State Council of Ministers and Governor’s Discretionary Powers
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- The Indian Constitution outlines the appointment and conditions of service for members of the State Council of Ministers.
- According to this provision, the State Governor appoints the Chief Minister.
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- The Governor also appoints other ministers on the advice of the Chief Minister.
- It is stipulated herein that all ministers shall hold office during the pleasure of the Governor.
- It further states that the State Council of Ministers shall be collectively responsible to the State Legislative Assembly.
The Governor’s Discretionary Powers
- Under certain circumstances, the Governor possesses the authority to act on his own discretion, without the advice of the Council of Ministers.
- Following a Legislative Assembly election, if no single party secures a clear majority, the Governor has the authority to select and appoint the Chief Minister.
- If there is reason to suspect that the State Government has lost its majority, the Governor may request the Chief Minister to prove his majority in the Legislative Assembly.
- The Governor has the authority to reserve a bill passed by the State Legislative Assembly for the consideration of the President.
- If the Governor deems that the constitutional machinery in the State has broken down, he may submit a report to the President recommending the imposition of President’s Rule.
- In certain situations, the Governor may exercise discretionary powers regarding actions such as summoning or proroguing the Legislative Assembly, or dissolving the Assembly.
- The Governor has also been vested w
