Question

Which of the following does NOT come under the power of a Governor of a State in India?

• A. Obligatory power
• B. Discretionary power
• C. Executive power
• D. Legislative power

Answer 1

Answer:

A. Obligatory power

Powers of the Governor of a State in India

Executive Powers:

• Appoints the Chief Minister and other ministers, who hold office during his pleasure.

• Appoints the Advocate General of the state and determines their remuneration.

• Appoints the Chairman and members of the State Public Service Commission (SPSC).

• Administers the oath of office to the Chief Minister and other ministers.

• Can recommend the imposition of President's Rule in the state.

• Can assume to himself any or all the functions of the Governor of an adjoining Union Territory in consultation with the President.

• Can ask the Chief Minister to furnish any information relating to the administration of the state.

Legislative Powers:

• Summons, prorogues and dissolves the State Legislature.

• Addresses the State Legislature at the beginning of the first session after each general election and at the commencement of each year.

• Can nominate one member to the State Legislative Assembly from the Anglo-Indian community (this provision has been extended till January 25, 2020, and later abolished by the 104th Constitutional Amendment Act, 2019).

• Can nominate 1/6th of the members of the State Legislative Council who are distinguished in literature, science, art, cooperative movement and social service.

• Has to assent to bills, withhold assent or return bills for reconsideration (except money bills).

• Can reserve certain bills passed by the State Legislature for the consideration of the President.

• Can promulgate ordinances during recess of the State Legislature.

Financial Powers:

• Money bills can be introduced in the State Legislature only on his recommendation.

• Ensures that the annual financial statement (budget) is laid before the State Legislature.

• Can make advances from the Contingency Fund of the State to meet unforeseen expenditure.

• Recommendations are required for the introduction of bills affecting the taxation in which states are interested.

Judicial Powers:

• Appoints judges of the High Court in consultation with the President and the Chief Justice of India.

• Can grant pardons, reprieves, respites or remissions of punishment or suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.

Discretionary Powers:

• Appointment of a Chief Minister when no party has a clear majority in the Assembly.

• Dismissal of the government when it fails to prove its majority on the floor of the Assembly.

• Dissolution of the State Legislative Assembly if the Governor is satisfied that the conditions of the Constitution are not being followed.

• Seeking information from the Chief Minister regarding administrative and legislative matters.

Constitutional or Obligatory Powers:

• These are powers that the Governor must exercise in accordance with the directions or advice of the Council of Ministers headed by the Chief Minister.

• The Governor acts as the agent of the President in the state and is bound by the advice of the state council of ministers in most matters.

• While the Governor has discretionary powers, the concept of 'Obligatory powers' implies actions taken under the mandatory guidance of the elected government, not independent authority. Therefore, 'Obligatory power' as a distinct category of power that the Governor does NOT possess independently, but rather acts upon constitutional advice, is the correct answer.