent of the President of India.
- The governor can use their discretion in submitting a report to the President of India regarding the affairs of the state.
- The governor can disqualify a member of a House of the State Legislature if the legislator is no longer complying with provisions of Article 191.
It is important to note that the governors use of these powers must comply with the advice of the Council of Ministers headed by the Chief Minister.
