The governor of an Indian state has certain discretionary powers that allow them to act without advice from the state's council of ministers in some situations. These include reserving a bill for the president's consideration, recommending president's rule be imposed in the state, and seeking information from the chief minister. The governor can also use discretionary powers to appoint a chief minister if no party has a majority or dismiss a council of ministers that loses the assembly's confidence. These discretionary powers give the governor an enhanced role beyond just a constitutional head.

1. Indian Constitution
DISCRETIONARY POWERS OF THE GOVERNOR
GROUP 3

3. The entire administration of the State is carried out in the name of
the Governor but practically the real authority is exercised by the
Council of Ministers. During the normal circumstances, Governor
acts according to the advice of his Council of Ministers.
However, Constitution has also vested the Governor with certain
discretionary powers, which he can use without the aid and advice
of the Council of Ministers or in other words, in the discharge of
these functions the Governor concerned is not bound to seek or
accept the advice of his Council of Ministers.

4. Cases in which the State
Governor has discretionary
powers

5. Cases
i. Reservation of a Bill for the Consideration
of the President.
ii. Recommendation for the imposition of
the President’s Rule in the State.
iii. Exercising his functions as the
administrator of an adjoining union
territory.

6. Cases
 iv. In the States of Asom, Meghalaya, Tripura and
Mizoram the Governor determines the amount
payable to an autonomous Tribal District Council.
 v. Seeking information from the Chief Minister with
regard to the administrative and legislative matters
of the state. In addition to these, a Governor may
exercise his discretionary powers to meet political
exigencies in the following cases

7. Cases
 v. Seeking information from the Chief Minister with regard to
the administrative and legislative matters of the state. In
addition to these, a Governor may exercise his discretionary
powers to meet political exigencies in the following cases
 a. Appointing the Chief Minister when no party has acquired
clear cut majority in the State Legislative Assembly and when
the Chief Minister dies when in office.
 b. Dismissal of the Council of Ministers when they loose the
confidence of the State Legislative Assembly.

8. Cases
 There are some other cases where the Governors of specific
States may Consult the Council of Minister headed by the
Chief Minister but acts, in his discretion, some of them may
be cited as follows
 i. Maharashtra – establishment of separate development
boards for Vidarbha and Marathwada.
 ii. Asom – with respect to the administration of tribal areas.

9. Cases
 iii. Establishment of separate development boards of Kutch
and Saurashtra in Gujarat.
 iv. Nagaland – observance of land and order so long internal
disturbance on the Naga Hills continue etc.

10. Conclusion
 These discretionary powers of the Governor make
him more than a mere constitutional head and
enhance his powers in the State administration.
These powers enable him to act more as an agent of
the Centre in State administration.

11. Thank YOU