Polity & Governance Practice Question›› Indian Polity ››
Governor and President's Discretion
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Comparison of Constitutional and Situational Discretion
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Question 1
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Consider the following statements:
1. The Governor has both constitutional and situational discretion, while the President has only situational discretion.
2. The President’s situational discretion includes appointing the Prime Minister, dissolving the Lok Sabha, and dismissing the Council of Ministers.
Which of the following statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Explanation Statement 1 is correct.
Unlike the President of India, the Governor of State has the authority to act as he sees fit. The governor's discretion falls into two groups: situational and constitutional.
Statement 2 is correct.
Situational discretion of the president:
● When no party or coalition has a majority in the Lok Sabha, the president may invite a leader or group of leaders to form a government.
● When the Council of Ministers loses its majority in the Lok Sabha, the President has the authority to decide whether to dissolve the body.
● The Indian President may, at his discretion, request a reexamination of a decision and return the Council of Ministers' recommendations.
Situational discretion of the governor:
● Appointing a Chief Minister: When no party has a clear majority or if the current Chief Minister dies unexpectedly
● Dissolving the Assembly: When the Chief Minister loses the majority in the Assembly
● Dismissing the Ministry: When the Ministry refuses to resign after losing the majority in the House or after being defeated on a non-confidence motion
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